NEXT and NEXT lite Service Terms and Conditions

Use of Service

  1. The Next and/or Next Lite Services may be used only in accordance with Navigata’s General Terms and Conditions, available here, and the Internet Services Acceptable Use Policy, available here.
  2. You understand the Next and/or Next Lite Services do not function in the event of a power failure(regardless of where the power failure arises) or during a broadband (Internet) outage
  3. Navigata strongly recommends that you retain and/or acquire an analog local access line or fax line to be available for 911 calls or in the event of a power failure or broadband (Internet) outage.  
  4. Navigata provides a 911 calling feature with the Next and/or Next Lite Services; however, this 911 calling feature has important limitations and differences from the 911 or E911 service available with traditional, analog, phone service.  These limitations and differences, as well as a summary of User Tips, are described in more detail in the section “Notice of 911 Limitations”.

Navigata’s Obligations

  1. Navigata will provide and maintain the Next and/or Next Lite Services to you subject to availability of facilities on commercially reasonable terms.
  2. In the event Navigata is unable to obtain or maintain on commercially reasonable terms the required facilities and services to provide the Next and/or Next Lite Services to you, or the required facilities and services are no longer available, then Navigata may at its option, upon thirty (30) days prior written notice to you:

    i)  terminate the affected Navigata Services or this Agreement as a whole;

    ii)   propose to you revised pricing for the Next and/or Next Lite Services taking into consideration the increased price of such facilities and services to Navigata.
  3. If Navigata elects to re-price the Service as set forth above, you must communicate your acceptance or refusal within thirty (30) business days of receiving the revised pricing notice. If you do not accept the revised pricing, you will be able to terminate the Service without the requirement to pay termination liability charges. You are still obligated to return the phones and equipment to Navigata in good working order.

Equipment Maintenance

  1. Navigata provides phones and network equipment for your exclusive use of the Services (the “Equipment”).  The Equipment at all times remains the property of Navigata. You shall not sell, lease, transfer or assign the Equipment provided by Navigata. You may use the Equipment only at the location you have indicated at the time you subscribe to the Services, subject to the notification requirements set out below.
  2. You are responsible for the safekeeping of the Equipment.  If in your care, the Equipment is damaged, lost or stolen, you agree to pay Navigata the full cost to recover, repair or replace the Equipment, as determined by Navigata in its sole discretion.
  3. On the cancellation or termination of the Services (whether by the Customer or Navigata), you are required to return the Equipment to Navigata in good working order excepting reasonable wear and tear. If the Equipment is not returned to Navigata, you will be responsible for the full replacement value of the equipment.

If You're Moving

  1. You must advise Navigata at least forty-five (45) calendar days prior to the date of your move.
  2. If you move to a location outside of the Navigata service area, all Equipment must be returned to Navigata in good working order.  Equipment charges will apply for all equipment that is not returned or is returned in damaged condition.  Contract termination fees may also apply.
  3. If you move to another location within the Navigata service area, you may only transfer your telephone number to a location within the same exchange area (there may be more than one exchange area in the Navigata service area).

Term & Termination of the Service

Without limiting the applicability of the early termination, termination and suspension provisions in the General Terms and Conditions of Service, the following provisions apply with respect to the Next and/or Next Lite Service:

  1. Upon expiration of the initial term, Navigata’s then current month-to-month rates for the Service will apply, unless you confirm a new term commitment with us before the end of the term.

Notice of 911 Limitations

BY SUBSCRIBING TO NAVIGATA NEXT AND/OR NEXT LITE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS AND CONDITIONS REGARDING 911 SERVICE USING THE NAVIGATA NEXT AND/OR NEXT LITE SERVICES.

a.   The following list of 911 user tips is critical information that needs to be understood by all users of the Navigata Next and/or Next Lite Services.
i.   911 service with Next and/Next Lite has certain limitations as compared with traditional E911;
ii.   When you dial 911 using the Navigata Next and/or Next Lite Services, you will be connected to an intermediate operator.  This operator will ask that you confirm your location and will then transfer you to the emergency services agency that serves the area you have identified;
iii.   When calling for emergency help, you must be prepared to confirm your location and call-back number with the operator;
iv.   Your Navigata Next and/or Next Lite Services (including the ability to dial 911) will be unavailable during a power failure or broadband Internet outage;
v.   If you call 911, stay on the line until instructed to hang up; call back if you get disconnected.
You must ensure that you understand the 911 limitations of your Navigata Next and/or Next Lite Services and that other potential users are made aware of these limitations.

b.   Summary of Key Differences and Limitations compared to traditional analog telephone service:

Navigata’s Next and/or Next Lite Services  offers a form of 911 (emergency telephone) service that is similar to traditional 911 service but has some important differences and limitations when compared with enhanced 911 service (“E911”) available in most locations with traditional analog (i.e. non-VoIP) telephone service.

With both traditional 911 and E911 service, your call is sent directly to the nearest Public Safety Answering Point (“PSAP”). In addition, with E911 service, your call-back number and address are visible to the PSAP operator.

With 911 service available with Navigata’s Next and/or Next Lite Services, your call may be sent to a national emergency call centre or sent to the local PSAP but without address information. The call centre operator will ask for your location and call-back information and then transfer your 911 call to the emergency response centre nearest to your location.

You must be prepared to provide your address and call-back number to the operator.  If you are unable to speak to the operator, the operator may not be able to transfer your call to the appropriate emergency response centre and/or may be unable to call you back.  Do not hang up unless specifically directed to do so and if disconnected, you should dial 911 again.

Failure to provide your current and accurate physical address and location of your Navigata Next and/or Next Lite equipment to the operator will result in any 911 communication you may make being routed to the incorrect local emergency service provider.  The address information that you provide must be the actual physical street address where you are located, not a post office box, mail drop or similar address.

It is the responsibility of the user to ensure that their location details are kept current in the Navigata database.  To facilitate address updates, Navigata provides an address update tool on the “myAccount Login” webpage.

Remember that the 911 service will not function in the event of a power or broadband (Internet) outage or if your broadband (Internet), Internet Service Provider, or Navigata service is suspended or terminated for any reason.

You should be aware that 911 emergency calls that are made using the Navigata Next and/or Next LiteServices will take longer to be connected to the correct 911 response centre than calls made using a traditional landline telephone.

As well, the operation of the Navigata Next and/or Next Lite Services are subject to the availability of your network, which may be affected by power outages or other interruptions. If you make a remote Next and/or Next Lite 911 emergency call (i.e. a call made from outside your local area network at your service address of record) from outside Canada or from a location within Canada that is not served by 911, the operator will not be able to complete this 911 emergency call.

For these reasons, it is advisable to use a traditional landline telephone for 911 emergency calls whenever possible.

c.   Measures that should be taken by a 911 caller as a result of such differences:

i.   Alternative 911 arrangements

You acknowledge that Navigata Next and/or Next Lite Service does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional E911 services.

ii.   Inform all users and potential users of the Next and/or Next Lite Services of the nature and limitations of the 911 service:

You must inform your staff, guests, and other persons who may be present at the physical location where you utilize the Next and/or Next Lite Service, of the important differences in and limitations of VoIP 911 Dialing service as compared with E911 service, as set out above. You must also inform them of the alternate 911 calling method that is available (i.e. by cell or by using the fax line phone).

Stickers are included with your start-up kit to attach to your phones warning of the limitations associated with 911 calling, if the stickers are missing or you require replacements please contact Navigata and stickers will be provided free of charge.

Limitation of Liability and Indemnification

Without limiting the applicability of the indemnification and limitation of liability provisions in the General  Terms and Conditions of Service, the following provisions apply with respect to the Next and/or Next Lite Service.

  1. Navigata (including its directors, officers, employees, affiliates and agents) will not be responsible or liable for any claims, losses, damages, costs, expenses, fines, penalties and/or other liabilities (including, without limitation, any indirect, special, consequential, incidental, economic or punitive damages) that arise from, or are due to, any omissions, interruptions, delays, errors or defects in transmission of any 911 emergency call that is made using the Next and/or Next Lite  Service.
  2. You agree to defend, indemnify, and hold harmless Navigata, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you or to Navigata in connection with this Agreement or the Next and/or Next Lite Service, from any and all claims, losses, damages, costs, expenses, fines, penalties and/or other liabilities  (including, without limitation, legal fees and expenses) by any third party or user of your  Next and/or Next Lite Service relating to the absence, failure or outage of the Next and/or Next Lite Service, including 911 dialing and/or inability of you or any third person or party or user of your Next and/or Next Lite Service  to be able to dial 911 or to access emergency service personnel, and any misroutes of 911 calls, including but not limited to your provision to Navigata of incorrect information in connection therewith.