Terms of Service
The rates, charges and conditions upon which CityWest’s services and facilities are offered are regulated by the Canadian Radio television and Telecommunications Commission and are set out in Tariffs approved by the commission.
The tariffs are available for inspection during business hours at our Business Office.
NOTE: The Terms of Service below were approved and prescribed by the Canadian Radio- television and Telecommunications Commission.
A complete set of the Tariffs for CityWest Cable & Telephone’s serving territory are available for public inspection at our office located at:
248 3rd Ave West
Prince Rupert, BC
Tariffs are available on a yearly subscription basis. No charge upon request.
To make the arrangements, please write to:
248 3rd Ave W.,
Prince Rupert, BC
1.1 - Except as otherwise specified, these Terms of Service apply with regard to services for which the Canadian Radio- television and Telecommunications Commission has approved a tariff.
1.2 - These terms do not limit CityWest’s liability in cases of deliberate fault or gross negligence, or of breach of contract where the breach results from the gross negligence of the Company.
1.3 - Tariffed services offered by CityWest are subject to the terms and conditions contained in:
(a) these Terms;
(b) applicable provisions of CityWest’s tariffs; and
(c) any written application, to the extent that it is not inconsistent with these Terms or the tariffs.
All of the above bind both CityWest and its customers.
2. Effective Date of Changes
2.1 - Subject to Article 2.2, changes to these Terms or the tariffs, as approved by the Canadian Radio- television and Telecommunications Commission, take effect on their effective date even though applicants or customers have not been notified of them or have paid or been billed at the old rate.
2.2 - The old non- recurring charges for the transaction in question apply where service which was to be provided by a certain agreed- upon date was, through no fault of the applicant or customer, not so provided and in the meantime a rate increase has gone into effect.
3. Obligation To Provide Service
3.1 - CityWest is not required to provide service to an applicant where:
(a) CityWest would have to incur unusual expenses which the applicant will not pay; for example, for securing rights of way or for special construction;
(b) the applicant owes amounts to CityWest that are past due other than as a guarantor; or
(c) the applicant does not provide a reasonable deposit or alternative required pursuant to these Terms.
3.2 - Where CityWest does not provide service on application, it must provide the applicant with a written explanation upon request.
4. Company Facilities
4.1 - Except where otherwise stipulated in its tariffs or by special agreement, CityWest must furnish and install all facilities required to provide service.
4.2 - Upon termination of service, the customer must return CityWest equipment.
4.3 - CityWest must bear the expense of maintenance and repairs required due to normal wear and tear to its facilities, except that CityWest may charge for the additional expense incurred when the applicant or customer requires maintenance and repair work to be performed outside of regular working hours. This section does not apply where otherwise stipulated in CityWest tariffs or by special agreement.
4.4 - A customer who has deliberately, or by virtue of a lack of reasonable care, caused loss of damage to CityWest’s facilities may be charged the cost of restoration or replacement. In all cases, customers are liable for damage caused to CityWest facilities by customer- provided facilities.
5. CityWestRight to Enter Premises
5.1 - CityWest’s agents and employees may, at reasonable hours, enter premises on which services is or is to be provided, to install, inspect, repair and remove its facilities, to inspect and perform necessary maintenance in cases of network- affecting disruptions involving customer- provided facilities, and to collect proceeds from coin telephones.
5.2 - Prior to entering premises, CityWest must obtain permission from the applicant, customer or other responsible person.
5.3 - Entry is not subject to Article 5.1 and 5.2 in cases of emergency or where entry is pursuant to a court order.
5.4 - Upon request, CityWest’s agent or employee must show valid CityWest identification prior to entering premises.
6. Deposits and Alternatives
6.1 - Except as otherwise stipulated in its Tariffs, CityWest cannot require deposits from an applicant or customer at any time unless the applicant or customer:
(a) has no credit history with CityWest and will not provide satisfactory credit information.
(b) has an unsatisfactory credit rating with CityWest due to payment practices in the previous two years regarding CityWest’s services; or
(c) clearly presents an abnormal risk of loss.
6.2 - CityWest must inform the applicant or customer of the specific reason for requiring a deposit, and of the possibility of providing an alternative to a deposit, such as arranging for third party payment, a bank letter of credit or a written guarantee from a third person whose credit is established to the satisfaction of CityWest.
6.3 - An applicant or customer may provide an alternative to a deposit provided it is reasonable in the circumstance.
6.4 - At no time may the total amount of all deposits and alternatives provided by or for an applicant or customer exceed three months’ charges for all services, including anticipated long distance charges.
6.5 - Deposits earn interest in accordance with the formula set out in the applicable provisions of CityWest’s Tariffs.
6.6 - CityWest must show the total amount of deposits held with accrued interest on each customer monthly account.
6.7 - CityWest must review the continued appropriateness of deposits and alternative arrangements at six month intervals. When service is terminated or the conditions which originally justified them are no longer present, CityWest must promptly refund the deposit, with interest, or return the guarantee or other written undertaking, retaining only any amount then owed to it by the customer.
7. Restrictions on Use of Service
7.1 - Service may be used by the customer and all persons having the customer’s permission to use it. In the case of business telephone service, joint use within the meaning of CityWest’s tariffs is permitted only upon approval by CityWest in accordance with the applicable provisions of its tariffs.
7.2 - Customers are prohibited from using CityWest’s services or permitting them to be used for a purpose or in a manner that is contrary to law or for the purpose of making annoying or offensive calls.
7.3 - Customers are prohibited from using CityWest’s service or permitting them to be used so as to prevent a fair and proportionate use by others. For this purpose, CityWest may limit use of its services as necessary.
7.4 - CityWest’s facilities must not be re- arranged, disconnected, removed, repaired or otherwise interfered with except in cases of emergency, where specified in CityWest’s tariffs or by special agreement. Terminal equipment provided by the customer may be connected with CityWest’s facilities, pursuant to the provisions of the General Tariff or by special agreement.
7.5 - No payment may be exacted, directly or indirectly from any person by any party other than CityWest for the use of any of CityWest’s services, except where otherwise stipulated in CityWest’s Tariffs or by special agreement.
8. Customer Liability For Calls
8.1 - Customers are responsible for paying for all calls originating from, and charged calls accepted at, their telephones, regardless of who made or accepted them.
9. Dispute Procedure
9.1 - Customers may dispute charges for all calls which they do not believe originated from or were accepted at their telephones. The dispute procedure set out in the introductory pages of the telephone directory should be followed and customers must pay the undisputed portion of the bill.
10. Confidentiality Of Customer Records
10.1 - a company involved in supplying the customer with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; or
10.2 - an agent retained by CityWest in the collection of the customer’s account, provided the information is required for, and is to be used only for, that purpose.
10.3 - CityWest’s liability for disclosure of information contrary to Article 10.1 is not limited by Article 15.1.
10.4 - Upon request, customers are permitted to inspect any Company records regarding their service.
10.5 - Unless a customer consents in writing or disclosure is pursuant to a legal power, all information kept by CityWest regarding the customer, other than the customer’s name, address and listed telephone number, are confidential and may not be disclosed by CityWest to anyone other than: the customer;
10.6 - a person who, in the reasonable judgement of CityWest, is seeking the information as an agent of the customer;
10.7 - another telephone company, provided the information is required for the efficient and cost- effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose;
11.1 - Customers are entitled to receive, without charge, as many copies of the most recent telephone directory for their district, both white and CityWest Business Pages, and as many copies of subsequent updated directories as they are published, as are reasonably required, up to a maximum of one per telephone, whether provided by the customer or the Company.
11.2 - CityWest must provide, without charge, replacement directories required as a result of reasonable wear and tear.
11.3 - The contents of CityWest’s directories may not be published or reproduced in any form without CityWest’s written consent.
12.Directory Errors And Omissions
12.1 - In the case of errors or omissions in directory white and CityWest Business Pages standard listing, whether or not the error or omission is with regard to a telephone number, CityWest’s liability is limited to making a refund or cancelling any charge associated with such listings for the period during which the error or omission occurred. However, where the error or omission is occasioned by CityWest negligence, CityWest is also liable for the amount calculated in accordance with Article 15.1.
12.2 - In the case of errors in telephone numbers in directory white and CityWest Business Pages listings, unless central office facilities are unavailable, CityWest must provide reference of call service, free of charge until termination of the customer’s service or distribution or updated directories for that district in which the number or listing is correct.
13. Company-Initiated Changes In Telephone Numbers And Service Arrangements
13.1 - Customers do not have any property rights in telephone numbers assigned to them. CityWest may change such numbers, provided it has reasonable grounds for doing so and has given reasonable advance written notice to the customers in question, stating the reason and anticipated date of change. In cases of emergency, oral notice with subsequent written confirmation is sufficient.
13.2 - Whenever CityWest changes a customer’s telephone number on its own initiative, it must, unless there are insufficient central office terminations available, provide reference of call service without charge until termination of the customer’s service or distribution of updated directories for that district showing the new number whichever occurs first.
14. Refunds In Cases Of Service Problems
14.1 - Where there are omissions, interruptions, delays, errors or defects in transmission, or failures or defects in CityWest facilities, CityWest’s liability is limited to a refund of charges, on request, proportionate to the length of time the problem existed. With regard to long distance service and short period private line service, the refund shall be computed in a similar manner, provided the company is advised promptly of the problem. No request is necessary where a problem in primary exchange service lasts twenty four hours or more from the time the company is advised of the problem. However, where the problem is occasioned by Company negligence, the company is also liable for the amount calculated in accordance with Article 15.1.
15. Limitation of Company Liability
15.1 - Except with regard to physical injuries, death or damage to customer premises or other property occasioned by its negligence, CityWest’s liability for negligence, including negligence with regard to intercept, reference of call service and emergency service from coin telephones, and also for breach of contract where the breach results from the negligence of CityWest is limited to the greater of $20 and three times the amounts refunded or cancelled in accordance with Article 12.1 and 14.1, as applicable.
15.2 - CityWest is not liable for:
(a) any act or omission of a telecommunications carrier whose facilities are used in establishing connections to points which the Company does not directly serve;
(b) defamation or copyright infringement arising from material transmitted or received over CityWest’s facilities;
(c) infringement of patents arising from combining or using customer- provided facilities with CityWest's facilities; or
(d) copyright or trademark infringement, passing off or acts of unfair competition arising directly from directory advertisements or the information contained in such listings were received in good faith in the ordinary course of business.
e) any defacement of, or damage to, your premises as a result of: (i) the attachment of any instruments, apparatus or associated wiring or equipment, furnished by CityWest, on your premises, or (ii) the removal thereof, when such defacement or damage is not wholly caused by CityWest’s negligence; or
f) CityWest’s failure, for any reason, to activate any service on the activation date requested.
16. Payment Time Limit
16.1 - Subject to article 16.2 and 16.3, charges cannot be considered past due until the time prescribed in CityWest’s Late Payment Charge tariff has expired.
16.2 - In exceptional circumstances, for example when a customer has incurred a significant amount of long distance charges and presents an abnormal risk of loss to CityWest, prior to the normal billing date CityWest may request payment from the customer on an interim basis for the non- recurring charges that have accrued, providing the customer with details regarding the services and charges in question. In such cases, subject to Article 16.3, the charges can be considered past due three days after they are incurred or three days after CityWest demands payment, whichever occurs later.
16.3 - No charge disputed by a customer can be considered past due unless CityWest has reasonable grounds for believing that the purpose of the dispute is to evade or delay payment.
16.4 - CityWest may request immediate payment in extreme situations, provided that a notice has been issued pursuant to Article 16.2 and the abnormal risk of loss has substantially increased since that notice was given or CityWest has reasonable grounds for believing that the customer intends to defraud CityWest.
17. Liability for Unbilled and Underbilled Charges
17.1 - Unless there has been customer deception with regard to a charge, customers are not responsible for paying a previously unbilled or underbilled charge except where:
(a) in the case of a recurring charge or a charge for an international long distance message, it is correctly billed within a period of one year from the date it was incurred; or
(b) in the case of a non- recurring charge other than for an international long distance message, it is correctly billed within a period of 150 days from the date it was incurred.
17.2 - In the circumstance described in Article 17.1, unless there has been customer deception, CityWest cannot charge the customer interest on the amount of the correction. If the customer is unable to promptly pay the full amount owing, CityWest must attempt to negotiate a reasonable deferred payment agreement.
18. Liability for Charges That Should Not Have Been Billed And Those That Were Overbilled
18.1 - In the case of recurring charge that should not have been billed or that was overbilled, a customer should inform the Company in order to dispute the charges. Incorrect charges for monthly recurring charges will be credited back up to a limit of one-year from the original billing date. Incorrect charges for non-recurring charges will be credited back up to a limit of 150 days. All refunds for billing errors will include interest. Applicable interest rate will be the rate payable for CityWest security deposits from the period in question.
19. Minimum Contract Period and Cancellation Before Service Commencement
19.1 - The minimum contract period of CityWest services is one month commencing from the date the service is provided, except where otherwise stipulated in CityWest’s tariffs or where CityWest has stipulated a longer period in instances in which special construction is necessary or special assemblies are installed.
19.2 - A customer who cancels or delays a request for service before installation work has started cannot be charged by CityWest. Installation work is considered to have started when the customer has advised CityWest to proceed, and CityWest has incurred any related expense. A customer who cancels or delays a request for service after installation work has started but before service has started, will be charged the lesser of the full charge for the entire minimum contract period plus the installation charge and the estimated costs incurred in installation less estimated net salvage. The estimated installation costs include the cost of unsalvaged equipment and materials specifically provided or used plus the cost of installing, including engineering, supply expense, labour and supervision, and many other disbursements resulting from the installation and removal work.
20. Customer- Initiated Termination Of Service
20.1 - Customers who give CityWest reasonable advance notice may terminate their service after expiry of the minimum contract period, in which case they must pay charges due for service which has been furnished.
20.2 - Before expiry of the minimum contract period, customers may terminate their service in which case they must pay the full charges for the entire minimum contract period or, in the following circumstances, charges due for service which has been furnished:
(a) in the event of the death of the customer during the minimum contract period, the termination is effective from the date CityWest is notified of the death;
(b) where the customer’s premises are destroyed, damaged or condemned by reason of fire or other causes beyond the customer’s control, so that they must be abandoned, the termination is effective from the date CityWest is notified;
(c) in the case of directory listings for which a specific charge applies and in the case of directory listings with regard to joint use of service, in the event of the death of the listed party or any joint user or when either acquires separate telephone service, the termination is effective from the date CityWest is notified of the death or from the date of the commencement of the separate service;
20.3 - Customer- Initiated Termination Of Service
(d) where a change to the base rate, exchange or local service area affects the customer’s service, the termination is effective from the date CityWest is notified of the customer’s desire to terminate service;
(e) where a customer replaces any CityWest service with another Company service, the termination is effective from the date of the replacement, subject to the terms of CityWest’s tariffs and notwithstanding Article 1.3
(f),the terms of the contract for the service in question;
(g) where a customer’s service is taken over without lapse by a new customer at the same location, the termination with respect to the original customer is effective from that date. However, if at that time the new customer discontinues any of the original service or facilities, the original customer must pay the full charge for such discontinued service or facilities for the entire minimum contract period;
(h) where the circumstances specified in Article 20.4 (a) through (f) do not apply, the minimum contract period is greater than the one month at the same location, and customer has given CityWest advance notice, the termination is effective when the customer pays the termination charge specified in the contract for the service in question or, where such charge is not specified, a termination charge of one- half of the charges remaining for the unexpired portion of the minimum contract period; and
(i) in the case of directory listings for which a specific charge applies and in the case of directory listings with regard to joint use of service, where the listing has appeared in a directory and the customer’s service is terminated or the listed party or joint user moves to another location, and the customer has given CityWest advance notice, the termination is effective on the date of that service termination or move, subject to a minimum charge of one month, and as of such time as no reference of call service is provided from the old to the new number.
21.Company- Initiated Suspension Or Termination Of Service
21.1 - CityWest may suspend or terminate a customer’s service only where the customer:
(a) fails to pay an account of the customer that is past due, provided it exceeds fifty dollars or has been past due for more than two months
(b) fails to provide or maintain a reasonable deposit or alternative when required to do so pursuant to the Terms;
(c) fails to comply with the terms of a deferred payment agreement;
(d) repeatedly fails to provide CityWest with reasonable entry and access in conformity with articles 5.1 and 5.2;
(e) uses or permits others to use any of CityWest’s services so as to prevent fair and proportionate use by others;
(f) uses or permits others to use any of CityWest’s services for a purpose or in a manner that is contrary to law or for the purpose of making annoying or offensive calls;
(g) contravenes Articles 7.4 or 7.5; or
(h) fails to provide payment when requested by CityWest pursuant to Article 16.4.
21.2 - CityWest may not suspend or terminate service in the following circumstances:
(a) failure to pay non- tariffed charges;
(b) failure to pay charges for a different class of service at difference premises or for service in the name of another customer, including failure to pay the account of another customer as a guarantor;
(c) where the customer is prepared to enter into and honour a reasonable deferred payment agreement; or
(d) where there is a dispute regarding the basis of the proposed suspension or termination, provided payment is being made for undisputed outstanding amounts and CityWest does not have reasonable ground for believing that the purpose of that dispute is to evade or delay payment.
21.3 - Prior to suspension or termination, CityWest must provide the customer with reasonable advance notice, stating:
(a) the reason for the proposed suspension or termination and the amount owing (if any);
(b) the scheduled suspension or termination date;
(c) that a reasonable deferred payment agreement can be entered into (where the reason for suspension or termination is failure to pay);
(d) the reconnection charge;
(e) the telephone number of a company representative with whom any dispute may be discussed;
(f) that disputes unresolved with this representative may be referred to a senior company manager. Where repeated efforts to contact the customer have failed, CityWest must deliver such advance notice to the billing address.
21.4 - In addition to the notice required by Article 21.3, CityWest must, at least twenty- four hours prior to suspension or termination, advise the customer or another responsible person that suspension or termination is imminent, except where:
(a) repeated efforts to so advise have failed;
(b) immediate action must be taken to protect CityWest from network harm resulting from customer- provided equipment; or
(c) the suspension or termination occurs by virtue of a failure to provide payment when requested by CityWest pursuant to Article 16.4.
21.5 - Except with customer consent or in exceptional circumstances, suspension or termination may occur only on business days between 8 a.m. and 4 p.m., unless the business day precedes a non- business day in which case disconnection may not occur after 12 noon.
21.6 - Suspension or termination does not affect the customer’s obligation to pay any amount owed to the Company.
21.7 - In the case of services that have been suspended, unless suspension occurs during the minimum contract (1 month) period, CityWest must make a daily pro rata allowance based on the monthly charge for such services.
21.8 - CityWest must restore service, without undue delay, where the grounds for suspension or termination no longer exist or a payment or deferred payment agreement has been negotiated.
21.9 - Where it becomes apparent that suspension or termination occurred in error or was otherwise improper, CityWest must restore service during business hours on the next working day, at the latest, unless exceptional circumstances do not permit this, and no reconnection charges shall be levied.