CTExcel® Customer Service Agreement

Price Guarantee: During the service period, CTExcel will not change your monthly rate plan charge or the services included in your rate plan without your consent. Please refer to the Service Terms for full details.

CTExcel Service Offered by China Telecom and Powered by TELUS: CTExcel® is a trade-mark of China Telecom Corporation, and is used by TELUS Communications Inc. in Canada under license granted by China Telecom (Canada) Corporation (“China Telecom”). China Telecom is the authorized agent of TELUS for marketing TELUS mobile services in Canada under the CTExcel brand. As used in this order and the Service Terms, "CTExcel" refers to the mobile services of TELUS marketed by China Telecom. China Telecom is your contact for all service-related issues. Your service period will start when the service is activated.

Binding Agreement: This Service Order together with the CTExcel Service Terms, including the CTExcel Privacy Policy, constitute the full and binding legal agreement between you and China Telecom for CTExcel service.

Where are the Service Terms available?
The Service Terms and Privacy Policy are available online and in store. They may be consulted online at ctexcel.ca/service terms and at ctexcel.ca/privacy. To receive paper copies, contact us at 1-877-331-9871 (a free call). Please initial below to confirm that the online version is acceptable to you. If you want to consult them in- store, your sales associate can print them out for you.

Included Services in Your Monthly Rate Plan Chargein Your Monthly Rate Plan Charge

  • My Rate Plan Services
  • Unlimited Calling
  • Nationwide Family Calling
  • Conference Calling
  • Call Forwarding
  • Call Waiting Call Display Voice Mail 10
  • Unlimited Text
  • Enhanced 911 Emergency Service Access

Services available on a Pay per Use basis are not included in your monthly rate plan. Current rates at the time of use will apply. For more information on Pay per Use services and for current rates see ctexcel.ca/plans.

Optional Terms
Optional services (also called add-ons) are billed to post-paid customer monthly, one month in arrears. Taxes are extra. You may cancel an optional service at any time by calling CTExcel Customer Care or logging onto ctexcel.ca/selfservice For recurring add-ons, service will continue month to month until you cancel. Some optional services require the acceptance of additional terms of service. You will be asked to accept these terms of service before using the service for the first time. Rates and full service descriptions for available add-ons can be consulted at ctexcel.ca/plans. One time service fees may be charged at the current rate at the time of use. The list of one time services available and current rates are posted at ctexcel.ca/fees.

Essential Terms

  • RTC Wireless Code

    The CRTC has created a Wireless Code that applies to your service which you can consult at crtc.gc.ca/wirelesscode. To make a complaint under the Wireless Code, you can reach the Commissioner for Complaints for Telecommunications Services at 1-888-221-1687.

  • CCTS

    Do you have a complaint regarding your telecommunications service that we haven’t been able to resolve? The Commissioner for Complaints for Telecommunications Services (CCTS) may be able to assist you: www.ccts-cprst.ca or 1-888-221-1687.

  • Coverage Maps

    Coverage maps for CTExcel wireless services are available at ctexcel.ca/coverage. You are eligible for service only while living in CTExcel's HSPA/LTE coverage areas. Coverage can be affected by a variety of factors, including buildings and other obstructions that limit how far a signal can carry.

  • Contacting CTExcel

    You can reach us at any time, toll-free at 1-877-331-9871. To manage your account online, visit ctexcel.ca/selfserve.

  • Devices

    CT Excel does not sell devices.

Cancellation / Expiry
You may cancel service anytime by contacting us toll-free at 1-877-331-9871 with the date you want the cancellation to be effective. All other charges owing to CTExcel for use of the service will remain due upon the cancellation of this Agreement.

Expiry/Auto Renew: At the end of your service period, if you are a postpaid customer your service will automatically continue on a month to month basis. If you are a prepaid customer, your service will continue on a month to month basis only if you selected auto renew or if you pay for the next month’s service prior to the end of the current service period, otherwise it will terminate. Current terms and conditions will apply. Any optional features that are not part of your rate plan will be billed at the current rate and appear on your next monthly bill. Promotional features will not be renewed. If your rate plan is no longer available, CTExcel will use the nearest current rate plan to continue service.

Service Terms

GENERAL

What are the CTExcel Service Terms?
These Service Terms describe your wireless voice and data services and cover the use of your device and account, billing and warranty information, your privacy rights and service cancellation. As part of our commitment to putting customers first, we want to make sure that we are clear and transparent in helping you fully understand what CTExcel provides. Upon your order for and use of CTExcel services, these Service Terms become a binding agreement (the “Agreement”).

How are terms defined?

As you read through these Service Terms, please note that:

  • “I”, “me”, “your” and “you” refers to CTExcel customer who is responsible for the account;
  • “We”, “us” and “our” refers to CTExcel, which in turn refers to China Telecom (Canada) Corporation offering mobile services in Canada powered by TELUS Communications Company;
  • “Device” means any type of wireless telecommunications device that you use to access CTExcel service including mobile phones, tablets, Internet keys and more.
  • “Month” means the calendar month; and
  • “Service” means the wireless voice and data services that CTExcel provides within the CTExcel mobility coverage area, and includes wi-fi Internet access service where available through CTExcel’s wireless network access points.

Can the Service Terms change?

Yes, CTExcel has the right to change any of the terms of service, including rates, without notice. Changes become effective 30 days after being posted at ctexcel.ca/plans. By purchasing service after a change is posted, including by continuing to top up your account, you accept the Service Terms as they may be modified.

Do these Service Terms apply to enterprise customers?

If you are an enterprise customer, you must enter into a separate agreement (“Enterprise Agreement”) with CTExcel. The Enterprise Agreement incorporates all of the terms and conditions of this Agreement, as they may be amended from time to time, while also including other terms and conditions that are appropriate for enterprise customers.

Is privacy protection included?

The Service Terms incorporate the CTExcel Privacy Policy, discussed below, which describes how CTExcel may gather, use and disclose your personal information.

TERMS AND CONDITIONS

How is service activated?

To obtain and purchase Services, you must obtain a SIM Card from CTExcel and activate the SIM Card by selecting and purchasing a data Service Plan on the CTExcel website at www.ctexcel.ca. Once Services are purchased, CTExcel will provide you with a new cell phone number.

How are voice and data usage calculated?

Voice calls - Charges for voice calls are based on the airtime used when you make and receive calls on your mobile phone. Voice airtime is calculated, for both incoming and outgoing calls, from the time the call is initiated to the time it is disconnected, including the time used to route the call through the network and any ring time. Any fraction of a minute of mobile airtime usage during a Service Period will be rounded up to the next full minute. You may be charged for more than one call/message when you use certain features resulting in multiple inbound or outbound calls/messages (such as, call waiting, voicemail, conference calling, and multi-party messaging). Airtime usage applies to all calls processed through your SIM Card, including toll-free, operator-assisted, voice mail, and calling card calls. Certain features and services such as operator or directory assistance, data calls or transfers, messaging, internet access and applications may cost extra. Long distance charges are incurred when you make voice calls from one local calling area to another and also for all calls you receive when outside your local calling area. Long distance calls use local airtime minutes, which are charged at the rate specified for the voice service active on your account. If your device’s radio signal is picked up by a cellular tower outside of your local calling area, the call may be treated as long distance.

Data - All data usage is rounded up each session to the nearest kilobyte. Depending upon your Service Plan, data usage may be rounded up at the end of each data session, at the end of your Service Period, and/or at the time you switch data plans. See www.ctexcel.ca for your Service Plan details. Text, instant or picture messages and email whether read or unread, sent or received, solicited or unsolicited will count against your data plan. Our Host Carrier uses filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages, and we are not liable for such messages.

You will be billed airtime rates for all calls active when using 3-way calling and call waiting and any other digital features that require any form of wireless transmittal. For outbound calls, you

may be charged airtime for incomplete, busy, and/or no answer calls. With incoming calls, you will be charged airtime upon pressing any key on the mobile phone that answers the call. No credit is given for dropped calls. All calls placed to 911 Emergency are free. Customer cannot place calls to 500, 700, 900, or 976 numbers; or place operator-assisted calls such as third party billed and collect calls. Customer cannot place calls to local or long distance numbers identified as party lines. Customer’s account will be debited additional charges for all features not included.

What taxes and surcharges apply?

Service Charges are inclusive and cover usage fees as well as applicable taxes and regulatory surcharges. Taxes may include federal, state or local excise, sales, use, property, gross receipts, E-911 or other taxes imposed on CTExcel in connection with the provision of the service. Such taxes do not include any taxes that would be imposed directly on a customer or user of the service. Regulatory surcharges also may be passed through to you. The components and amounts of these taxes and surcharges are subject to change without notice.

How can I manage my spending?

CTExcel provides you with the tools you need to manage your spending. You can check your balance on the website at www.ctexcel.ca or by dialing the Customer Care number provided below. All plans include roaming notifications and data caps. Roaming notifications are sent by SMS when the phone enters roaming territory and the customer is informed of pay per use rates. The data cap for each device on the account is set at C$50 of additional charges for data use in Canada and C$100 of additional charges for international data roaming. Each month, CTExcel will send an SMS message to each device that has reached the spending cap. The individual account user can then continue to use data by 1. Logging into Web Self Care 2. Calling into the Self Care automated voice service to accept additional charges. The additional charges will be calculated using the pay per use rates that apply to the user's rate plan and service options. For international data roaming, usage contributing towards the cap starts once the data included in any roaming package you have purchased has been used.

Can I change my rate plan or features?

You may change your rate plan or features at any time. There is no charge for changing your rate plan or features when using Self-Serve. Please consult ctexcel.ca/fees for changes made with assistance through the Customer Service Department.

Is there a trial period?

CTExcel has a customer Satisfaction Guarantee. If you are not satisfied with your service, you can cancel service within 15 days of the start of your service period without a penalty or cancelation fee. You will be responsible for the prorated cost of your rate plan as well as any additional usage charges incurred during the trial period. If you are a person with a disability, this trial period is extended to 30 days and the usage limits are doubled.

How does CTExcel postpaid service work?

As a postpaid service customer, you will receive a monthly bill electronically at the end of the Servie Plan cycle. Your first CTExcel bill will contain:
1. Partial regular monthly charges from the activation date to your billing date,
2. Charges to be paid in advance for the next full month on your plan; and
3. Additional charges for usage that exceeds the limits of your rate plan or features.
As a result of the partial charges, your first bill may be lower than usual. Your next bill will better reflect your ongoing monthly charges. Postpaid customers must pay each bill on or before the due date. If no payment is received before the due date, CTExcel shall have the right to suspend the account and stop any service. In that case, you will not have access to any data, voice or text service. CTExcel may email you to remind you to make payment. CTExcel also reserves the right to refer delinquent payments to a collection agent and/or to report the delinquency to a credit rating agency.

How does CTExcel prepaid service work?

To use CTExcel service on a pre-paid basis, you must pay the full Service Charges for your selected Service Plan in advance, including all Add-ons, in order for the Service Plan to become effective. Your service begins when you pay the specified Service Charges for the particular number of days of service you select (each a “Service Period”). Your CTExcel Service Plan gives you access to Service for one Service Period at a time; you must use your Service during the designated Service Period. Depending on the time of day that you activate your Service or that your Service expires, your Service Period may not equal the full number of 24 hour days in the Service Period. Your Service Plan will be automatically renew at the end of the Service Period if you have a sufficient CTExcel service account balance to cover the renewal. However, your service will be suspended if you fail to make full payment for your Service Period renewal when due. In that case, you will not have access to any data, voice or text service. Your service will remain suspended until full payment is received; provided, however, if you do not reinstate service within the required period based upon your Service Plan, your phone number will be reallocated. All airtime purchased on a pre-paid basis is non-refundable and non-transferable. Access to detailed usage records is available through secure log in onto our website at www.ctexcel.ca.

All Service Charges are payable by credit card and/or debit card. By clicking "Agree to Terms", you authorize CTExcel to bill your credit card and/or debit card provided at the time of the selection of a Service Plan for the initial Service Period, and all Service Period automatic renewals. If you have checked the auto-renew option when ordering a new SIM Card or renewing a bundle, your credit card will be charged the bundle fee automatically every calendar month. No refund will be available under this scenario. To terminate service, you will need to cancel the auto-renew option on your CTExcel account or contact Customer Care at the number provided below.

Can I stay connected when I travel outside of Canada?

Roaming services are included for postpaid customers. Postpaid customers are automatically charged when entering a roaming zone.

Roaming services are not automatically provided to prepaid customers. Prepaid customers must buy roaming service online. Otherwise prepaid customers will not have service in a roaming area

What uses of CTExcel service are acceptable?

The Service is intended for voice and text messaging between two people and intermittent web browsing, messaging, and similar activities on your own device, and not on any other equipment. You understand that unlimited talk, text and data Services are not intended to be used continuously, without breaks, to create the functional equivalent of a dedicated line.

What uses of CTExcel service are prohibited?

Unless explicitly permitted by a Service Plan, each of the following is a prohibited use of CTExcel Service:

  • Configuring your device as a substitute or backup for private lines or dedicated data connections or otherwise using the Service for continuous high call sessions, including but not limited to tethering your device to a personal computer or other hardware, server devices or host computer applications, including continuous web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that facilitate continuous use and/or broadcasting to multiple servers or recipients; use of "bots" or similar routines that may disrupt net user groups or email use by others; running software or other devices that maintain a continuously active Internet connection when such a connection would otherwise be idle or that enable "keep alive" functions such as telemetry devices or supervisory control and data acquisition devices; sending automated text or picture messages to another mobile number or e-mail address; uploading, downloading or streaming of audio or video programming, or other applications that denigrate network capacity or functionality.;
  • Using the Services or device to engage in unlawful activity, or engaging in conduct that adversely affects CTExcel’s customers, employees, business, or any other person(s), or that interferes with the operations, network, reputation, or ability to provide quality service by CTExcel, including but not limited to, transmitting obscene , fraudulent or otherwise illegal information, "spamming" or engaging in other abusive or unsolicited communications, or generating or disseminating viruses, malware or "denial of service" attacks;
  • Accessing, or attempting to access without authority or payment, the information, accounts or devices of others, or penetrating, or attempting to penetrate, CTExclel’s network or systems, including by way of illustration by altering or tampering with equipment or information, by cloning or using compromised SIM Card algorithms, engaging in subscription fraud by false representation or false credit information or devices, or by engaging in any other fraudulent or criminal activity;
  • Reselling or rebilling CTExcel service;
  • Installing, deploying, or using any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted radio frequency signal; or
  • Assisting or facilitating anyone else in any of the above activities.
  • Excessive usage. CTExcel reserves the right to suspend or cancel your account, or to reduce your data speed for the remainder of your Service Period, if your talk, text and data usage patterns during a Service Period continuously exceed the average usage of other customers on the same Service Plan. CTExcel reserves the right to deny unlimited talk, text and data services or cancel existing service to you for any reason at any time at CTExcel’s sole discretion.

Where will I have coverage?

CTExcel service covers almost all of the populated areas in Canada. Coverage areas, and the connectivity in these areas, will depend on the availability of network facilities. These are subject to change from time to time, without notice.

Will my CTExcel services always work in CTExcel coverage areas?

CTExcel networks are monitored to keep them running continuously. For a description of CTExcel’s network management practices please see ctexcel.ca/coverage. However, there are times when CTExcel must temporarily suspend or restrict the service to maintain, restore or repaid the network. Also, to ensure fair network access to all users, CTExcel may manage network resources using methods including, but not limited to:

  • Allocation of bandwidth, which may limit the availability or speed of data service;
  • Filtering for spam and malicious content, which may occasionally result in unintended blocking of inoffensive content; and
  • Restricting the network access available to specific transmission protocols.

Are there any warranties on my CTExcel service?

To the extent permitted by law, legal warranties and conditions (implied or statutory) do not apply to the service. Due to the fact that wireless telecommunications are delivered by radio waves and are subject to factors that cannot reasonably be controlled, CTExcel does not guarantee timely, secure, error-free or uninterrupted service or that you will always receive your messages or data. Service failure or interruptions due to events beyond CTExcel’s reasonable control may include:

  • Atmospheric conditions (including solar activities);
  • Physical obstacles interfering with the transmission of radio signals;
  • Limitations on the capacity of the network or carry traffic from all nearby users;
  • Technical limitations of the systems of other telecommunications companies or limitations of the interconnection of transmission facilities;
  • Defects or failures in network equipment; or
  • Emergency or public safety requirements.

Service interruptions also may be unavoidable due to network maintenance. CTExcel may at any time upgrade its networks and undertake maintenance without notice to you. CTExcel may also update the software, features and settings on your device, including through "over-the-air" instructions sent without notice, to ensure the device meets CTExcel standards.

Do I own my wireless telephone number?

You do not own your number. However, you have the right to take (or “port”) your phone number to another Canadian telecommunications service provider. If you leave CTExcel and choose not to take your phone number with you, we have the right to assign your number to another customer. You also do not own any IP address, network equipment identifier, domain name, email address or other identifier assigned by CTExcel. We may, after giving at least 30 days notice, change any such numbers without liability.

What devices can I use with my CTExcel service and does CTExcel provide them?

CTExcel does not sellor provide handset devices. The SIM Card is compatible, and can be activated, only with cell phones using GSM technology. If you already have a GSM device, you do not need a new device to use CTExcel Service. If you do not already own a GSM device you may acquire one from third party vendor. Any device utilized with CTExcel Service must be compatible with, and not have the potential to harm, the CTExcel networks. Although CTExcel networks are able to support a wide range of devices, not all devices will work on CTExcel networks. Your wireless device and software must meet CTExcel standards to access our service and operate properly with our service. Such standards may change from time to time at our sole discretion and you are responsible to updating your device and software as necessary to meet these standards. CTExcel may also remotely update and change the software and settings on your device at any time without notice to ensure that it continues to operate properly on our service. A device that has been reported lost or stolen cannot be used with the service. A device may be blacklisted for misuse. If your device is blacklisted for misuse, it will no longer work on the CTExcel network.

What should I do if my device is lost or stolen?

If your device is lost or stolen, please contact CTExcel immediately. Within 48 hours of your notification and payment of a chage SIM card fee, Customer Care will send you a new SIM card, at which time the old SIM card will be deactivated. Previously paid Service Charges will not be refunded or prorated. You will continue to be responsible for pre-authorized users on your account until you notify us. Following notification of the loss or theft, CTExcel will suspend pre-authorized payment.

Who is responsible if someone else uses my account?

You are responsible for your account and for the activities of anyone who uses it. If you give someone your personal account validation information, they can access and manage your account. Those changes will be binding on you.To prevent unauthorized use, you may maintain the confidentiality of the login names, passwords and other identification methods that you use to access your account. If any person makes a claim against CTExcel in connection with the use of our service or of any device on your account, you will indemnify CTExcel against any loss or expense that CTExcel may incur, including any judgment made against us.

Can I download content over CTExcel service?

You may purchase content and applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (collectively "Content/Apps") from third party vendors for use on your device. These purchases may appear as charges on your account. Any support questions related to such Content/Apps should be directed to the vendor. You may be subject to license terms maintained by such vendor and/or application developer or content owner. Content/Apps may be subject to additional license terms between you and the creator or owner of the Content/Apps. Any Content /Apps purchased by you are exclusively for personal, lawful, non-commercial use on your own device. You may not transfer, copy, or reverse engineer any of the Content/Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content/Apps. Under no circumstances is CTExcel responsible for such Content/Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through any application. CTExcel is not a publisher of any Content/Apps sold by any third-party vendor, and CTExcel is not responsible for any opinions, advice, statements, or other information, services or goods provided by such vendors, or otherwise accessible on your device.

Do I have any rights to CTExcel intellectual property?

Your purchase of CTExcel services does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property either TELUS or China Telecom, or others related to the Services. Such intellectual property may be used only with your Service as expressly authorized by us. You agree that harm to either TELUS or China Telecom from any violation of this section cannot be fully redressed by money damages, and that the affected intellectual property owner shall be entitled to seek immediate injunctive relief in addition to all other remedies available. In conjunction with our rights under this paragraph, it is our policy, in appropriate circumstances and in our sole discretion, to suspend or terminate the service of any customer, account holder or user who is deemed to be a repeat or blatant infringer of intellectual property rights.

How does CTExcel manage user content?

The internet can be used to spread viruses and other malicious content. CTExcel has the right, but not obligation, to monitor or log any CTExcel internet site or use of the service. This allows us to enhance operating efficiencies and to protect CTExcel and its customers from spam, malicious content and other unlawful activity. If we believe any internet capability or data accessed through our service is in violation of any of the Service Terms, we have the right to remove or block it. To enable you to post content to the internet using the service, you grant CTExcel and CTExcel’s service providers a world-wide, royalty-free, unrestricted license to use, copy, adapt, transmit, display, communicate and create compilations and derivative works from this content solely for the purpose of providing CTExcel service to you.

How long does CTExcel keep content on my account?

CTExcel may delete, without notice, messages and emails that have been stored on your account for more than 30 days. CTExcel may also delete, without notice, any user content stored by or for CTExcel that is not accessed in 30 day period and all third-party content that has not been accessed for more than 90 days. CTExcel is not responsible for the activations of any third-party service, application or content provider.

How do I use CTExcel service to contact Enhanced 911?

Enhanced 911, or e911, can provide emergency operators with improved location information, which can be used to assist people contacting 911 from their mobile phones. For more information on this service, including the availability, limitations and characteristics of wireless e911 service and handsets, please visit ctexcel.ca/e911. Please note that CTExcel does not provide 911 operator services. CTExcel provides advanced routing of 911 calls to the closest emergency service access point, and these are maintained by local or regional government agencies. If there is no 911 emergency service access point serving the area where you make a 911 call, you will not have 911 operator services. For a variety of reasons, an emergency operator may not be able to locate you in order to provide emergency services. Do not rely solely on CTExcel services and your device in an emergency situation. Be sure to also locate the nearest landline phone in case it is needed to call for help. Also, when making a 911 call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information.

Why does CTExcel collect my personal information?

The CTExcel Privacy Policy details the information we may collect from you. We collect your information solely:

  • Establish and maintain a commercial relationship with you and provide ongoing service;
  • Understand your needs and preferences;
  • Develop, enhance, market or provide products and services;
  • Manage and develop our business and operations;
  • Meet legal and regulatory requirements.

In addition, TELUS may track and collect information about your location as part the normal operation and usage of the services. To be able to use the services and make and receive wireless voice calls, data, and text messaging, your device needs to be in contact with and connected to a cell phone tower and global positioning system near your location to receive and emit signals from the device to the cell phone tower and vice versa. Location information and other usage and performance information are used to provide services to you. TELUS also may use location information to create aggregate data from which your personally identifiable information has been removed or obscured. Such aggregate data may be used for a variety of purposes such as scientific and marketing research and services such as vehicle traffic volume monitoring. It is your responsibility to notify users on your account that such location information may be collected from devices utilized with the service.

How does CT Excel protect my privacy?

Your privacy is important to CTExcel. We have a long-standing policy of protecting the privacy of our customers in all of our business operations. The CTExcel Privacy Policy sets out the principles that govern the collection, use and disclosure or our customers’ personal information and reflects our continuing commitment to protecting their privacy. Under that Policy, the permitted uses of your personal information include sending you marketing messages for other CTExcel services or that are tailored to your interests, based on your use of CTExcel services. You can always unsubscribe. Every electronic marketing message from CTExcel will have an unsubscribe option, and you can manage other types of marketing messages from CTExcel by calling Customer Care.

All information CTExcel keeps with respect to you and your CTExcel service, other than your name and address, is confidential. Unless you provide your express consent or unless disclosure is required under the law, your information may not be disclosed by CTExcel to anyone other than:

  • You or a person who, in the reasonable judgement of CTExcel, is seeking the information as your agent;
  • Another telecommunications company, but only if the information is used to establish or to efficiently provide telecommunications service, if the disclosure is made on a confidential basis, and if the information is used solely for the purpose;
  • An affiliate involved in supplying you 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 used only for that purpose;
  • A directory or listing service company for the purpose of listing you name, address and phone number if you consent and if that company agrees to use the information only for that purpose;
  • An agent used by CTExcel to evaluate your credit or collect outstanding balance to CTExcel by you, if the agent requires the information and agrees to use the information only for that purpose;
  • A public authority or its agent if CTExcel reasonably believes that there is imminent danger to life or property that could be avoided or minimized by disclosure of the information; A law enforcement agency if CTExcel reasonably believes that you or anyone using your device is engaged in fraudulent or unlawful activities against CTExcel.

By “express consent”, we mean:

  • 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 CTExcel; or
  • Consent through other methods, as long as an objective documented record of your consent is created by your or by an independent third party.

At any time, you may request that your name and address not be included on any list provided to any other person or used by CTExcel. You may inspect any CTExcel records related to the provision of your service, provided that you pay CTExcel’s related extraordinary costs.

Subject to the above, you agree that CTExcel may collect, use and disclose personal information about you for the purposes identified in CTExcel Privacy Policy as it may be amended from time to time. You also authorize CTExcel to obtain information about your credit history from credit reporting agencies and credit grantors (including other CTExcel companies) from time to time, and consent to the disclosure of your credit history with CTExcel to them at any time. You agree to provide us with your current email address (and to inform us if that email address changes) so we can provide you with tools and services to manage your CTExcel account, communicate with you about account-related items on a timely basis, provide news and offers from CTExcel’s companies and its partners, and seek your views on CTExcel’s products and services.

For complete details about our legal obligations and liabilities with respect to your privacy, please refer to the CTExcel Privacy Policy available at ctexcel.ca/privacy. If you have any questions or concerns about CTExcel’s privacy practices, you may call 1-877-331-9871 or send email to privacy@ctexcel.ca.

Can I cancel my service at any time?

Yes. To cancel your service, contact CTExcel with the date you want the cancellation to be effective. If you terminate your Service, your termination will be effective at the end of your current Service Period (unless you port-out your number), and you will remain responsible for all service charges for usage through the end of your current Service Period. If we terminate your service, we will determine the effective date of termination, and you will be responsible for all Service Charges through the effective date of termination.

Can I take my number to another provider?

Yes, you have the right to take or “port” your number to another Canadian telecommunications company. If you request that we port your number to another service provider, Service for that number will be terminated when the porting is complete. If you port your number, you will be responsible for all Service Charges until the port-out is complete.

Can CTExcel cancel my service?

CTExcel may also suspend or cancel your service for any reason, upon 30 days’ notice to you, or without notice if you, any user of your device or SIM Card, or any user on your account: (a) breaches this Agreement; (b) provides inaccurate information we cannot verify; (c) lives in an area where CTExcell does not provide Service; (d) transfers Service to another person without CTExcel’s consent; (e) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (f) misuses the service, device or SIM Card as specified in these terms and conditions; (g) uses the service, device or SIM Card in a manner that is excessive, unusually burdensome, or unprofitable to us; or (h) is on a Service Plan that CTExcel determines is no longer available; (i) interferes with other customers’ service; (j) degrades service quality for other customers; or (k) interrupts or negatively impacts the CTExcel networks. If Services are cancelled or terminated, you will not be entitled to any refund or proration of any Service Charges or other amounts previously paid. You will be charged for the entire) Service Period during which termination occurs. Upon suspension or cancellation, CTExcel will have no obligation to maintain any voicemail, messages, contact information or other content related to your use of the Service and you agree all such messages, information and content may be deleted immediately without notice to you.

How can I get assistance with the service?

You can call the Customer Service Department at any time, toll-free at 1-877-331-9871. If you are entitled to a refund for incorrect billing, CTExcel will credit your account within 30 days.

CTExcel may be contacted as follows:

General inquiries, requests for copies of the latest terms and conditions or policies; legal notices.

China Telecom (Canada) Corp.

Attn: Legal Department

legal@ctamericas.com

Tel:289-597 8338

Website: www.ctexcel.ca

Customer Care, Service issues, payments

Tel: (877) 331-9871 (from the US)

(400) 928-9189 (from China Mainland)

Website: www.ctexcel.ca

Email: help@ctexcel.ca

How do I make a complaint against CTExcel?

If you have a complaint regarding your CTExcel service that we haven’t been able to resolve, you should contact the Commissioner for Complaints for Telecommunications Services (CCTS): www.ccts-cprst.ca or 1-888-221-1687.

What if CCTS cannot resolve my complaint?

If the parties cannot resolve, by discussion or through the CCTS, a claim you have against CTExcel for service provided under this Agreement, you agree to resolve the dispute through confidential arbitration before a single arbitrator chosen by the parties. The expense of arbitration will be shared equally. Additionally, you waive any right you may have to start or participate in any class action against TELUS or China Telecom and you agree to opt out of any class proceeding against TELUS or China Telecom.

How do I initiate arbitration?

Notice to arbitrate a claim should be sent to CTExcel, 175 Commerce Valley Dr. W Unit 210 Markham, Ontario L3T7P6 Attention: Legal Department. The arbitration will be conducted in accordance with the current rules relating to commercial arbitration in the province in which you reside.

What governing law applies?

This Agreement is subject to the laws of Ontario, Canada as well as applicable Canadian telecommunications laws and regulations.

What limitations apply to any claim made against CTExcel?

  • To the fullest extent permitted by law, CTExcel will not be liable to you or to any other person for any damages or expenses (including loss or profits, loss of earnings, loss of business opportunities, loss of data, economic loss or other similar loss, or punitive damages) arising out of or in connection with the use or failure of the service, whether caused by negligence or otherwise, and whether claimed in contract, tort or otherwise.
  • CTExcel is not responsible for:

    1.Libel, slander, defamation or the infringement of copyright from material or messages transmitted from your property or premises or recorded by your equipment or CTExcel equipment;

    2.Damages arising out of your act, default, neglect or omission in the use or operation of equipment provided by CTExcel;

    3.Damages arising out of the transmission of material or messages over CTExcel networks on your behalf, which is in any way unlawful; or

    4.Any act, omission or negligence of other companies or telecommunications systems in relation to the provision of the service to you, when the facilities of such other companies or telecommunications systems are used to establish connections to or from facilities equipment controlled by you.

    5.In the case of the provision of emergency services on a mandatory basis, our liability to you, except in cases where negligence on the part of CTExcel results in physical injury, death or damage to your property or premises, is limited to the greater of $20.00 or 3 times the amount you would otherwise be entitled to receive as a refund for the provision of defective service under your Agreement.

These limitations of CTExcel’s liability extend to the benefit of third party providers of audio or audiovisual programming services delivered to your device through CTExcel service.

In what circumstances do these limitations not apply?

None of the limitations of liability stated above apply to the following:

  • Cases of deliberate fault, gross negligence or anti-competitive conduct on the part of CTExcel or in case of breach of contract where the breach results from our gross negligence.
  • CTExcel’s liability for disclosure of information contrary to these CTExcel Service Terms or Privacy Policy.

My authorization

I have read the terms set out in this Agreement and agree to comply with them. Any use of the CTExcel service by me or any person I allow to access my device will mean that I unconditionally accept the Service Terms. I understand that this is the complete Agreement for my CTExcel service as well as that it is personal to me and may not be assigned by me to any other person.

I consent to the publication of the CTExcel numbers assigned to my account (you may withdraw your consent at any time by calling the CTExcel Customer Service Department). I consent to the exchange of my account and usage information with other CTExcel companies and their agents, affiliates or dealers, so that they can provide services in managing my account or offer additional services or products to me. I consent to the transfer of my account and usage information to China Telecom so that they can (i) provide me with service updates and new offers and promotions; (ii) provide me with advertising material associated with CTExcel services, and (iii) analyze such information to gain a better understanding of my needs and preferences in order to develop and enhance the CTExcel services.

I authorize CTExcel to obtain information about my credit history from time to time. I authorize any person, consumer reporting agency or credit grantor to verify the information provided here, and I consent to the exchange of credit information with others at any time, including my payment history with CTExcel.