This is an agreement between you and Eastlink. It sets out the terms and conditions (the "Service Terms") that apply to your use of the Eastlink IP relay service and any associated telecommunications services that Eastlink provides (the "Services"). The Service Terms, together with Eastlink rules and policies applying to the use of the Services, any terms stated on your bill and the prices, discount rates and other terms applicable to the Services of which Eastlink notifies you, form the agreement between you and Eastlink for the Services (the "Agreement").
For the purposes of these Service Terms, "you" refers to the person or business whose name appears on the Service registration and bill.
- Service Description
Eastlink Internet Protocol Relay is a message relay service that allows Eastlink local phone service customers who are hearing and/or speech impaired to place and receive text-based relay calls from their personal computer and/or Internet-enabled mobile device via an operator. The Service is accessed through the Internet via a compatible device and a secure web page. You are responsible for obtaining the applicable Internet access service and compatible device required to access the Service. Once a call is initiated by you, a specially trained operator will attempt to connect your call to the hearing person for whom the call is intended and, once connected, will relay the conversation by voice. The Service is for individual use only. Any other use of the Service is strictly prohibited. Although the Service is intended to be available 24 hours a day, 7 days a week, technical or service interruptions may arise which can result in the Service being temporarily unavailable. Eastlink makes no warranty that the Service will be uninterrupted or error free or that defects to the Service will be corrected. Eastlink may deny or limit the use of the service for any lawful reason. Eastlink IP Relay services are offered through a third party provider and not by Eastlink. The service may be conducted outside of Canada.
- Permissible Call Types
The Service permits you to place certain Internet relay calls using the Services as set forth in the Eastlink website located at https://iprelay.Eastlink.ca ("Service Web Site"). 900 pay-per-call, and any other types of calls of which Eastlink notifies you, are not permitted. The Service is not designed for emergency calls, nor should it be used as a substitute for 9-1-1 services. You are urged to use your message relay TTY to call 9-1-1, if available. Calls placed to 9-1-1 while you are outside of Canada will not be completed.
You acknowledge and agree that:
- in regard to a call to the emergency telephone number 9-1-1, use of the Service may result in calling line identification being delivered to Eastlink' network;
- the use of calling line identification in association with Service could result in calls originating from a location other than the location associated by Eastlink with the calling line identification for that number;
- if, in dispatching emergency services in response to a call to 9-1-1, reliance is placed on information associated with the calling line identification received by Eastlink's network in conjunction with the call to 9-1-1, emergency services may not be routed to the location from which the call to 9-1-1 originated; and
- in regard to a call to 9-1-1, you or any person using the Service or any services used in conjunction with Service is responsible to provide complete and accurate information relating to the actual location of the emergency situation to the emergency services call operator.
Without restricting any other indemnities set forth herein, you are responsible and shall indemnify Eastlink for, and hold Eastlink harmless from and against, all charges, losses, costs, liabilities and damages of any kind whatsoever related to emergency services being dispatched to a location other than the location from which the call to 9-1-1 originated as a result of:
- any use by you of the Service that results in the location associated by Eastlink with a calling line identification being a location other than the location from which the call to 9-1-1 originated; or
- the failure by you or any person using the Service or any services used in conjunction with the Service to respond, or provide complete or accurate information, to a 9-1-1 or emergency call operator requesting a response or information in order to properly dispatch emergency services.
- Your Responsibilities
You are required to be properly registered via the Service Web Site and to have a Eastlink local telephone billing account in order to use the Service. Your phone number must be the one that is currently on file with Eastlink. Eastlink Service can only be used in areas where Eastlink offers service. The Service cannot be used anywhere else. Business customers are required to notify Eastlink when they no longer need the IP Relay account and/or when they no longer have an authorized IP Relay user.
You must obtain an Internet access service and provide compatible end user equipment for use with the Service.
You are responsible for updating your all of your address information, including your IP Relay account address and your wireline phone account address, which must be updated separately and is where emergency service personnel would be dispatched unless directed otherwise when you call 9-1-1. You must update your wireline account by contacting Eastlink at 1-888-345-1111 or by visiting http://www.Eastlink.ca/about/contract/index.asp where you can email or chat live with an Eastlink representative, and must update your IP Relay account address in the Eastlink IP Relay Service Web Site at https://iprelay.Eastlink.ca
- Other Documents
You will sign any authorizations required by other companies in order for Eastlink to provide the Services.
- Long Distance Charges
IP Relay to Voice calls within Canada are free of charge to the IP Relay caller. International and directory assistance calls will be charged at regular rates and are subject to Eastlink’s long distance policy available at http://Eastlink.ca/About/TermsandConditions.aspx
- Amendments to this Agreement
Eastlink reserves the right to amend these Service Terms, including rates and additional charges, at any time by giving 30 days notice. Eastlink will notify you of amendments to these Service Terms by posting notice of the amendment at the Service Web Site, or by sending you notice on your monthly bill or email bill notice that the Service Terms have been amended, directing to where the amendment may be consulted. If you have access to the Internet, it is your responsibility to go to the Service Web Site at least every month in order to become aware of any amendments posted on the site, and you agree to consult any amendments notified to you in accordance with the directions received on your monthly bill or email bill notice. You are not obliged to continue using the Services after an amendment to the Service Terms is made; however, in the event you choose not to accept the changes, your sole remedy is to cancel the Services. Your continued use of the Services following any amendment shall be deemed to be your acceptance of the amended Service Terms, waiver of any additional notice requirements and agreement to pay for the Services in accordance with the amended Service Terms.
- Your Account
You represent and warrant that you have reached the age of majority (at least 18 or 19 years of age) in the province or territory in which you reside and that you possess the legal right and ability to enter into this Agreement and to use the Services in accordance with this Agreement. As the Services account holder, you are responsible for your account and the maintenance of all passwords related to your account. You are solely responsible and liable for any and all activities that occur under your account. You are also responsible for maintaining the confidentiality of your account and all passwords related to your account. You agree to immediately notify Eastlink, by calling 1-888-345-1111 or by visiting http://www.Eastlink.ca/about/contract/index.asp where you can email or chat live with an Eastlink representative, of any unauthorized use of your account or any passwords related to your account or of any other breach of security and to provide assistance to Eastlink, as requested, to stop and/or remedy any breach of security.
You are also subject to the general terms of service for your Eastlink local phone service, as well as any Internet or other service you receive from Eastlink, available for inspection at http://Eastlink.ca/About/TermsandConditions.aspx/