1. Definitions
    • "Direct-Dial" are calls that are made by You to another party where two or more parties are associated with the call and the connection is immediate and simultaneous.  For greater clarity, Diallog does not consider calls to "chat" lines or any re-routed calls as direct-dial; - in such circumstances, an immediate connection or call is not made with another party or parties.
    • "Services" are any and all of the residential and small business local and long distance voice services and related product offerings provided by Diallog or Vanguard Telecommunications Inc.
    • "Diallog" means Diallog or Vanguard Telecommunications Inc., as applicable. "You" means the subscriber to any Services including any person, firm, corporation or other entity that utilizes the Services.
  2. Use of Services and Responsibility for Charges
    • You may use the Services for purposes as outlined in these Terms of Service, provided that You do so in compliance with these Terms of Service, all applicable laws and regulatory requirements.  You are responsible for paying all charges for the Services, including any access fee, monthly service charges, long-distance, data transfer, and other charges you may incur: (i) made using your telephones or telecommunications systems; (ii) made using any number or authorization code assigned to You, including any calling card number, toll free number assigned or selected by You or any other personal identification number assigned to You or selected by You; (iii) which are charged to your account (including without limitation, collect calls).  You are responsible for the security of your authorization codes, and access to your telephones and telecommunications systems.
    • You have acknowledged that You are the person authorized to subscribe for the Services. In the event of a dispute regarding your authorization to subscribe for long distance services, Diallog will accept the local voice subscriber as the sole person so authorized.  Where Diallog becomes your local telephone company but not your long distance telephone company, Diallog may provide long distance services to You prior to activation by your long distance company, to ensure continued availability of long distance services.  Direct dialled long distance calls will be rated according to the savings plan determined by Diallog, and You will be responsible for long distance charges incurred during this interim period.
    • You may only use Diallog's long distance savings plans for voice calls from your phones connected to a Dialloglocal service line, either residential or small office/home office.  Services are for Direct Dial usage only.  .  Services cannot be used for Internet connections, faxing or other data transmission or for long distance calls from your small office/ home office if that office is not located in your residence.
    • Some Services may not be available in conjunction with other Diallog residential and small business local and long distance voice services and related product offerings.
  3. Billing and Payment
    • All transactions are in Canadian funds ($ CDN).
    • Charges will commence as of the activation date for the applicable Services.  Diallog will invoice You monthly for charges for the Services on the customary billing date, except that You may not be invoiced until the charges are $2.00 or more.  You will not be responsible for paying any charge for Services that is first invoiced more than 365 days after the date on which the charge was incurred.  You must pay amounts invoiced by the due date specified on the invoice, failing which You will be charged interest on outstanding past due amounts at the rate of 2% per month (24% per annum), or such other rate as Diallog may set from time to time.  The invoice will include, and You will be responsible for paying, applicable taxes, interest on overdue amounts and charges for returned payments (this includes, but is not limited to, cheques, credit cards and pre-authorized debits) ($15.00 per returned cheque).
    • Billing features and practices vary according to the Service(s).  Please see Diallog's product information, visit our web site at www.diallog.com or call Customer Service at 1-888-443-3876 for additional details.
    • Diallog reserves the right to require payment on an interim basis, prior to the normal billing date in circumstances where there is an abnormal risk of loss, for example where You have incurred a significant amount of long distance or other charges, or in situations of suspected fraud.  In such cases, charges will be considered past due when the time period for payment as specified by Diallog has lapsed.
    • You must bring invoice inquiries and disputes to Diallog's attention within 45 days of the invoice date or You will be deemed to have accepted the invoice as accurate in all respects.  Diallog will review any disputed charge, provided You continue to pay the undisputed portion and subsequent invoices.
    • Where your Services are cancelled, either by You or by Diallog, and there is an undisputed credit balance on your account, You may, between the 60th and 180th day after cancellation, require that it be applied to any ongoing or new Services provided to You within 180 days of the cancellation, or that it be refunded to You.  If You do not claim your credit balance within the 180 day period, it shall become the property of Diallog, and any account credits provided by Diallog will expire.  Diallog reserves the right to charge a reasonable processing fee in connection with issuing refunds.
  4. Credit and Security Deposits
    • Diallog and those acting on its behalf reserve the right to examine your credit record and to require a deposit or other security, including payment by credit card, before it provides, continues, or reinstates Services to You.  Should Diallog at any time consider a credit deposit to be insufficient, a further credit deposit may be required.  Diallog will determine, at its discretion, how your deposit or other security will be allocated to satisfy outstanding amounts owed by You to Diallog.  By subscribing to the Services, You authorize Diallog and those acting on its behalf to investigate your creditworthiness and agree, from time to time, to provide appropriate authorizations and financial information as Diallog may reasonably request for this purpose.  Where You have provided a deposit and submitted a request in writing, simple interest, based on the monthly savings account rate of The Bank of Montreal will be paid on all sums retained on deposit.
  5. Local Voice Services
    • The minimum subscription period for local voice Services is one month commencing from the date the Services are activated, unless Diallog stipulates a different minimum subscription period.  Diallog reserves the right at its sole discretion to charge an activation and/or installation fees to new Local subscribers
  6. Diallog's Right to Refuse to Provide or Continue to Provide Services
    • Diallog may at its discretion refuse to provide Services to You where:
      1. Diallog will incur unusual costs or expenses which You will not pay, for example, for securing rights of way or rights of access, acquiring space in buildings, or for special construction;
         
      2. You owe amounts to Diallog that are past due;
      3. You do not provide a security deposit or satisfy alternate security measures when requested by Diallog;
      4. Diallog has terminated your services in the past; or
      5. Diallog does not provide the requested service in your area.
  7. Customer's Installation and Maintenance Responsibilities
    • You must supply all facilities and equipment including, without limitation, all wiring inside your premises, and all telephone terminal equipment necessary to connect your facilities and equipment up to the demarcation point, which is the point where the local telephone company's facilities end, and your facilities begin.  Diallog has no obligation to maintain or repair facilities or equipment leased or owned by You, however upon your request Diallog may provide maintenance and repair service to your facilities and equipment.
  8. Inspection, Testing and Right of Entry
    • Diallog, including its agents and employees, may, upon reasonable notice, make such inspections, tests and adjustments as it may deem necessary to investigate, modify, maintain or repair the installation or operation of the telecommunications network, equipment or facilities.  You must make such facilities and equipment available to Diallog (including providing access to your premises) as may be reasonably necessary in the circumstances.  Upon request, Diallog employees must show valid identification prior to entering your premises
  9. Service Interruption
    • Diallog may interrupt your Services at any time for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons as may be required
  10. Diallog's Liability
    1. Diallog does not guarantee uninterrupted operation of the Services, or of its equipment, facilities, connections or network.  Except with regard to physical injuries, death or damage to your premises or other property wholly caused by Diallog's negligence, Diallog's liability for negligence, breach of contract, tort or other causes of action, or any loss, omissions, delays, errors, defects or failures in the Services, equipment or facilities, or for any other action or inaction of Diallog, is limited to a refund of charges for the affected Services proportionate to the length of time the problem existed, upon request.  Under no circumstances shall Diallog be liable for any indirect, special, consequential, exemplary or punitive damages whatsoever, including any interruption of business or lost profits, even if such damages were reasonably foreseeable
    2. Diallog is not liable for:
      • any disruption or unavailability of the Services, including without limitation, any disruption or unavailability of emergency 911 service;
      • any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or service);
      • your conduct, acts or omissions, or the operation or failure of your equipment or facilities;
      • any event beyond the reasonable control of Diallog including acts of God, inclement weather including lightning, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction;
      • its failure, for any reason, to activate any Services on the activation date You requested or activation date provided to You by Diallog; or
      • any defacement of, or damage to, your premises resulting from the attachment of any instruments, apparatus or associated wiring or equipment furnished by Diallog on your premises, or removal thereof, when such defacement or damage is not wholly caused by Diallog's negligence.
    3. Diallog provides the Services to You as an independent contractor. The employees or agents of other participating carriers are not and shall not be deemed to be agents or employees of Diallog.  There is no express or implied warranty or condition, whether of merchantability, fitness for a particular purpose, or otherwise, with respect to any Services, product or equipment provided to You by Diallog.  In subscribing for the Services, You obtain no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the Services.
  11. Your Liability
    1. You agree to indemnify and hold harmless Diallog against all claims, including fees and expenses of counsel,  resulting from your use (or the use by others with your explicit or implicit consent) of the Services, your codes, facilities or  equipment, which causes direct or indirect damage or harm to another party or to the property of another.
    2. If Diallog's equipment or facilities are presently located at or are to be installed on property or premises occupied by You, but not owned by You, You warrant that You have the consent of the owner to place such facilities or equipment on the property or premises. You agree to indemnify and save harmless Diallog from any and all actions, causes of action, claims, actions or demands arising or resulting from any lack of such consent.
    3. You must not use, in any manner or circumstances whatsoever, Diallog's or Vanguard Telecommunications Inc.'s trade-marks, trade names, logos or designs, and You have no authority to act on behalf of any of these companies.
  12. Suspension or Termination of Services by Diallog
    1. Without incurring any liability whatsoever, Diallog may suspend or terminate any or all of the Services where You:
      1. fail to pay an account that is past due, provided the account exceeds fifty dollars ($50.00) or has been past due for more than sixty (60) days, or You provide payment by cheque which is not honoured by your bank; and/or
      2. fail to provide interim payments when requested by Diallog; and/or
      3. fail to provide or maintain a reasonable deposit or alternate security when requested to do so by Diallog; and/or
      4. fail to meet Diallog's credit requirements as determined at the sole discretion of Diallog, or You become bankrupt or otherwise insolvent; and/or
      5. fail to comply with the terms of a deferred payment or credit agreement with Diallog; and/or
      6. violate any provision of these General Terms of Service; and/or
      7. fail to provide Diallog with reasonable entry and access to install, inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network; and/or
      8. use or permit others to use the Services so as to prevent fair and proportionate use by others; and/or
      9. use or permit others to use any of the Services for a purpose or in a manner that is contrary to law (including decisions, rules or orders of the CRTC), or for the purpose of making harassing, threatening, abusive, annoying or offensive calls; and/or
      10. charge or allow others to charge any other person for the use of the Services without Diallog's prior written agreement; and/or
      11. harass, threaten or otherwise act unreasonably towards Diallog, its employees or agents, or in relation to the Services, including without limitation, by making numerous unwarranted requests for credits; and/or
      12. alter or otherwise interfere with Diallog's facilities or equipment, or fail to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the Services, or Diallog's equipment, facilities or network; and/or
      13. fail to provide payment for other accounts with Diallog, including amounts owed by You as a guarantor for the account of another.
    2. In the event of a billing dispute, Diallog will not suspend or terminate your Services where:
      1. You are prepared to enter into and honour a mutually acceptable deferred payment agreement; or
      2. payment is made for all undisputed amounts when due, provided Diallog does not have reason to believe that the purpose of disputing certain amounts is to evade or delay payment.
    3. For the situations in Section (1), Diallog will provide reasonable notice to You stating:
      1. the reason for the proposed suspension or termination, and the amount in arrears (if any);
      2. the scheduled suspension or termination date; and
      3. the reconnection charge (if applicable).

      If Diallog has been unsuccessful in its attempts to contact You in relation to a proposed suspension or termination, Diallog will proceed with the suspension or termination.

    4. Notwithstanding anything contained herein to the contrary, Diallog will not provide notice of a proposed suspension or termination:
      1. where immediate action must be taken to protect Diallog's facilities, equipment, network or connections, to protect the safety or security of others (including protection against abusive behaviour), to stop the commission of any offence (including fraud), or to ensure compliance with any law, court order, ordinance, or other legal requirement;
      2. where Diallog believes that extreme circumstances exist (as determined at the sole discretion of Diallog), or that there is an abnormal risk of loss involved in delaying the suspension or termination; or
      3. in an emergency situation.
    5. In the event of a suspension or termination of the Services, all features and services, including emergency 911 service to the applicable telephone numbers will also be suspended or terminated.  A suspension or termination will not affect your obligation to pay any amounts owed to Diallog either during or after the suspension or termination. For local voice subscribers, if termination occurs during the minimum subscription period, You will be charged for the full month's charges.
    6. If the Services were suspended or terminated for cause, including non-payment or for any of the reasons listed above, a reconnection service charge may be applied for reconnecting each line.  Diallog cannot guarantee the availability or resumption of any previous telephone numbers following a suspension or termination of a telephone line.
  13. Diallog Initiated Changes in Telephone Numbers
    • For local voice Services, Diallog reserves the right to change telephone numbers assigned to You.  Diallog will provide notice of such change to You indicating the date of such change.
  14. Your Right to Cancel
      1. Diallog permits You to cancel your Services or switch your Services to another provider at any time by contacting Diallog's Customer Service at the number shown on your invoice.  You must call to cancel your services before switching to another provider.  You will be responsible for all charges incurred up to the effective cancellation date, which may be later than the requested cancellation date due to administrative requirements.  For local voice subscribers, if cancellation occurs during the minimum subscription period, You may be charged for the full month's charges.
      2. You acknowledge that it is your responsibility to inform Diallog of your decision to cancel any or all of your Services prior to switching to another provider.  If your services are switched away by another provider without You informing Diallog of your decision to cancel prior to your cancellation, your services may be switched back to Diallog by Diallog without your knowledge.  This is done for the protection and convenience of You and Diallog and as part of Diallog’s efforts to combat a known problem in Canada’s telecom industry known as slamming.  If You have not informed Diallog of your intention to cancel your services prior to their cancellation, You will be responsible for all charges incurred after you have been switched back to Diallog.
    1. The further statement of your right to cancel below is in accordance with legislation that may apply in your province of residence.
      • BUYER'S RIGHT TO CANCEL
      • You may cancel this contract from the day You enter the contract until 10 days after You receive a copy of this statement of cancellation rights.  You do not need a reason to cancel.
      • If You do not receive the goods or services within 30 days of the date stated in the contract, You may cancel the contract within one year of the contract date.  You lose this right if You accept delivery after the 30 days.  There are other grounds for extended cancellation.  For more information You may contact your provincial/territorial consumer affairs office.
      • If You cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in.  You must then return the goods.
      • To cancel, You must give notice of cancellation to Diallog's Customer Service at 381 Queen St. West, 3rd Floor Toronto, Ontario, M5V 2A5, facsimile number 416-367-8350.  You must give notice of cancellation by a method that will allow You to prove that You gave notice, including by registered mail, facsimile or by personal delivery.
  15. Changes, Modifications or Termination of Plans or Plan Features
    • Without incurring liability, Diallog may at any time and without notice to You, change, modify or terminate any plan or plan features, in whole or in part (including the rates or charges).  In the event of any such change or modification, You will be responsible for paying all charges incurred for use of the Services including any charges arising out of the change or modification.  In the event of a termination of a plan or plan feature, You will be responsible for paying all charges incurred up to the applicable termination date.
  16. Customer Privacy and Confidentiality
    • Diallog has created a Privacy Policy to protect your personal information.  Personal information is information about You.  It includes data about the Diallog products and services You use and how You use them.  Personal Information does not include information listed in public directories or available through directory assistance, such as a your name, address, telephone numbers or electronic addresses.
    • Diallog collects personal information for some of the following reasons:
      1. to establish and maintain responsible commercial relations with You and to provide You with ongoing service and offers;
      2. to understand your needs and preferences;
      3. to develop, enhance, market or provide products and services;
      4. to manage and develop business and operations, including personnel and employment matters; and
      5. to meet legal and regulatory requirements.
    • Diallog does not provide or sell personal information about You to any outside company for marketing or solicitation purposes, except with your explicit permission. Diallog does not use or disclose personal information for purposes other than those for which it was collected, except with your consent unless required by law, or in an emergency.
    • Personal information is only retained as long as necessary or as required by law.  To offer better service, Diallog may disclose your information on a confidential basis. Please review our Privacy Policy to learn more about Diallog's use of information.
    • Diallog's Privacy Policy means that You have control over your personal information and how it is disseminated.  You may remove your name from our third-party marketing lists at any time.  While these lists are meant to inform You of relevant and beneficial products, services or offers, it is your right to have your name removed on request.  You also have the right to refuse to provide personal information or withdraw your consent for its collection, with reasonable notice and subject to any legal or contractual restrictions.  However, You acknowledge that Diallog's ability to provide service may be limited.
    • You may review or obtain a complete copy of Diallog's Privacy Policy to understand how your personal information is collected, used, disclosed and retained by our company by visiting our website at www.diallog.com/privacy.
  17. Privacy Enhancing Features
    • In addition to our Privacy Policy, Diallog offers the following privacy enhancing features to provide You with greater control over your personal privacy.  For additional information on these features, please call our Customer Service at 1-888-443-3876.
    • Call Display
      Call Display provides subscribers with the name and number of the current or last incoming caller.  Call Display also  provides the date and time the call occurred.  This feature requires a compatible telephone or display unit.
    • Call Display Block
      Call Display Blocking allows subscribers to prevent their name and number from being displayed on a called party's display set.  Instead of displaying the subscriber's name and number, only the date and time will be displayed with either "Private Name/Private Number, Anonymous, Blocked Call or Unknown" on the called party's telephone set.  Call Display Block is available on a per call basis by dialing *67 before placing the call. Diallog also offers automatic blocking of your name and number from appearing on the called party's display set on all calls from your telephone line.  To arrange for this feature please call our Customer Service.  A monthly charge will apply.  This feature is free of charge to crisis lines, women's shelters, community health clinics, law enforcement agencies and victims of domestic violence.
    • Call Screen
      Call Screen allows a user to reject those calls that are on the users' screening list. Subscribers to Call Screen may select up to 12 numbers in which they do not wish to receive calls.  Incoming calls on the screening list receive a polite message informing the caller that the called party does not wish to receive the call.
    • Last Call Return
      This features allows the customer to obtain the telephone number, along with the date and time of the last incoming call, whether it was answered or not, from any telephone set in the house.  Call Return is activated by dialing *69.  This feature is not available in all areas.
    • Call Trace
      Call Trace allows subscribers who have received obscene or harassing calls to automatically trace their last incoming call, including the phone number, date and time of the call.  Diallog will only release the information to the police, upon request.  The subscriber will be required to present proper legal documentation.  To initiate Call Trace, dial *57 after answering the call and hanging up.  A voice message will tell You if the call has been traced successfully.  A charge will be applied for every Call Trace attempted.
  18. Policy on Automatic Dialing-Announcing Devices (ADADs) and Unsolicited Calls Made for the Purpose of Solicitation
    • Diallog enforces all Canadian Radio-television and Telecommunications Commission rules on Automatic-Dialing Announcing Devices (ADAD) and unsolicited voice and facsimile calls made for the purposes of solicitation.  ADAD assist callers in making live or facsimile calls.  They can store or produce telephone numbers to be called to deliver a pre-recorded or synthesized voice message.
    • Prohibited ADAD Use
      The use of ADAD to make unsolicited calls for the purposes of solicitation is prohibited. Prohibited calls include calls made to solicit on behalf of a charity, the use of ADAD messages to request that a called party hold until an operator is available (when the purpose of the call is to solicit), activities such as radio station promotions, or ADADs calls referring the called party to a 900 or 976 Service number.
    • Permitted ADAD Use
      ADAD calls are not prohibited where no attempt is made to solicit, however the following restrictions apply:

      1. Permitted unsolicited ADAD calls must not be placed to emergency lines or healthcare facilities.
      2. Unless otherwise provided by law, permitted unsolicited ADAD calls may only be placed between 9:30 a.m.  and 8:00 p.m.  Monday to Friday, between 10:30 a.m.  and 5:00 p.m.  on Saturday, and between noon and 5:00 p.m.  on Sunday.
      3. Permitted unsolicited ADAD shall begin with a clear message identifying the person on behalf of whom the call is being made.  This message should include:
        1. a mailing address; and
        2. a telephone number at which the called party can reach, at no charge, a responsible individual representing the originator of the message.

        If the actual message exceeds 60 seconds, the identification message must be repeated at the end of the call.  Where the person making the call is conducting a survey on behalf of a client, either the survey research organization or the client on whose behalf the call is made must be identified in accordance with the above requirements.

      4. Permitted unsolicited ADAD calls must display the originating calling number, unless number display is unavailable for technical reasons.  Alternatively, ADAD users may subscribe to alternate number display service and display another number at which the call originator can be reached.
      5. Sequential dialing is prohibited.  Random dialing and calls to non-published numbers are allowed.
      6. An ADAD user shall make all reasonable efforts to ensure that their equipment disconnects within ten seconds of the called party hanging up.
    • Unsolicited Live Voice and Facsimile Calls
      The same dialing restrictions that apply to ADAD apply to unsolicited live voice and facsimile calls made for the purposes of solicitation.
      As well, persons placing unsolicited live voice or facsimile calls to solicit are to ensure that a Customer's request not be called again is respected.  The Customer's name and telephone must be removed from calling lists within 7 days of the request for unsolicited facsimile calls and 30 days of the request for unsolicited live voice calls.  A customer's "do not call"request must remain active for three years.
      Professional calling organizations are to provide information with respect to itself as well as the person on behalf of whom the call is being made.
      ADAD callers who violate the restrictions posed by the Canadian Radio-television and Telecommunications Commission could have their service terminated after two business days' notice.
  19. Directory Listings
    • If you subscribe to Diallog local service, Your telephone numbers may be published in the telephone directory for your area unless you make appropriate arrangements to have your telephone numbers removed from the directory (unlisted), and pay any corresponding service charges when due.
    • In the case of errors or omissions in the directory listings, whether or not the error or omission is with regard to telephone numbers, individual names or business names, Diallog's liability with regard to any such errors or omissions is limited to a refund or credit of any charges associated with the listings in question for the period during which the error or omission occurred.
  20. DiallogWire Care Maintenance Plan
    • The Wire Care service is only available to Diallog Local Service subscribers.
      Benefits
      Diallog's Wire Care Maintenance Plan covers the following:

      1. Diagnosis of problems and repair of jacks and inside wiring - from the "demarcation point" that are connected to the network and subsequently cease to function due to normal wear and tear or accidental damage.  (The "demarcation point" is the point of interconnection of Diallog's Local Service and the wiring provided inside your premises.  This point is usually a jack-like device or small grey box that separates your inside wiring from the telephone network.).
      2. Diagnosis of problems caused by terminal equipment, such as phones, faxes and modems - Terminal equipment itself is not covered under the Wire Care maintenance plan.
      3. Repair or replacement of jacks and inside wiring resulting from:
        • Physical damage to a portion of the premise
        • Damage caused by pets
    • Restrictions
      The following services are not covered by Diallog's Wire Care Maintenance Plan:

      1. Excessive repair requests - as may be reasonably determined by Diallog.
      2. Inside wiring or jacks which:
        • do not meet electrical codes or applicable standards and regulations
        • are not properly connected to the telephone network;
        • are rendered impossible due to lack of access to premises;
        • are in boats, boat docks, marinas.
      3. Terminal Equipment - Repair or replacement of any terminal equipment.
      4. Additional Wiring and Jacks - The installation of additional wiring and jacks.
      5. Outside Wiring - Repair or replacement of outside wiring (whether aerial or buried).
      6. Deliberate Damage or Acts of God - Repair or replacement of inside wiring or jacks damaged as a result of negligence, deliberate damage or vandalism, and acts of God, such as fires, floods, lightning, and earthquakes affecting a large number of premises

      The following conditions apply to Diallog's Wire Care maintenance plan:

      Inside wiring and jack repair services will be performed during Diallog's regular business hours.  (Mon.  to Fri.  9 a.m.  - 5 p.m. local time)

      The Wire Care maintenance plan will be billed monthly and will start on the date appearing on your first bill following enrollment.

      The Wire Care Maintenance Plan is a minimum 12-month program.  Customers who cancel the Wire Care Maintenance Plan prior to the end of the initial 12-month period will be charged a lump sum representing the aggregated total of all monthly charges for the months remaining in the initial 12-month period.

      If You cancel the Wire Care Maintenance Plan after the initial 12-month period, no cancellation fee will apply and the monthly charge for the month during which cancellation occurs will be prorated.

      Termination will take effect 24 to 48 hours following verbal notice.  You must contact Diallog in order to cancel your coverage.

      After the initial 12-month period, the Wire Care Maintenance Plan will continue to be provided under the same terms and conditions until modified or terminated by Diallog or terminated by You.  Diallog reserves the right to increase the monthly fee charged for the Wire Care Maintenance Plan at any time.

      The Wire Care Maintenance Plan is limited to a single line and a single telephone number.  Wire Care is not transferable to a new telephone number.  If You change your telephone number at anytime Wire Care will be canceled along with your old telephone number.  If You still wish to subscribe to the Wire Care Maintenance Plan You must subscribe to the service with your new telephone number.  This will constitute a first time enrolment and therefore be subject to the initial 12 month term conditions.

      Wire Care covers one individual line only and not all lines under one account.  Each line subscribed to must have individual coverage by Wire Care.

      Diallog's total liability arising out of or in connection with the Wire Care Maintenance Plan and your exclusive remedy is limited to the amount You paid for the Wire Care Maintenance Plan over the previous 12 months.  Under no circumstances will Diallog be liable for any indirect, incidental, special or consequential damage, such as, but not limited to, loss of profits, data or expected savings, even if Diallog was advised of the possibility thereof.

      Diallog reserves the right to charge additional fees and/or terminate the Wire Care Maintenance Plan if Diallog determines that a customer is acting in an abusive manner, is not fulfilling his or her obligations under the Wire Care Maintenance Plan or is not paying the monthly fee when due.

  21. Available Special Needs Services
    • Provision of 911 Access
      As a local subscriber, You will receive access to emergency services through the 911 Service Provider that connects Diallog's dedicated trunks to the municipality's Public Safety Answering Point.  The emergency 911 fee charged by the municipality may be billed each month as part of your monthly charge for basic services, or may be billed directly by the municipality.
    • Hearing Impaired Assistance (Hearing Impaired Assist)
      As a local voice subscriber, You will receive Hearing Impaired Assist 24-hours a day. Hearing Impaired Assist operators are available to assist You in placing calls to or from persons who use a TTD (telecommunications device for the deaf) machine.

      Hearing Impaired Assist enables hearing customers to communicate with deaf, hard-of-hearing, and speech impaired customers by relaying messages between TTD's and conventional phone users.

      The surcharge for sent paid calls will not be applied to local Hearing Impaired Assist calls. Hearing Impaired Assist callers will also be charged a lower rate (the automated operator rate) for live collect and bill-to-third calls.  The charge for this service will be billed each month as part of your monthly charge for basic services.  Long-distance charges will apply, where applicable.

      Specialized Operator Service staff relay messages word for word and are not permitted to disclose this information to anyone else.

      To communicate with customers who are speech-impaired, deaf or hard-of-hearing a subscriber may call them directly using a TTD.  If the subscriber needs to place a call through the Hearing Impaired Assist operator:

      • For TTD to Voice Dial 711
      • For Voice to TTD Dial 1-800-855-0511
      • For TTD to TTD Dial 1-800-855-1155
  22. Customer Service
    • You may contact our Customer Service for information, inquiries or concerns regarding the Services, or other Diallog services or products, your account or any other matter relating to Diallog at 1-888 443-3876.
    • You may also write to Diallog at:
      Diallog
      381 Queen St. West.  3rd Floor
      Toronto, Ontario
      M5V 2A5
    • You may also email Diallog at: feedback@diallog.com
  23. General Terms of Service
    • These General Terms of Service are binding on You and on Diallog and are subject to change from time to time.  You cannot assign or transfer your rights or obligations under these General Terms of Service without Diallog's prior written consent.  These General Terms of Service shall be governed by the laws applicable in the province of your billing address.  From time to time Diallog may partner with outside companies to provide other services to You, our customer.  Please note that the Terms of Service, including pricing, for these partnerships may vary and may be changed without notifice. These General Terms of Service are available in French at your request.  Les présentesConditions Générales sont disponibles en français sur demande.
    • Note: Product names and terms used throughout these General Terms of Service are registered or pending trade-marks of, or are licensed by, Diallog, Vanguard Telecommunications Inc., or their affiliates.