Terms and Conditions

Section I - Terms and Conditions For Owtel DialAround Long Distance Services

These are the terms and conditions on which OWTEL Inc. and its group companies (“Owtel”) agree to provide long distance telecommunications services and, agrees to supply or sell certain equipment incidental to the use of the Services that includes any part thereof and the accessory items in relation thereto (collectively the “Services”), to the Subscriber (“You”) in United States and constitutes a Contract between you and Owtel as if signed by each party. By using Owtel to make your long distance calls and/or purchasing of the equipment, you agree to be bound by the following terms and conditions:

1 Services

1.1 Services are made available to you on condition that you do not re-supply or resell or otherwise make Services available to any person other than you or persons authorized by you, and that you do not use the Services in any way or for any purpose prohibited by law.

1.2 You shall be 18 years old or above and shall hold identification documentation as may be requested by Owtel from time to time.

1.3 You agree to indemnify Owtel against any claims resulting from use of the Services provided to you whether engaged in by you or any other person.

1.4 You must keep confidential all passwords you have nominated to be connected with the Services. You agree that Owtel may disclose any information in connection with your accounts to anyone who correctly quotes your password.

1.5 Subject to the terms and conditions set out herein, Owtel shall provide and you shall subscribe to the Services in accordance to the selected service plan.

1.6 Should you not wish to receive information about our Services in any form, you should inform us by writing to our Customer Services Department at Owtel Inc. PO Box 6007, Markham Industrial Park, Markham, ON, L3R 6E2, Canada.

2 Charges

2.1 Subject to clause 2.2, Owtel may vary or amend these terms and conditions without giving notice to you.

2.2 Owtel may vary or amend any charges, services plans or rates of Charges from time to time without prior notice to you. Owtel will bill you for the Services in accordance with relevant terms and conditions, services plan, tariffs, and other charges apply at the time the Services are used.

2.3 If you request for withdrawal of the Services after your subscription of the Services but before the date of activation of the Services, Owtel reserves all rights to charge you a handling fee for each and every service requested to be withdrawn as shall be determined by Owtel from time to time.

2.4 State and local governments in in Canada may assess taxes, surcharges and/or fees on your use of Owtel’s Services. These charges may be a flat fee or a percentage of your Owtel charges and may change from time to time without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.

3 Registration

3.1 You are required to register an account with your appointed telephone number(s) with Owtel for using the Services.

3.2 You must provide us with accurate, complete and updated registration information. You shall be wholly liable for and shall fully indemnify each of Owtel against any costs, claims, demands, liabilities and expenses resulting from his/her breach of this clause; and

3.3 You must safeguard any user name and password, which we assign or provide to you.

3.4 You understand and acknowledge that upon registration of the Service, you shall not be entitled to any offers in other service and the Service cannot be used in conjunction with other promotional offers, unless otherwise provided.

4 Credit Limit

4.1 Owtel may impose a credit limit on your account at our sole discretion and at any time.

5 Invoices and Payment

5.1 Owtel will use its best endeavours to bill you for your use of the Services within one month from use of the Services. According, bills for Services will generally be issued monthly. Owtel may impose administration fee for late payment or suspend or disconnected the Services until payment is made by you. Owtel may vary bill frequency at any time without prior notice to you. You must pay any bill without deduction or set-off by its due date. Owtel reserves the right to re-issue a bill if any error is subsequently discovered.

5.2 You shall pay Owtel the charges which Owtel’s records attribute to you. Charges will be calculated by reference to data record or logged by Owtel and not by reference to any data recorded or logged by you. Usage charges for the Services will be measured using such unit of measurement as is adopted by Owtel for that Service from time to time. You agree that Owtel’s records are conclusive evidence of your use of the Services.

5.3 Subject to clause 5.2, all enquiries concerning any invoice shall be made to Owtel within 15 days of the relevant invoice date otherwise the invoice will be deemed to be accepted by you.

5.4 You may elect to have your bills paid by way of a valid cheque or direct debit from a valid credit card nominated by you. If a cheque or payment by direct debit is dishonoured or cancelled, you shall pay to Owtel any resulting bank or other charges incurred by Owtel and associated administration charge imposed by Owtel.

5.5 Owtel will have the right to recover from you any costs incurred in respect of legal or debt collection agency services, which we may incur to collect any sums, which are outstanding from time to time. Owtel may set off any amount owed by you to Owtel against any amount owed by Owtel to you under or in relation to this Contract.

6 Your Liability

6.1 You and any person submitting the application form in Owtel’s web site or signing the application form for Services in our outlets on your behalf shall personally guarantee the payment in full for the Services and any late payment charges, including all other charges, legal costs and other costs incurred by Owtel or its agent due to late payment or other defaults in payment by you

6.2 You shall be responsible for all authorised and unauthorised calls placed through any direct connection facility used by you.

6.3 You will at all times comply full with all legal and regulatory requirements applicable to use of the Services. If a call is placed which does not comply with such requirements, Owtel may take whatever action it considers appropriate including blocking the call and/or charging you for the call at Owtel current applicable rate.

7 Limitation of Liability

7.1 Owtel does not warrant availability of the Services at all times or commencing the supply of Services at a certain time.

7.2 Owtel will make reasonable efforts to start providing the Services on the date as requested by you but shall not liable to you or any third party for any costs, loss, liability, contribution, damages, consequential, indirect or economic loss whether caused by Owtel’s or its agent’s act or negligence arising from any failure, interruption or deficiency of Services or facilities provided under this Contract.

7.3 Owtel liability for any interruption, delay, error or defect in transmission, equipment or the Services provided under this Contract shall be limited to an amount equivalent to Owtel charges incurred by you for the period of Services during which such circumstances occurred.

7.4 You must notify Owtel promptly in writing of any changes of your office or home address and registered telephone number.

7.5 Should you use the Service in a place / country outside the designated country, you understand and agree that you shall be solely responsible for any legal risk or other risk and accepts the legal liability in relation thereto, and is not related to Owtel in any manner whatsoever.

7.6 To the extent permitted by applicable law, you understand and agree that Owtel and its group company, agents, supplier and/or relevant service provider shall not be liable whether or not in contract, tort, statute or otherwise for any cost, claim, special, direct, indirect or consequential loss or damage suffered, sustained or incurred by you or any person from or out of or relating to the Service and/or the equipment.

7.7 You agree that Owtel shall in no circumstances be responsible for any loss of income, loss of profit or any damage (direct or indirect) caused by or arising form you use of the Services.

8 Suspension & Disconnection of Services

8.1 Owtel may suspend, withdraw, restrict and/or disconnect your Services without prior notice for any one of the following reasons:

8.1.1 if you breach any these terms and conditions or any terms or condition of any other contract with Owtel or its related companies;

8.1.2 if Owtel is unable, for any reason including any act or omission of any provider, to (where relevant) supply or provide Services;

8.1.3 if Owtel is unable to contact you at your notified address;

8.1.4 if you do not pay any Owtel bill by the due date;

8.1.5 in the reasonable opinion of Owtel, it is necessary to suspend the Services in order to carry out planned maintenance, repair or upgrading of any equipment of facility forming part of the Network and Owtel has given you as much notice as is reasonably practicable in circumstances or protect the integrity of the Network or to carry out unplanned maintenance, repair or upgrading of any equipment or facility forming part of the network. If the Services is suspended, withdrawn, restricted and/or disconnect under this clause, Owtel will endeavour to ensure that there is minimum disruption to the Services.

8.1.6 if Owtel forms a view, based on information supplied by you or any credit agency or credit provider, that you may not be willing or able to meet obligations in relation to payment for Services;

8.1.7 if you become or in Owtel’s reasonable opinion likely to become insolvent;

8.1.8 if you die or commit an act of bankruptcy or in the case of a partnership, on dissolution of filing of an application for dissolution, or in the case of a company, on filing of an application for winding up, or appointment of an administrator; or if any information provided by you is in Owtel opinion, incorrect.

9 Personal Data

9.1 If Owtel requests personal data from you, you may decline to provide that personal data but in that event Owtel may decline to provide the Services to you. If you have question on our collection of your personal data, please visit our privacy policy in Owtel’s web site.

9.2 You agree and authorise Owtel to disclose your personal data to any regulatory authority, to any Owtel’s group company, to any Owtel’s appointed agents (including debt recovery agents) and to Owtel’s related, affiliated or associated companies.

9.3 Owtel may hold and use your personal data for the following proposes:

9.3.1 considering or applying Owtel’s credit policy to your application;

9.3.2 on-going credit management of your account, including collection of overdue payments;

9.3.3 direct marketing; or

9.3.4 in connection with the provision of Services to you.

9.4 Where you are in default of payment of Owtel, you agree that Owtel or its agents may utilise information collected and recorded by Owtel in relation to your account to assist Owtel in the process of debt recovery.

9.5 you could ascertain whether Owtel holds data relating to you, to obtain a copy of that data and to correct any inaccurate data. Request for access and corrections should be addressed to:

Owtel Inc.
PO Box 6007,
Markham Industrial Park,
Markham,
ON, L3R 6E2,
Canada

Section II – Terms and Conditions for Owtel DirectDial Service

This service agreement ("Service Agreement") manifests a binding contractual relationship, and governs the relationship, between the customer ("Customer"), Owtel Inc. and its group company("Owtel"). Please read this Service Agreement carefully before using the service.

1. Agreement

"You" means the Customer, defined as either (1) the natural person recognized in Owtel's account records as having registered the service, or in the event of a business account the company represented by the natural person who signed the service contract on its behalf; or (2) any other person with actual or apparent authority to represent that person or company or to use the Service(s). "Service" or "Services" means Owtel’s long distance telecommunications services you sign up, use or pay for that Owtel Service provided to you after a service agreement being signed between you and Owtel.

This Service Agreement will only be effective until your application has been reviewed and accepted by Owtel.

This Service Agreement pertains to your domestic and international long distance services and charges, and will furnish the specific Terms and Conditions for those Services.

BY APPLYING FOR, USING, OR PAYING FOR OWTEL'S SERVICES, YOU AGREE TO OWTEL'S EXISTING RATES WHICH ARE PUBLISHED ON OWTEL'S WEBSITE ("the Website") WWW.OWTEL.COM, THE CHARGES, AND TERMS AND CONDITIONS IN THIS SERVICE AGREEMENT. IF YOU DO NOT AGREE TO THESE RATES, CHARGES, AND TERMS AND CONDITIONS, DO NOT USE THE SERVICES AND NOTIFY OWTEL IMMEDIATELY AT 888-999-0389 TO TERMINATE YOUR APPLICATION AT NO CHARGE.

Unless otherwise specified in the Service Agreement, we may change, at any time, any charges, features, content, programming, structure or any other aspects of the Services, as well as any term or provision of the Service Agreement, upon notice to you. The most current rates can be found on the www.owtel.ca or by calling 888-999-0389.

2. Service(s)

With this Service, you can place calls from any location in the Canada where Owtel has access to local exchange access service. Access is available to you when you subscribe to a local exchange telephone company's end user common line service. To place a call within the Canada, simply dial 1 + area code + 7 digit number. To place an international call, just dial 011 + country code + telephone number.

2.1 Calculation of Charges

2.1.1 Customer shall pay regular monthly fee for using Owtel’s Services.

2.1.2 All calls, including domestic and international calls, are billed in sixty-second billing increments, meaning that a specific phone call less than 60 seconds long, the time of the call is rounded up to one minute. There are no call setup fees or minimum call charges.

2.1.3 Timing begins when two-way communication is possible or when the called station is answered as determined by standard industry methods widely used for ascertaining answer. Underlying carrier is responsible for recognition of answer provision. Timing for each call ends when either party hangs up.

2.1.4 Uncompleted calls will not be billed. Uncompleted calls are calls where you hang-up before the called station is answered, or where you get a busy signal.

2.1.5 Owtel’s service rate table, which is available at the website, will be used for determining the price of each call even if the destination does not reflect the current geographical location of the called station.

2.2 Promotional Offerings

2.2.1 Owtel may make promotional offerings to enhance the marketing of its Services from time to time. Such offerings may be limited to specified dates, times and locations.

2.2.2 Owtel reserves the right to modify or cancel promotions upon appropriate with or without notice to the Customers.

2.2.3 Owtel will notify your state public utility Commission of the rates, terms, conditions and time intervals applicable to each promotional offering, if required by your state.

2.3 Domestic Directory

Assistance Long distance directory assistance is available by dialing 11 + (area code) + 555-1212. In the event that more than one number is requested in a single call, a charge will apply for each additional number. A charge will be applicable for each number requested, whether or not the number is listed or published. Per-Call Chargeis $0.99

2.4 Relevant Taxes

2.4.1 Customers are liable for payment of the Federal excise taxes and surcharges, state and local sales, use, and similar taxes which will be billed as separate line items on your monthly bill. Taxes and surcharges are not included in the quoted rates.

2.4.2 All Services billed to your location in any state that imposes a gross receipt or relevant tax upon Owtel in accordance with such state-to-state and/or in-state Services will be subject to a surcharge in the amount of such tax.

3 Use of Service(s)

3.1 Owtel 's Services are available for Customer’s use twenty-four (24) hours a day, seven (7) days a week.

3.2 Owtel's Services may only be used for lawful purpose in accordance with the transmission and switching parameters of the telecommunications facilities utilized in the furnishing of Services, subject to any limitations listed in this Service Agreement. Any unlawful use of Owtel's Services shall be prohibited.

3.3 Any use of Owtel's Services to make calls which might reasonably be expected to frighten, torment, abuse, harass another or in such a way as to unreasonably interfere with use by others, including the use of obscenity, lewdness, or profanity is not allowed.

3.4 The employment of Owtel's Services without payment for Service or attempting to avoid payment for Service by fraudulent means or schemes, devices, false or invalid numbers, or false calling or credit cards is not allowed

3.5 Owtel does not transmit messages, but the Services may be used for such purpose.

3.6 Owtel's services may be discontinued for nonpayment of Service charges or for other violations of this Service Agreement.

3.7 Limitations on Service

3.7.1 Service is furnished by Owtel subject to the availability of necessary equipment, facilities and/or billing arrangements with the DUC and/or LEC. Necessary facilities and equipment may include but is not limited to facilities or equipment to be provided by Owtel, connecting carriers, owners and operators of transmission capacity leased to Owtel or the LEC.

3.7.2 Owtel shall undertake to use reasonable efforts to make services available to a customer on or before a particular date, subject to the provisions of and compliance by the Customer with the regulations contained in this tariff. Owtel does not guarantee availability by any such date and shall not be responsible for any delays in commencing services to any Customer.

3.7.3 Customer possesses no property right or interest in any specific type of facility, service, connection, number process, equipment and credit card. All right, title and interests to such items remain, at all times, solely with Owtel.

4 Owtel Liability

4.1 Owtel reserves the right to discontinue providing services or terminate your account, without incurring any liability, immediately and without notice if Owtel believes that such action is necessary to prevent or to protect against fraud or to otherwise protect Owtel's personnel, agents, facilities, or services. Without limitation, Owtel may take such actions in the event that:

4.1.1 Your service usage charges exceed existing parameters based on your history of usage or on information provided in your application, which may indicate possible fraud or an unlikelihood of payment;

4.1.2 You fail to provide information or provide false information that (i) is neccessary for billing; or (ii) pertains to your creditworthiness, your status under federal and/or state low income programs, your past or current use of common carrier communications service, or your planned use of such service;

4.1.3 A timely notice has been sent to you (in writing, via email or by phone), in accordance with applicable state and federal law, by Owtel of any past due amount (which remains unpaid, in whole or in part) for any of Owtel's or an affiliated carrier's service to which you either subscribed or had subscribed or used;

4.1.4 Owtel is notified by your local telephone company or your wireless carrier that the local telephone company discontinued your local exchange service or the wireless carrier discontinued your wireless line;

4.1.5 You act, or fail to act, in a manner that prevents or frustrates any investigation by Owtel or others having legal authority to investigate your legal obligations;

4.1.6 You either refuse to settle payment when billed for service or present to Owtel or an entity billing on Owtel's behalf that you do not intend to pay for service subscribed by you;

4.1.7 You use the service to receive or transmit a message, locate a person, or otherwise give or obtain information without payment for the service (i.e., signaling);

4.1.8 You use, or attempt to use the service with the intent to refuse to pay, either in whole or in part, of the charges for the Service by (i) using or attempting to use service by tampering with, rearranging, or making connections to service in an unauthorized manner; or (ii) using tricks, false, schemes or invalid numbers, false credit devices, or other fraudulent means or devices;

4.1.9 Your telephone equipment fails to pass back to Owtel the appropriate signal to start and stop billing for a call; or

4.2 The discontinuance of service(s) by Owtel pursuant to these provisions does not waive your obligation to pay Owtel for charges due and owing for service(s) provided up to the time of discontinuance.

4.3 No agent or employee of any other entity or carrier, including the underlying carrier, shall be considered as an employee or agent of Owtel.

4.4 Owtel shall not be liable for any claim, loss, expense or damage for any interruption, delay, error, omission, or defect in any Service, facility or transmission provided under this Service Agreement, if caused by the underlying carrier, an act of God, floods, fire, hurricanes, earthquakes, or other catastrophes; national emergencies, riots, insurrections, acts of terrorism, wars or other civil commotions; lockouts, strikes, work stoppages or other labor difficulties; criminal actions against Owtel; unavailability, failure or malfunction of facilities or equipment provided by the Customer or third parties including, but not limited to the DUC; and any law, order, regulation or other action of any governing authority or agency thereof, or due to any other causes beyond Owtel’s control.

4.5 Owtel shall not be liable for, and shall be fully indemnified and held harmless by the Customer against any claim, loss, expense, or damage for defamation, libel, slander, invasion, infringement of copyright or patent, unauthorized use of any trademark, trade name or service mark, proprietary or creative right, or any other injury to any person, property or entity arising out of the material, data or information transmitted.

4.6 Owtel shall not be liable for any indirect, special, incidental, or consequential damages under this Service Agreement including, but not limited to, loss of revenue or profits, for any reason whatsoever, including the breakdown of facilities related to the Service, or for any mistakes, omissions, delays, errors, or defects in transmission occurring during the course of Service provision.

4.7 Owtel's liability for damages or loss, resulting in whole or in part from or arising in connection with the provisions of Service under this Service Agreement (or failing to provide Service), including but not limited to mistakes, interruptions, omissions, errors, delays, or other defects or misrepresentations shall not exceed an amount equivalent to the fees provided for under this Service Agreement for the long distance call for the period during which the call was affected. No any other liability in any event shall attach to Owtel.

4.8 Owtel shall not be liable for any claims for damages or loss involving any unauthorized or unlawful use of Owtel’s services and facilities.

4.9 Owtel shall not be liable for any claims for damages or loss involving any breach in the privacy or security of communications transmitted over Owtel’s facilities.

5 Customer Responsibility

5.1 You are liable to placing any necessary orders and complying with the regulations set forth in this Service Agreement. You are also responsible for the payment of charges for Services furnished under this Service Agreement.

5.2 You are liable for notifying Owtel promptly of any unauthorized use of Services, and remain responsible for all charges incurred until such notification.

5.3 You shall ensure that your equipment and/or system is appropriately interfaced with Owtel’s facilities or Services, that the signals emitted into Owtel's network are of the proper bandwidth, mode, power and signal level for the intended use of the subscriber and in compliance with standard set forth in this Service Agreement, and that the signals do not injure personnel, damage equipment, or degrade Service to other Customers.

5.4 You must use the Services offered in this Service Agreement in a manner consistent with the terms of this Service Agreement, and the policies and regulations of all state, federal and local authorities having jurisdiction over the Service.

5.5 You are liable to payment of all charges for Services provided to you, as well as to all persons using your access codes, facilities, exchange lines, or equipment, with or without your knowledge or consent.

6 Payment and Billing

6.1 You will be billed directly by Owtel.

6.2 Owtel will generate bills monthly or at another appropriate interval. Owtel reserves the right to issue an earlier bill if your balance exceeds your monthly credit limit. Payment is due upon your receipt of your bill.

6.3 All bills are presumed accurate, and shall be binding on You unless objection is received by phone or email within thirty (30) days after such bills are generated. No credits, refunds, or adjustments shall be made if such request is not received by Owtel within thirty (30) days.

6.4 Late Charge

Owtel may apply a late payment charge per month equal to the greater of $5 or 1.5% of the unpaid balance or the greatest amount permitted by law on balances outstanding on the due date.

6.5 Administrative Handling Fee

An administrative handling fee may be charged whenever your account requires the manual intervention of a billing manager, for example in case a charge made on your credit card, a direct debit made on your checking account, is rejected or charged back to Owtel.

This fee will also apply if the amount charged back was currently under dispute as outlined in 7 (Billing Disputes). If the state law where you receive the Services requires a different fee, we will charge you that amount.

6.6 Validation of Credit

Owtel, in its sole discretion reserves the right to validate your credit worthiness. It reserves the right to reject any Customer or Applicant's request for Service if it believes such Customer or Applicant presents an unacceptable credit risk.

6.7 Advance payments

For customers whom Owtel considers an advance payment is necessary, Owtel reserves the right to collect an amount not exceeding one (1) month's estimated charges as an advance payment for Service. This will be applied against the next month's charges and if appropriate a new advance payment will be collected for the next month.

7 Billing Disputes

7.1 Shall you have an inquiry or complaint regarding Service or billing, please email to Owtel or telephone 888-999-0389.

7.2 You should report any objection to billed charges immediately to Owtel by your registered mail. Please refer to Section 6 (Payment and Billing).

7.3 Owtel shall make adjustments to your bills to the extent that records are available and/or situations exist which reveal that such charges are not in accordance with approved rates or that an adjustment may otherwise be reasonable.

7.4 Where over billing to you occurs, due either to Owtel or your error, no responsibility exists which will require Owtel to pay any interest, dividend or other compensation on the over billed amount.

8 Termination of Service

8.1 The Customer You shall continue to use the Service until you request your local exchange carrier to change your long distance carrier. Until you so notify your local exchange carrier, you shall be governs by this Service Agreement and continue to be responsible for all charges.

8.2 Owtel

8.2.1 Upon proper written notice to you, without incurring liability, and notwithstanding Section 4 (Owtel Liability), Owtel may immediately suspend Services to you or may withhold the provision of ordered or contracted Services:

8.2.1.1 For violation of any of the provisions of this Service Agreement,

8.2.1.2 For offense of any law, rule, regulation, policy of any governing authority having jurisdiction over Owtel 's Services, or

8.2.1.3 By reason of any order or decision of a court, public service commission or federal regulatory organization or other governing authority prohibiting Owtel from providing its Services.

8.2.2 Without incurring liability, Owtel may interrupt the provision of Services at any time so as to undergo tests and inspections to assure compliance with this Service Agreement and the proper installation and operation of your and Owtel’s equipment and facilities and may continue such interruption until any items of noncompliance or improper equipment operation so recognized are corrected.

8.2.3 Owtel may discontinue Service without notice to you, by blocking traffic to specified countries, cities or NXX exchanges, or by blocking calls using certain authorization codes, when Owtel considers it necessary to take such action to avoid unlawful use of its Service or fraud or abuse of facilities or change in rule or regulation by any governmental or quasi-governmental organization or agency. Owtel will resume Service as soon as it can be provided without undue risk, and will, upon request by you affected or on its own initiative, assign a new authorization code to replace the one that has been deactivated.

9 Miscellaneous Provisions

9.1 This Service Agreement together with the current rates published on the Website, constitute a complete agreement between you and Owtel, and substitute s any and all previous agreements, whether written or oral, concerning the Service(s).

9.2 This Service Agreement may only be modified or amended by Owtel.

9.3 Owtel, in its sole discretion may assign this Service Agreement. Customer may not assign this Service Agreement.

9.4 Waiver of any of the terms contained in the Service Agreement is invalid except in writing and signed by an authorized representative of Owtel.

9.5 The headings used in this agreement are for convenience purpose only and do not in any way limit or otherwise influence the meaning of any other terms.

9.6 If any part of this Service Agreement is considered by a court of competent jurisdiction to be unenforceable or invalid , then that provision will be ineffective only to the extent of such unenforceability or invalidity, and will have no effect on the remaining provisions of this Service Agreement.

9.7 This Agreement is construed in accordance with and governed by the laws of the Province of British Columbia and applicable federal law, without regard to choice of law principles.

9.8 Any action or lawsuit relating to the terms of this Service Agreement or services provided by Owtel to Customer must be brought in the applicable federal or court located in British Columbia.