What are the Terms and Conditions of Service?

These terms and conditions of service (“Service Terms”) govern your use of any Services, as defined below.

Throughout this document:

• “Agreement” has the meaning set out in Section 2;
• “Affiliate” has the meaning set out in the BCBCA, and also includes any partnership or other unincorporated association in which a PhoneBox or any of its affiliated bodies corporate (as so defined in the BCBCA) that has a controlling interest or by which it is controlled;
• “BCBCA” means British Columbia's Business Corporations Act, SBC 2002, c 57;
• “CCTS” has the meaning in Section 41;
• “CRTC” has the meaning in Section 41;
• “Cancellation Charges” are defined in Section 37;
• “Customer Accessed Content” has the meaning in Section 23;
• “Customer Provided Content” has the meaning in Section 24;
• “Device” means any mobile wireless enabled device that is used in conjunction with Services;
• “E911” means enhanced 9-1-1 service which may provide emergency services personnel with your location information and phone number;
• “Equipment” means any device, equipment or hardware used to access the Services or used in conjunction with the Services;
• “Fees” has the meaning in Section 7;
• “Fixed Term” means a minimum contract period for a particular Service;
• “I”, “me”,“you”, “your” and“yours” refer to you but also to persons that you authorize to use the Service or act as your agent with regard to the Service;
• “Identifiers” means e-mail addresses, phone numbers, account numbers, personal identification numbers (“PINs”), Internet Protocol addresses, personal web page addresses, access codes and any other identifier assigned to you by PhoneBox;
• “Mobile Services” refers to PhoneBox's mobile wireless voice, data and text Services;
• “PhoneBox” means Connex Global Communications Inc. o/a PhoneBox and its Affiliates;
• “PhoneBox Parties” means PhoneBox, its partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives);
• “Late Payment Charges” has the meaning in Section 9;
• “My Account Portal” is a customer portal on the Website that allows you to access features and information relating to your Services and your account with PhoneBox;
• “NSF” has the meaning in Section 9;
• “Policies” are defined in Section 11 of the Service Terms;
• “Residents of Québec” means residents of Québec who enter into an Agreement to which the Consumer Protection Act (Québec) applies;
• “Service Agreement” means an agreement setting out the terms for specific Services. Service Agreements are available on the Website at the following URL: https://gophonebox.com/terms-of-service) or otherwise made available to you on request or when you with to order Services;
• “Services” mean any services (inclusive of all Equipment and Software, as defined herein) that you subscribe to or receive through PhoneBox, including but not limited to wireline Internet and mobile wireless voice, data and SMS/text;
• “Service Terms” means these PhoneBox Terms and Conditions of Service;
• “Software” means any software used to access the Services or used in conjunction with the Services;
• “Term” has the meaning in Section 4;
• “Software Documents” has the meaning in Section 21;
• “us”, “we”,“our” or “ourselves”means PhoneBox;
• “Website” means all content on the https://gophonebox.com/terms-of-service domain; and
• “Wi-Fi Calling” is a functionality that is available with certain mobile wireless services offered by PhoneBox that allows you to make and receive voice calls and text messages on your mobile device over a Wi-Fi connection.

What is included as part of my Agreement for Services with PhoneBox?

The “Agreement” includes the Service Terms, Service Agreements for Services to which you subscribe, the Critical Information Summary, any PhoneBox document describing features, products or services and any other document incorporated by reference together with these Service Terms. In the event of an inconsistency between the constituent documents of the Agreement, the inconsistency will be resolved by giving preference first to any Service Agreement(s), then to the Service Terms, then to any other PhoneBox documentation describing features, products or services, and lastly to any other documents incorporated by reference.

How do I accept the Agreement?

How long does the Agreement last?

The “Term” of your Agreement with PhoneBox begins when you accept the Agreement and will continue until the Agreement is terminated. PhoneBox provides Services to you on an ongoing month-to-month basis unless a Fixed Term is set by a Service Agreement. If a Fixed Term expires, Services will continue to be provided to you on a month-to-month basis, unless you cancel the applicable Service in accordance with Section 33.

Can PhoneBox change the Agreement?

Unless otherwise specified in the Agreement, PhoneBox can unilaterally change: (a) any aspect of a Service Agreement for month-to-month Services; and (b) any aspect of a Service Agreement for Fixed Term Services with the exception of price, Term, the nature of the Services or any other key, material or essential element of the Service Agreement. Before we make any changes to the Agreement, we will give you at least thirty (30) days' written notice by email, letter, bill insert or by posting the notice on our Website. This notice will clearly identify the new or amended term or provision, the former term as it read before (if applicable), the date the amendment will come into force and your rights. If you continue to use the Service after thirty (30) days from the effective date indicated in the notice, the new service term will become effective.

If the change increases your obligations or reduces PhoneBox's obligations, you may refuse the change and cancel the contract without cost, penalty or cancellation indemnity by sending PhoneBox a notice of cancellation no later than 30 days after the change comes into force.

What if I do not agree with a change that PhoneBox makes to the Agreement?

If you do not agree with a change made by PhoneBox, you may cancel the affected Services in accordance with Section 33. There are no Cancellation Charges if you decide to cancel because of a change that we make to the Agreement.

How does PhoneBox bill me for the Services?

PhoneBox will invoice you monthly for recurring and one-time charges (collectively, “Fees”). All Fees and applicable taxes are invoiced on every 15th day of each month in your billing cycle. In advance of the invoice date, you can log-on to the My Account Portal on the Website and access a statement of the Fees that will be due for the following month. Newly added Services or changes to your Services may result in pro-rated charges for a partial monthly billing cycle. Service Agreements may also modify the billing terms for certain Services.

When must I pay my bill and how can I pay it?

You must pay your bill by the 25th day of each month. You can pay your bill online through your bank account, PayPal, WeChat Pay, Alipay, electronic funds transfer, by cheque (through the mail), with VISA, MasterCard or American Express or you can arrange for a preauthorized automatic payment via the My Account Portal. You confirm that you are an authorized user of the credit card or bank account and that it is valid and has not expired. If you are using a method of payment that is subject to processing delays, you must ensure that PhoneBox receives payments when due. You must promptly advise PhoneBox if your credit card or bank account information changes by contacting us at the coordinates set out in Section 47 of these Service Terms.

What charges apply to late payments, rejected payments and other account processing actions?

If PhoneBox does not receive payment when due, you will be subject to a late payment charge of 2.5% per month (accruing on a daily basis and calculated and compounded monthly on the outstanding amount - for a rate of 34.49% per year) or the maximum rate allowable by law, whichever is lower (“Late Payment Charges”) from the date of the first bill on which it appears until the date we receive that amount in full. You agree that we can charge any unpaid and outstanding amount, including any Late Payment Charges and taxes, on your account to your credit card, bank account or any other payment method pre-authorized by you for payment of Fees.

Not applicable to Residents of Québec: Administrative charges in the amount of $35.00 may be levied for administration or account processing activities in connection with your account, including as a result of:

• a change of any Identifier.
• collection efforts due to non-payment or having a balance over your credit limit, including unbilled usage and pending charges, fees and adjustments;
• returned or rejected payments due to non-sufficient funds (“NSF”) or any other reason; and/or
• the restoral of Service

Applicable only to Residents of Québec:Administrative charges in the amount of $35.00 may be levied for administration or account processing activities in connection with your account, including as a result of a change of any Identifier. We will not levy administrative charges due to NSF.

What if I dispute Fees on my invoice?

If you have any questions, disputes or discrepancies to report regarding Fees, you must do so within thirty (30) days of the invoice date. Failure to notify us within this time period will constitute your acceptance of such Fees. We will investigate disputes and if, in our sole discretion, we determine that a portion of the Fees was incorrectly charged, then we will reverse the disputed portion of the Fees. You must pay the undisputed portion of the Fees in accordance with Section 8.

Does PhoneBox have any policies that apply to the Services?

Yes. From time to time, PhoneBox may establish policies, rules and limits (collectively “Policies”) concerning the use of the Services, Equipment and any products, content, applications or services used in conjunction with the Services or Equipment. The Policies are incorporated into these Service Terms by reference, and will be available on the Website. We will follow the process for amendments to the Agreement, under Section 5 of these Service Terms, when introducing new Policies or making changes to existing Policies.

Are there any limits to my use of the Services?

Yes. You agree to comply with and use the Services for your own personal, family or household use, in accordance with the Agreement and all applicable laws. You also agree not to:

• Resell the Services, receive any charge or benefit for the use of the Services; or
• Transfer your Services without our express consent.

You must also follow any Policies setting out acceptable use guidelines for the Services and Equipment.

How can I be sure that PhoneBox has accurate contact information for my account?

You are responsible for keeping the contact and payment information you provide to PhoneBox (including name, mailing address, email address, address where the Services will be provided to you), phone number, and any authorized users) up to date. If this Agreement is cancelled, you will provide PhoneBox with forwarding information for final invoices or correspondence if your new contact information is different from the information we have on file.

What am I responsible for if my PhoneBox account is compromised?

You must notify PhoneBox immediately using the contact coordinates provided in Section 47 should you suspect unauthorized use of the Services or if Equipment is lost or stolen. You are responsible for payment of all Fees and taxes charged to your account, whether authorized by you or not, which is why it is so important to protect your account and keep account information (including authorized users) up-to-date.

Are there any warranties on the Services?

To the maximum extent permitted by law, PhoneBox Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties.

You bear the entire risk as to the use, access, transmission, availability, reliability, timeliness, quality, security and performance of the Services.

PhoneBox Parties do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties.

All representations, warranties and conditions of any kind, express or implied, are excluded to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, no advice or information, whether oral or written, obtained by you from the PhoneBox Parties creates any term, condition, representation or warranty not expressly stated in the Agreement.

To the maximum extent permitted by law, PhoneBox Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services (except as such warranties relate to Equipment, in accordance with statutory warranties) or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties.

You bear the entire risk as to the use, access, transmission, availability, reliability, timeliness, quality, security and performance of the Services.

PhoneBox Parties do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties.

Does this mean that there may be circumstances when the Services are not available?

Unfortunately, yes. Performance and availability of the Service depend on several factors, including access to third-party providers and suppliers that PhoneBox does not fully control.

Are there any limitations with respect to use of Equipment?

Yes. Except for Equipment that you have fully paid for, all Equipment installed or provided by us remains our property and you agree that:

• You will take reasonable care of the Equipment;
• You may not sell, lease, mortgage, transfer, access, assign or encumber the Equipment;
• You may not relocate the Equipment without our knowledge and permission;
• If Equipment is lost, stolen, damaged, sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree to pay us the undiscounted retail value of Equipment, together with any costs incurred by us in seeking possession of such Equipment; and
• Upon termination of your Services, you will return Equipment, accessories (e.g., cables) and ancillary equipment (e.g, adapters) by mail, with adequate protective packaging (e.g., bubble wrap), to the address listed in Section 49 of the Service Terms.

What happens if there are problems with Equipment?

1. Equipment Warranty

   For Equipment that you purchased from us, PhoneBox will repair defects or replace defective Equipment at no cost within a one-year period after purchase for new equipment and within a three month period after purchase for used and refurbished equipment. For Equipment that you rent from us, PhoneBox will repair or replace defective Equipment at no cost while the Equipment is rented. The warranty on PhoneBox Equipment may not be transferred.

   PhoneBox shall inspect all Equipment submitted for repair or replacement (whether purchased or rented) and shall determine, in its sole discretion, whether the Equipment is defective. In order to qualify for no cost repair or replacement of defective Equipment, you must provide the following to PhoneBox by mail at the address identified in Section 47:

   • The original receipt if Equipment was purchased;
   • The Equipment in its original packaging including all protective packaging (e.g. bubble wrap) and materials provided by the manufacturer; and
   • All accessories and ancillary equipment provided by the manufacturer (e.g. power adapter, remote controls and wires).</