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CLEARNET Service Terms
Amendments to the Service Terms effective July 20, 2011
This is an agreement between you and CLEARNET®. It sets out the terms and conditions (the "Service Terms") that apply to your use of all local exchange services, including local telephone access service, wireless services within the CLEARNET mobility coverage area and associated telecommunications services that CLEARNET provides (the "Services"). The Service Terms, together with CLEARNET's rules and policies applying to the use of the Services, form the agreement between you and CLEARNET for the Services (the "Agreement"). In these Service Terms, (i) "you" and "your" mean the person accepting billing and payment responsibility for the Services; and (ii) "equipment" means all equipment (including wireline and wireless phones, smartphones, SIMs and modems) used in connection with the Services. We will not have a binding agreement until CLEARNET has activated your equipment and you have accepted the Service Terms. "SIM" means subscriber identity module. CLEARNET is a business name of TELUS Communications Company.
CLEARNET reserves the right to amend this Agreement, including rates and additional charges, at any time by giving thirty (30) days' notice. CLEARNET will notify you of amendments to this Agreement by posting notice of the amendment on the CLEARNET web site, or by sending you notice on your monthly bill or email bill notice that the Service Terms have been amended, directing you to where the amendment may be consulted. If you have access to the Internet, it is your responsibility to go to the CLEARNET 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 this Agreement is made; however, in the event you choose not to accept the changes, your sole remedy is to cancel the Services, effective at the end of your current billing period. Your continued use of the Services following any amendment shall be deemed to be your acceptance of the amended Agreement, waiver of any additional notice requirements and agreement to pay for the Services in accordance with the amended terms.
1. Use of the Services
(a) General Rules You may not use the Services or permit any other person to use the Services for any illegal purpose, or to make annoying or offensive calls. You may not directly or indirectly charge any person for the use of the Services, or rearrange, disconnect, remove, repair, or otherwise interfere with any CLEARNET facilities or equipment. You may not use the Services in any way that interferes with the ability of other customers to use the Services provided by CLEARNET fairly and proportionately, and CLEARNET may, at any time, limit the use of any Services in order to prevent such interference. CLEARNET may require you to change or disconnect any of the facilities or equipment at your premises providing access to the Services if they interfere in any way with the Services or the operation of CLEARNET's facilities or equipment.
(b) Wireless Services Acceptable Use: With respect to wireless services, you agree (i) not to abuse any flat rate or unlimited use service plan offered by CLEARNET; (ii) to use the service for customary voice, messaging and wireless mobile Internet usage purposes only that specifically exclude the use of the wireless Services for voice over Internet protocol (except as such service may be offered by CLEARNET), continuous data transmission or broadcasts, automatic data feeds or automated machine to-machine connections, the operation of an email, web, news or other similar service, or any other application that uses excessive network capacity or may otherwise adversely impact other clients or the Services; (iii) to use only compatible equipment on the Services; (iv) not to reproduce, alter, adjust, repair or tamper with any signalling, identification (including but not limited to the MIN, ESN, APN, MEID, IMEI, IMSI, MSISDN, domain name and other numbers or authentication information) or transmission function or component of any equipment or other device used on or in connection with the service, or to permit any person other than an authorized CLEARNET representative to do so.
Airtime and Charges: The airtime used for each voice call is rounded up to the nearest minute, unless your rate plan or feature provides otherwise. The airtime used for each voice call includes (i) for calls you make, the time between your initiation of the call, by pressing the "Send" button, and the disconnection of the call; and (ii) for calls you receive, the time between the moment the call connects to our network, including call set-up and ring time, and the disconnection of the call. Local calling airtime is used for all long distance and roaming calls, and is charged in accordance with your rate plan. Long distance charges apply to all calls received while you are outside your local calling area. You may also incur long distance charges while making a call within a local calling area, as a result of signal propagation in border regions. Data charges are billed per session in increments of one (1) kilobyte (twenty [20] kilobytes for roaming outside Canada and the United States), with a minimum monthly amount of one (1) megabyte, unless your rate plan or feature provides otherwise. Protocol headers and user data are both counted as data usage.
Coverage and Maintenance: The area in which CLEARNET provides wireless services may be enlarged or reduced in scope from time to time in CLEARNET's sole discretion. Equipment and software may have to meet certain CLEARNET standards and be maintained in certain ways in certain locations in order to access the Services or for the proper operation of the Services. Such standards may change from time to time at CLEARNET's sole discretion. Unless otherwise advised by CLEARNET, you are solely responsible for updating and maintaining your equipment and software as necessary to meet CLEARNET standards. You agree that CLEARNET may suspend or restrict the Services temporarily if we reasonably believe it is desirable or necessary to do so to maintain, restore or repair any part of the network(s) or any part of the Services, or for other business reasons. CLEARNET may also update or change the software, features and settings on your equipment, including through "over-the-air" or other means. You agree and shall permit CLEARNET to do the foregoing activities as required and without notice. While such activities are undertaken, the wireless services may not be available.
Roaming: Roaming services are available on compatible equipment where technology permits. When roaming outside of CLEARNET's service area, you are responsible for all applicable charges, and are subject to the terms and conditions of service (including limitations of liability) imposed by the wireless service provider providing the roaming services. CLEARNET and other wireless service providers who provide roaming services may make changes to the roaming services, networks and/or other facilities and may enlarge, reduce or change roaming coverage areas without notice. You may incur roaming charges while still within CLEARNET coverage areas as a result of signal propagation in border areas. You will not be responsible for paying applicable charges for previously unbilled roaming calls if they are not billed within one hundred and fifty (150) days from the date they were incurred. You acknowledge and agree that unwanted content and services may be provided to you without notification while roaming. CLEARNET will only charge you for content and services you use. Emergency services numbers such as 911 and many special numbers such as 411 are country specific. Dialling these numbers while roaming outside of Canada may not result in the desired service. It is your responsibility to look up and use country-specific numbers while roaming outside of Canada. CLEARNET is not liable for not directing these numbers to the appropriate service while you are roaming outside of Canada.
Content: CLEARNET has the right, but not the obligation, to monitor or log any CLEARNET Internet site or use of the wireless services. You consent to any such monitoring and logging that is necessary to satisfy any law, regulation or other government request, or to enhance operating efficiencies, improve service levels, assess client satisfaction, or protect CLEARNET or its clients from unwanted use of certain services or applications. CLEARNET reserves the right to delete, remove or block access to any Internet capability, content, information or third party products or services available or transmitted through the wireless services that CLEARNET, in its sole discretion, believes is unacceptable or in violation of these Service Terms. You grant CLEARNET and CLEARNET's service providers a worldwide, royalty-free, unrestricted licence to use, copy, adapt, transmit, display and perform, distribute, and create compilations and derivative works from any and all user content you elect to create or post in connection with the Services ("user content"), solely as required for CLEARNET to provide the wireless services. You acknowledge that CLEARNET may store your user content on CLEARNET's or CLEARNET's service providers' facilities for the purposes of you accessing such content, or others that you wish to have access such content, but that if such user content is not accessed within a certain period of time (not less than thirty [30] days from the last access unless you are informed otherwise) or if your Services terminate, CLEARNET may delete such user content without notice to you. If you upgrade or replace equipment, user content, including pictures, contacts, music, screensavers, games and ringtones, may not be available to transfer to the other equipment.
(c) Wireline Services
Local Calling Area: CLEARNET will provide you with the ability to make telephone calls from a telephone connected at your premises to the CLEARNET wireline telecommunications network to telephone numbers assigned to the same local calling area on that network. CLEARNET may modify the extent of local calling areas from time to time, without notice and with immediate effect. Additional charges may apply, or local calling rates may increase, if local calling areas are expanded. Long distance calling, tolled service, including service to 900 or 976 exchange telephone numbers and directory assistance are not included in the wireline service, and such use is prohibited.
Installation and Maintenance: CLEARNET will supply, install, maintain and repair all facilities and equipment necessary to provide the Services up to the point of connection with the facilities or equipment owned by you. CLEARNET may refuse Service in areas where there are no copper transmission facilities in place up to the point of connection with the facilities or equipment owned by you. After the Services have been requested, you must provide CLEARNET with a location on your premises to provide access to the Services and allow CLEARNET to enter your property and premises in order to install, maintain and repair CLEARNET's facilities and equipment. You agree to pay any unusual expenses required to extend CLEARNET's network facilities to your premises, including the cost of all trenching and backfilling work, poles, conduits and other facilities CLEARNET requires to extend its network facilities from your property line to the point of access to the Services on your premises, and any expenses incurred to secure rights of way, access and occupancy. CLEARNET may refuse to provide any of the Services where the provision of such Services would necessitate unusual expenses that you do not agree to pay, or is impractical because CLEARNET cannot reasonably acquire the equipment, facilities or rights required to extend its network facilities to your premises. If you cancel a request for Services after installation work has started, you will be charged the costs incurred for the installation, including the cost of equipment, materials and supplies specifically provided or used for the installation, the cost of labour, fees for engineering design and supervision, and any other expenses resulting from the installation and removal work. CLEARNET reserves the right to change its telecommunications network at any time, which may result in changes to rates or to your telephone number. CLEARNET assumes no liability whatsoever for any claims, damages, losses or expenses arising out of the unavailability or modified availability of the Services in any of the circumstances described in this paragraph.
Equipment: You must supply all facilities and equipment necessary to connect your facilities and equipment to CLEARNET's wireline network facilities, including all wiring inside your premises and all telephone terminal equipment. All facilities and equipment you supply must meet the technical standards for certification established by Industry Canada. If electrical power is required to provide the Services, you must supply the power at no charge to CLEARNET. If battery backup is required to ensure continuous access to the Services, you are responsible for verifying the power level of the backup battery and replacing it immediately if the remaining charge falls below the recommended minimum level. All CLEARNET equipment will remain the property of CLEARNET and must be returned to CLEARNET upon termination of this Agreement for any reason. CLEARNET is not responsible for the maintenance or repair of facilities or equipment owned by you. You agree to provide CLEARNET's agents and employees with access to the property and premises where the Services are provided in order to inspect the facilities and equipment used to provide the Services and to perform maintenance work. CLEARNET will provide reasonable notice of any such inspection or maintenance work on your premises, except in cases of emergency.
2. Telephone Numbers
Subject to any rights you may have under applicable laws and regulations, including any right to port a number to another carrier, you do not own or have any property rights in any phone number, group call or private call number, IP address, NEI, domain name, email ID or other addresses assigned by CLEARNET to you in connection with the Services. CLEARNET may, on at least thirty (30) days' notice, change any such numbers for any reason without liability.
3. Charges, Payment and Billing
The Services are provided to you subject to payment of all applicable service rates and any additional charges identified to you at the time you applied for the Services or otherwise in accordance with these Service Terms, including installation and activation fees, together with all applicable taxes and other government charges. Regularly recurring charges are billed in advance and charges incurred on a per-use basis are billed in arrears. If your bill is lost or if you do not receive a bill, you are still responsible for making the required payment to CLEARNET. All charges and credits to your account shall be deemed validly incurred unless you dispute the charge or credit within thirty (30) days after receiving the bill that includes the charge or credit. Provided there is no deception in order to avoid payment, you are not responsible for paying an unbilled or under-billed portion of a charge unless CLEARNET correctly bills the charge within one year from the date it was incurred. Your service use, access fees and other charges will continue until the Services are terminated. If you change your residence from one province to another, a different CLEARNET rate plan may apply to the Services. If your wireless equipment is lost or stolen, you must pay all monthly and other charges for the use of the Services up to the time that CLEARNET is properly notified.
CLEARNET may provide you with a monthly bill in electronic format made available to you over the Internet, setting forth the charges incurred for use of the Services. Your monthly bill will be sent in paper form if you do not have access to the Internet or if electronic billing is not made available by CLEARNET. If CLEARNET makes your bill available over the Internet, it is your responsibility to create an online account management profile, to subscribe to electronic bill notification, and to check your online account every month for your bills. All bills are due upon receipt. Bills made available through the Internet are received when they are posted. Charges not paid before the end of the grace period shown on your bill are assessed a late payment charge of 2% per month (26.82% per year), calculated from the billing date for those charges, which you must pay in addition to all other amounts owing to CLEARNET. Administrative and collection charges may apply, in accordance with CLEARNET rules and policies, if your account goes into arrears, including as a result of returned or rejected payments or your failure to inform CLEARNET of any change to your account information for pre-authorized payments. If you subscribe to a pre-authorized payment method, you waive pre-notification of the amounts and dates of debits from your account. CLEARNET may require you to make interim payments for non-recurring charges you have incurred in the period between two monthly bills, for such Services as are identified to you with the demand for payment. The grace period for the payment of charges so identified expires three days after you receive the demand for payment.
4. Deposit Requirements
CLEARNET may require a security deposit from you (i) before the Services are provided, if you do not have a satisfactory credit history with CLEARNET or do not provide other proof of creditworthiness satisfactory to CLEARNET; or (ii) at any time this Agreement applies, if you have an unsatisfactory credit rating with CLEARNET as a result of your payment practices; or (iii) if you clearly present an abnormal risk of loss. CLEARNET may apply any portion of the security deposit against unpaid charges on your account at any time. If the security deposit is applied in whole or in part to pay an overdue account, you must replenish the security deposit within ten (10) business days of the date appearing on the notice informing you of the payment. Upon termination of this Agreement or where the conditions justifying the security deposit no longer apply, CLEARNET will refund any outstanding security deposit, retaining only the amount then owing on your account.
5. No Warranties
The Services are provided on an "as is" and "as available" basis. Your use of the Services is at your sole risk. CLEARNET does not guarantee timely, secure, error-free or uninterrupted service or receipt of material or messages transmitted over or through CLEARNET's networks or the networks of other companies or in respect of the Internet. To the fullest extent permitted by applicable law, CLEARNET disclaims all warranties, representations, guarantees and conditions (express, implied or statutory) relating to the Services, including any warranty of fitness for any particular use or purpose you intend for the Services, even if you have communicated such intention to CLEARNET. CLEARNET networks are able to support a wide range of equipment. However, not all equipment will work on all CLEARNET networks. Please refer to the warranty statement provided with your equipment. Any unauthorized activity including unlocking or tampering with your equipment and/or adding unauthorized third party software or applications ("unauthorized activity") will void warranties and may change your experience of the Services. Your sole remedy for any defect or malfunction of terminal equipment provided by CLEARNET for use with the Services is set forth in the Manufacturer's Warranty.
6. Limitation of Liability
To the fullest extent permitted by law, neither CLEARNET nor its affiliates, nor their respective directors, officers, employees, or agents (collectively, the "CLEARNET Entities") shall be liable to you or any other person for any damages (direct, indirect, consequential or other, including physical injury, death or damage to your property or premises), expenses, loss of profits, loss of earnings, loss of business opportunities, loss of data, or other similar loss arising out of or in connection with the provision, use or failure of the Services or any equipment used with the Services, whether caused by negligence or otherwise, and whether claimed in contract, tort or otherwise, even if one or more of the CLEARNET Entities have been advised of, or could reasonably have foreseen, the possibility of such damages or losses. Notwithstanding the foregoing, the liability of CLEARNET for damages caused by negligence on the part of CLEARNET in the provision of mandatory emergency services, except in cases where such negligence results in physical injury, death or damage to your property or premises, or where such damages are caused by the deliberate fault, gross negligence or anti-competitive behaviour of CLEARNET, is limited to $20. CLEARNET shall not be responsible for (i) libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over CLEARNET's network or recorded on the equipment of CLEARNET; (ii) damages arising out of your act, default, neglect or omission in the use or operation of equipment activated on the CLEARNET network; (iii) damages arising out of the transmission of material or messages over the CLEARNET network on your behalf, which is in any way unlawful; or (iv) any act, omission or negligence of other companies or telecommunications systems in relation to the provision of the Services to you, when the facilities of such other companies or telecommunications systems are used in establishing connections to or from facilities and equipment controlled by you, except in cases of deliberate fault, gross negligence or anti-competitive behaviour by CLEARNET in the provision of mandatory emergency service to you. If for any reason a CLEARNET Entity becomes liable to you or a third party arising out of or in any way connected with the Services, regardless of the form or cause of action or the number of claims asserted, the aggregate liability of the CLEARNET Entities to you or such third party is limited to the greater of $20 and the fees paid by you to CLEARNET for the particular Services giving rise to the claim, in the three months immediately preceding the last occurrence of the damages or losses.
Without limiting the generality of the foregoing, CLEARNET is not liable for (i) the consequences of natural catastrophes such as earthquakes, flooding, severe wind, ice or fire storms, landslides, lightning strikes or tidal waves; (ii) the actions of third parties which CLEARNET cannot reasonably foresee or control, such as war, terrorism, civil insurrection, government decree, failure of the public power grid, labour disturbance by CLEARNET's own employees or by the employees of another enterprise, or the unlawful acts of suppliers; (iii) any act or omission of a telecommunications carrier whose network facilities are used in establishing connections to points which CLEARNET does not directly serve; (iv) defamation or copyright infringement arising from material transmitted or received over CLEARNET's network facilities; or (v) infringement of patents arising from combining or using your facilities or equipment with CLEARNET's network facilities.
7. Indemnity
You are responsible for any damages to CLEARNET's facilities or equipment located on your property and premises howsoever caused, including by your use of the property or premises, or by the actions of any person whether authorized or not to be on the property or premises. You will indemnify the CLEARNET Entities, as defined in Section 6 of this Agreement, from all losses, expenses and all manner of actions, claims and judgments sustained by or made against the CLEARNET Entities in connection with use or misuse of the Services or any equipment used with the Services, or violation of these Service Terms by any person.
8. Your Account, Equipment and Online Services
You are responsible for maintaining the confidentiality of your CLEARNET account (including all login names and passwords), and you are similarly responsible for all uses of your CLEARNET account whether or not such uses are actually authorized by you. You shall protect your equipment against loss, unauthorized use, theft or damage. If your equipment is no longer in your possession due to loss or theft, or if you suspect unauthorized use, you must contact CLEARNET so that steps may be taken to prevent or cease unauthorized use of your equipment. CLEARNET may, in its sole discretion, alter, limit or delete any part of the online services at any time. Although CLEARNET may change the timing from time to time without notice, CLEARNET currently intends to delete (i) items that are in your "Deleted Items" folder for more than seven (7) days; (ii) items that are in your "Sent Items" folder for more than thirty (30) days; and (iii) accounts to which you have not logged in to for ninety (90) consecutive days. CLEARNET is not responsible for any act or omission of any third party service, application or content providers.
9. Privacy
Subject to the confidentiality provisions of this Agreement, you agree that CLEARNET may continue to collect, use and disclose personal information about you for the purposes identified in the CLEARNET Privacy Commitment (as it may be amended from time to time), which can be viewed at CLEARNET.com. Those purposes are (i) to establish and maintain a responsible commercial relationship with you and to provide ongoing service and roaming service; (ii) to understand your needs and preferences; (iii) to develop, enhance, market or provide products and services; (iv) to manage and develop our business and operation; and (v) to meet legal and regulatory requirements. You also agree that, for the purposes identified above, CLEARNET may share your personal information on a confidential basis with third party service providers. You acknowledge that if any such service provider is located in the U.S. or other foreign country, your personal information may be processed and stored in that country and may be accessed by the governments, courts, and law enforcement or regulatory agencies of that country under its laws. For the avoidance of doubt, during roaming outside Canada, the storage, treatment and transfer of your personal information and data may be subject to regulations different from the regulations in Canada. You agree to provide us with your current email address (and to inform us if that email address changes) to enable us to provide you with tools and services to manage your CLEARNET account and to ensure that we can communicate with you about account-related items on a timely basis. More information about CLEARNET's privacy practices is available at the above web site. If you have any questions or concerns about these privacy practices, you may call 1-877-794-2121 or send an email to privacy@CLEARNET.com.
10. Confidentiality of Your Information
Unless you provide express consent or disclosure is pursuant to a legal power, all information kept by CLEARNET in your regard, other than your name and address, is confidential and may not be disclosed by CLEARNET to anyone other than you; a person who, in the reasonable judgement of CLEARNET, is seeking the information as your agent; another telephone company, provided the information is required for the efficient and cost-effective provision of telephone services, and disclosure is made on a confidential basis, with the information to be used only for that purpose; a directory or listing service company, for the purpose of listing your name, address and phone number, if you consent and if that company agrees to use the information only for that purpose; an agent retained by CLEARNET to evaluate your creditworthiness or in the collection of your account, provided the information is required for and is to be used for that purpose; a public authority or agent of a public authority, if, in the reasonable judgement of CLEARNET, it appears that there is imminent danger to life or property that could be avoided or minimized by disclosure of the information; a public authority or agent of a public authority, for emergency public alerting purposes, if a public authority has determined that there is an imminent or unfolding danger that threatens the life, health or security of an individual and that the danger could be avoided or minimized by disclosure of information; an affiliate involved in supplying the Customer with telecommunications and/or broadcasting 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 a law enforcement agency if CLEARNET reasonably believes that you or anyone using your equipment is engaged in fraudulent or unlawful activities against CLEARNET. Express consent may be taken to be given by you where you provide written consent; oral confirmation verified by an independent third party; electronic confirmation through the use of a toll-free number; electronic confirmation via the Internet; oral consent, where an audio recording of the consent is retained by CLEARNET; or consent through other methods, as long as an objective documented record of your consent is created by you or by an independent third party. Despite the restrictions contained in this Agreement, CLEARNET may disclose confidential customer information if CLEARNET is ordered to disclose the information by a court or administrative tribunal of competent jurisdiction, or is otherwise legally empowered to disclose the information. CLEARNET may also release to a law enforcement agency the identity of the service provider, but not the name of the customer associated with a specific telephone number. CLEARNET's liability for unauthorized disclosure of confidential customer information is not limited by the Agreement. You may request that CLEARNET provide any information in CLEARNET's possession regarding the Services, and CLEARNET will provide the information requested if you have given CLEARNET sufficient advance notice and details of the information sought to allow CLEARNET to comply with the request and, in a case where CLEARNET would incur unusual expense to provide the information, you agree to reimburse CLEARNET for those costs.
11. Termination and Suspension of Service
Upon the expiry of the term of this Agreement, CLEARNET will continue to provide you the Services on a month-to-month basis on the terms and conditions then applicable, unless you notify CLEARNET at least thirty (30) days in advance of your intention to terminate your Services or enter into a new service agreement. Unless otherwise agreed, you may terminate this Agreement at any time by notifying CLEARNET at least thirty (30) days in advance. If you terminate this Agreement or if CLEARNET terminates or suspends the Services for any of the reasons listed below, you may be required to pay a reconnection fee to have the Services reconnected. CLEARNET may suspend the Services if you contravene any provision of these Service Terms, including your obligation to pay for the Services as charges become due. CLEARNET may terminate the Services and this Agreement if (i) you do not remedy any breach of these Service Terms or any other agreement between you and CLEARNET, a CLEARNET dealer or any assignee within fifteen (15) days of receiving written notice of the breach from CLEARNET; (ii) you become a bankrupt or, if you are a business customer, a receiver or receiver-manager is appointed to manage the affairs of your business; (iii) CLEARNET, in its sole discretion, considers you an unacceptable credit risk and you fail to provide a security deposit acceptable to CLEARNET; (iv) you are in default under; or (v) for any reason, upon thirty (30) days' written notice to you. Upon termination of the Services, CLEARNET shall have no obligation to maintain any voicemail messages, contact information or other content related to your use of the Services and you agree that all such messages, information and content may be deleted immediately without notice to you. You agree to destroy any SIM card used with the Services upon termination of this Agreement.
12. Mediation and Arbitration
Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, except for the collection from you of any amount by CLEARNET) arising out of or relating to (i) this Agreement; (ii) equipment or the Services; (iii) oral or written statements, or advertisements or promotions relating to this Agreement or to a product or service; or (iv) the relationships that result from this Agreement (including relationships with third parties who are not parties to this Agreement, each, a "Claim") will be referred to and determined by private and confidential mediation before a single mediator chosen by the parties and at their joint cost. Should the parties after mediation in good faith fail to reach a settlement, the issue between them shall then be determined by private, confidential and binding arbitration by the same person originally chosen as mediator. Either party may commence court proceedings to enforce the arbitration result when an arbitration decision shall have been rendered and thirty (30) days have passed from the date of such decision. By so agreeing, you waive any right you may have to commence or participate in any class action against CLEARNET related to any Claim and, where applicable, you hereby agree to opt out of any class proceeding against CLEARNET otherwise commenced. If you have a Claim, you should give notice to mediate and arbitrate to CLEARNET, 3777 Kingsway, Floor 21, Burnaby, British Columbia, V5H 3Z7, Attention: General Counsel. If we have a Claim, we will give you notice to mediate/arbitrate at your last known address of record. Mediation and arbitration of Claims will be conducted in such forum and pursuant to such rules as you and CLEARNET agree upon, or failing agreement, will be conducted by one mediator-arbitrator pursuant to the laws and rules relating to commercial arbitration in the province in which you reside that are in effect on the date of the notice to mediate and arbitrate. Some jurisdictions may not allow the use of compulsory mediation or arbitration or the waiver of rights to participate in a class action. If applicable law renders clauses requiring mandatory mediation or arbitration or the exclusion of the right to participate in a class action void, the provisions of this section shall be subject to severance in accordance with Section 13 of this Agreement.
13. General
The federal laws and regulations of Canada, and applicable provincial laws and regulations, govern this Agreement. You may not assign or transfer this Agreement without CLEARNET's prior written consent. If you are a business, corporation or other person responsible on any multi-unit CLEARNET account, then you and the individual user of the Services shall be jointly responsible for all obligations in these Service Terms, individually and together. If any provision of these Service Terms is prohibited or unenforceable in certain circumstances, the remaining Service Terms shall apply and be construed in those circumstances as if such provision had never been written. The failure of CLEARNET to require or enforce strict performance of any provision of these Service Terms in a particular instance shall not be construed, in other circumstances, as a waiver of any right conferred upon CLEARNET.
