VoIP & Telephone Services
ALL TELEPHONE SERVICES
The terms and conditions of this Service Agreement (“Terms” or “Agreement”) constitute the agreement (“Agreement”) between FiberConX Communications Ltd (“FiberConX”, “Company”, “We”, “Us”) and the User (“you”, “User” or “Customer”) of the Company’s residential and business communications Services, and any related products or services (“Service”). This Agreement governs both the Service and any connected Device (“Device” or “Equipment”), used in conjunction with the Service. Additional Terms and Conditions located on the FiberConX website at https://FiberConX.com may also apply.
BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT INCLUDES MANY IMPORTANT TERMS, INCLUDING: WARNINGS THAT YOU MAY BE UNABLE TO USE THE VOIP SERVICE FOR 911 OR OTHER EMERGENCY CALLS UNDER CERTAIN CIRCUMSTANCES; LIMITS AND DISCLAIMERS ON COMPANY’S LIABILITY; AND THE REQUIREMENT THAT YOU COMMIT TO A MINIMUM TERM OF SERVICE.
Service is offered on a monthly basis for a term that corresponds with the date your FiberConX Telephone service was activated and ends on the day before the same date in the following month or corresponds with the calendar month if the Service fees were prorated to the start of a calendar month. Subsequent terms of this Agreement automatically renew unless you give FiberConX written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. Expiration of the term or termination of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement.
If you subscribe to the Company’s Residential Services, which is defined as Service intended solely for the subscriber’s residence, or home, and not for commercial purposes (“Residential Services”), the Service and the Device (if provided) are provided to you solely for such residential use. You shall not resell or transfer the Service or the Device to another party. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if We determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay the higher rates for Business Service for all periods in which your use of the Service or the Device was inconsistent with normal residential use.
If you subscribe to the Company’s Residential Services, which is defined as Service intended solely for the subscriber’s residence, or home, and not for commercial purposes (“Residential Services”), the Service and the Device (if provided) are provided to you solely for such residential use. You shall not resell or transfer the Service or the Device to another party. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if We determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay the higher rates for Business Service for all periods in which your use of the Service or the Device was inconsistent with normal residential use. If you subscribe to the Company’s Business Services, which is defined as Service intended solely for the subscriber’s use to support commercial, for-profit or not-for-profit, non-residential enterprises (“Business Services”), the Service and Device (if provided) are provided to you as a small business User. Because We have no control over your power or Internet connectivity you may experience occasional outages. For this reason, it is strongly recommended that you maintain a backup Internet service provider so that you have backup contact ability. It is recommended that provide a forwarding number so that you can receive calls in the event of an Internet outage. You shall not resell or transfer the Service or the Device to another party. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if We determine, in our sole and absolute discretion, that you have at any time used the Service or the Device for any of the aforementioned or similar activities.
PAYMENT, LATE FEES AND OTHER CHARGES
When you subscribe to our Service, you authorize us to collect from your payment method, including, if applicable, Early Termination Fees, late fees, check return fees, recovery fees and any other outstanding charges. This authorization will remain valid until 30 calendar days after you terminate our authority to charge your payment method.
You agree to pay all charges due and payable for the Services without counter-claim, set-off or deduction, other than amounts reasonably disputed. Failure to pay in full may result in immediate suspension of services and FiberConX shall have no liability for such suspension under any circumstances. During the period of suspension, Services will be unavailable until the account balance is paid in full.
If you reasonably dispute an invoice, you must pay the undisputed amounts and provide written notice of the disputed amounts. Failure to dispute a charge within a 30-day period shall constitute an irrevocable waiver of you right to dispute the charge, unless otherwise provided by law. The parties shall attempt to resolve the dispute in good faith for a period of 30 days from the notice. If any charges remain in dispute at the end of the 30-day period, you will pay the full amount due within 10 days, otherwise FiberConX may exercise any available remedies for breach.
If you do not deliver full payment for all billed charges by the due date, FiberConX may restrict, suspend or terminate use of the Services. If FiberConX restricts, suspends or terminates your Services, FiberConX may, at its sole discretion, choose to restore the Services prior to the payment of all charges due. Such restoration shall not be construed as a waiver of FiberConX’s right to receive full payment for all charges due or again restrict, suspend or terminate the Services at any time for non-payment of unpaid charges. The failure of FiberConX to restrict, suspend or terminate the Services for non-payment of any charges shall not act as a waiver or estoppel to restrict, suspend or terminate Services of such account for non-payment of current or future charges.
All prepaid fees and other payments by Subscriber are non-refundable and non-creditable. There are no pro-rated refunds for unused time. Unless otherwise stated in the Service agreement, FiberConX will invoice and charge Customers monthly. Customers are responsible for paying monthly Service fees while Services are suspended due to non-payment. In the event that an account is terminated for any reason with an outstanding balance, FiberConX will continue to electronically charge any credit card on file for the outstanding balance until all balances are fully resolved. All disconnected accounts and all accounts suspended for non-payment are subject to a twenty-five-dollar ($25.00) reconnection fee. Any account which goes into collection status will be transferred to a collection agency and incur a twenty-five-dollar ($25.00) processing fee and all other applicable fees and charges. Customers must pay a twenty-five-dollar ($25.00) service charge on disputed credit cards and credit card chargebacks. Past due accounts will accrue a monthly charge of two percent (2.0%) of the past due balance.
Customer is responsible for all charges attributable to its account with respect to the Services. Customer agrees to notify FiberConX immediately, in writing or by calling the FiberConX support line at 1.800.961.6856, if you become aware at any time that Services are being stolen or fraudulently used. You are responsible for all usage charges attributable to your account, even if incurred as the result of fraudulent or unauthorized use by third parties, until you report the theft or fraudulent use of the Services. FiberConX, may, but is not obligated to, detect or report unauthorized use or fraudulent use of Services. You agree to save, defend, indemnify and hold FiberConX harmless from all claims, costs, liabilities and damages arising out of such fraudulent or unauthorized use.
International calling is disabled by default. Customers may request it be enabled for a given country at any time by contacting FiberConX. All International calls are billed at their respective international rates which are updated from time to time. Any and all call charges are rounded to the nearest whole penny. International calls will be charged at the start of the next month. Failure to pay will result in immediate suspension of Service.
LIMITATIONS OF SERVICE
Customer acknowledges, and agrees, to the following limitations of service:
A) Not a traditional telecommunications service. The Service is not a telecommunications service and the Company provides it on a best effort basis. Important distinctions exist between telecommunications service and the Service offering that We provide. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
B) Operator assisted calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911, which is provided for elsewhere in this Agreement) Services in one or more (or all) Service areas.
C) Phone numbers. The phone numbers you obtain from Us for Residential Service will not be listed in any telephone directories. Phone numbers transferred from your local phone company may, however, be listed. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address.
D) Compatibility with other devices and systems. The Service may not be compatible with non-voice devices. All non-voice communications equipment, including but not limited to, home security systems or alarm systems that are set up to make automatic phone calls, modems, data modems, any device that relies upon a modem, or other hearing impaired devices, and medical monitoring devices (“Non-Voice Systems”), are not considered compatible with the Service and may be interrupted or permanently disabled by installation or operation of the Service. You should maintain a traditional analog telephone connection in order to use any alarm monitoring functions for any security system installed in your home or business. You are solely responsible for the operation and use of such Non-Voice Systems with the Service, including taking any necessary steps, as permitted under your agreements with the Company, to ensure compatibility between such Non-Voice Systems and the Service.
E) Other providers. You authorize the Company to act on your behalf, as your agent, in moving your telephone number and related local and long-distance services from your current provider to the Company or any of its wholesale service providers. You acknowledge that the Company may change wholesale providers from time to time and may move your phone number from one wholesale carrier to another at any time. You acknowledge that the Company will become the customer of record for all phone numbers that We move or “port” to the Service.
F) Security. The Service relies upon portions of the public Internet, and third-party networks, to transmit voice and other communications signals. The Company cannot, and does not, guarantee that the Service is secure, or can be used in a secure manner.
G) High-Risk Uses. The Service is not fail-safe or designed or intended for use in situations where error-free or uninterrupted service is essential, including uses involving vital communications in which an error or interruption in the Service could lead to injury to business, persons, property or the environment (“High-Risk Uses”).
REVISIONS, AMENDMENTS, OR MODIFICATIONS TO THESE TERMS
The Company may change this Service Agreement or the Service from time to time by posting a revised version of this Service Agreement or announcing Service changes on the Company’s website currently located at: https://FiberConX.com Such changes may include, without limitation, increasing the charges for the Service, including any additional features that may be offered in conjunction with the service. Changes will become effective once posted, and your continued use of the Service will constitute your acceptance of any such changes. However, if you do not wish to continue Service after a change or modification in features or functionality that materially effects the Service to you, you may terminate this Service Agreement by providing written notice to the Company within twenty (20) days of the effective date of the modification, and you will not be charged any Termination Fee (as defined below).
The Customer acknowledges that they do not have property rights to any phone numbers assigned to them. FiberConX may change any phone number assigned to the Customer provided that FiberConX is requested to do so by a legal or regulatory authority, including without limitation, the Canadian Radiotelevision
and Telecommunications Commission (CRTC), the US Federal Communications Commission (FCC) or a court order, and provided that FiberConX promptly notifies the Customer of any such requirement/action.
TERMINATION OF SERVICE – RESIDENTIAL AND BUSINESS
To cancel or terminate the Company’s Residential or Business Service, you must contact our offices at 1.800.961.6856 and provide written notice at least ten (10) days before the end of the monthly term in which the notice is given. If you DO NOT notify Us that you are porting (moving) your phone number to a new phone company, FiberConX will turn off your Phone service and terminate billing at the end of the current billing term. If you DO notify Us that you are porting (moving) your phone number to a new phone company, FiberConX will be required to leave your Phone Service active until you or your new phone company notify Us that the port-away has completed. The phone service must remain active until the port-away has occurred or your phone number may be lost. Once we’re notified that the port-away has completed, FiberConX will turn off your Phone Service and terminate billing at the end of the current billing term.
If you are canceling Service it is your responsibility to notify Us if you have requested FiberConX to port your number from another company and it has not yet completed the porting process. The Company will attempt to cancel the porting of your number to FiberConX once you’ve notified Us of your intent to cancel. If the porting has completed, it is your responsibility to notify your new phone provider to port your number from Us.
For Residential Services, We reserve the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in Our sole and absolute discretion. If We discontinue the Service generally, or terminate your Service without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If your Service is terminated on account of your breach of any provision of this Agreement, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable.
For Business Services, We reserve the right to suspend or discontinue the Service generally, or to terminate or suspend your Service for failure to rectify a violation of the Service Agreement within 7 days after receiving notice thereof from the Company. If We discontinue the Service generally, or terminate your Service, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If your Service is terminated on account of your failure to correct any breach of any provision of this Agreement, you will be responsible for charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable. Service may be suspended by the Company without prior notice if necessary to comply with applicable laws or to preserve the integrity of service to other Customers. If service is suspended without prior notice, the Company will use reasonable efforts to notify Customer of the suspensions and the reason for suspension within one (1) business hour of suspension.
SERVICE REQUIREMENTS AND AVAILABILITY
You must supply certain equipment and facilities, such as a phone handset or equivalent, installed phone or network cabling and termination outlets, and a powered electrical outlet. You are responsible for supplying and ensuring that the equipment you supply is compatible with the Service and meets federal and other applicable standards. You represent that you either own your equipment or have the right to use that equipment in connection with the Service. The Company shall have no obligation to provide, maintain, support or service your equipment. If your Internet Access Service is terminated, suspended or disconnected for any reason, the Service will not be available until you re-establish your Internet Access Service with your Internet Service Provider.
For the Services (including E9-1-1) to work, the Customer is responsible for providing: the supply of electrical power; and performing proper maintenance of all FiberConX provided equipment as well as any customer provided equipment connected to, or supporting the Services at the Customer location, including the replacement of any batteries, and contacting FiberConX for technical service when prompted to do so or as required, unless otherwise specified by the FiberConX.
FEES, TAXES AND OTHER CHARGES
We publish on our website, https://FiberConX.com, an explanation of the taxes and fees for this service. These fees and charges may change from time to time and vary depending on Federal, Provincial, and Municipal rules & regulations. If you make calls to international locations, then International rates will apply. Please visit https://FiberConX.com for the current International rates.
9-1-1 EMERGENCY SERVICES
Carefully read the information below. By acceptance, and use, of the VOIP Service you acknowledge and accept any limitations of 9-1-1/E9-1-1 service, and you agree to convey these limitations to all persons who may place calls over the VOIP service. If you have any questions about 9-1-1/E9-1-1, call 1.800.961.6856.
LIMITATIONS ON 9-1-1 EMERGENCY SERVICE: The VOIP Service includes Enhanced 9-1-1 functionality (“E9-1-1”) that may differ from the Basic/Traditional 9-1-1 or the Enhanced 9-1-1 function furnished by other providers. As such, it may have certain limitations. E9-1-1 service includes transmission of your telephone number, and location/address information you provide to FiberConX about the physical location of the equipment and facilities that are used to provide your VOIP Service (“Registered Location”). When you dial 9-1-1, your emergency services call will be routed to the applicable Public Safety Answering Point, or other applicable emergency services call center, or local emergency authority (“PSAP”). If the PSAP is capable of receiving your telephone number and Registered Location (“E9-1-1 Information”), such information will also be conveyed to the PSAP when you dial 9-1-1.
REGISTERED LOCATION: USE OF THE VOIP SERVICE FROM A LOCATION OTHER THAN YOUR REGISTERED LOCATION MAY CAUSE YOUR 9-1-1 CALL OR E9-1-1 INFORMATION TO BE ROUTED TO THE WRONG PSAP, MAY CAUSE EMERGENCY RESPONSE PERSONNEL TO BE DISPATCHED TO THE WRONG ADDRESS, AND MAY RESULT IN OTHER PROBLEMS WITH ACCESSING AND OBTAINING EMERGENCY SERVICES, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO RECEIVE EMERGENCY SERVICES. AS A RESULT, YOU MUST UPDATE YOUR REGISTERED LOCATION WITH FIBERCONX BEFORE USING THE VOIP SERVICE AT A NEW LOCATION. TO UPDATE YOUR REGISTERED LOCATION, CONTACT FIBERCONX AT 1.800.961.6856 OR AT https://FiberConX.com
EVEN IF YOU USE THE VOIP SERVICE FROM YOUR REGISTERED LOCATION, TRYING TO CALL 9-1-1 OR OBTAIN EMERGENCY SERVICES THROUGH A 9-1-1 CALL MAY FAIL FOR A NUMBER OF REASONS, INCLUDING:
A) POWER FAILURE – IF THERE IS A POWER OR INTERNET OUTAGE OR INTERRUPTION, YOU WILL NOT BE ABLE TO USE THE VOIP SERVICE FOR ANY 9-1-1 OR OTHER EMERGENCY CALLS (AFTER SUCH AN EVENT, YOU ALSO MAY NEED TO RESET OR RECONFIGURE THE EQUIPMENT BEFORE YOU CAN CALL 9-1-1).
B) TERMINATION OR SUSPENDED SERVICE – IF YOUR VOIP SERVICE OR INTERNET ACCESS SERVICE IS INTERRUPTED, SUSPENDED OR CANCELLED FOR ANY REASON (INCLUDING DUE TO TECHNICAL PROBLEMS, YOUR FAILURE TO PAY FIBERCONX, OR TERMINATION OF THIS VOIP SERVICE AGREEMENT), YOU WILL NOT BE ABLE TO USE THE VOIP SERVICE TO CALL 9-1-1;
C) TRANSFERRED NUMBER – AS DESCRIBED FURTHER BELOW, IF YOU TRANSFER A TELEPHONE NUMBER FROM YOUR TRADITIONAL TELEPHONE SERVICE, THERE MAY BE A DELAY OR INTERRUPTION IN YOUR ABILITY TO USE THE VOIP SERVICE TO CALL 9-1-1;
D) UPDATED LOCATION INFORMATION – AS DESCRIBED FURTHER BELOW, IF YOU USE THE VOIP SERVICE AT A NEW REGISTERED LOCATION, IT MAY TAKE SEVERAL DAYS AFTER YOU NOTIFY FIBERCONX OF THE NEW REGISTERED LOCATION BEFORE 9-1-1 CALLING OR E9-1-1 FUNCTIONS WILL BE AVAILABLE; AND
E) TECHNICAL LIMITATIONS – NETWORK CONGESTION, RADIO INTERFERENCE, WEAK WIRELESS SIGNALS, OR OTHER CAUSES OF REDUCED INTERNET ACCESS SERVICE PERFORMANCE MAY PREVENT YOU FROM USING THE VOIP SERVICE TO CALL 9-1-1 OR MAY DELAY THE ROUTING OF YOUR 9-1-1 CALL OR E9-1-1 INFORMATION. YOU SHOULD NOT RELY ON THE VOIP SERVICE AS YOUR PRIMARY METHOD TO OBTAIN EMERGENCY SERVICES. IF YOU DO NOT FEEL COMFORTABLE WITH THESE LIMITATIONS, WE SUGGEST YOU MAKE ALTERNATIVE METHODS AVAILABLE TO CALL 9-1-1 OR OTHERWISE OBTAIN EMERGENCY SERVICES, SUCH AS THROUGH A TRADITIONAL TELEPHONE LINE OR A MOBILE PHONE.
LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT FIBERCONX WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE, INABILITY TO DIAL 9-1-1, AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FIBERCONX AND ITS ASSOCIATED PARTIES FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICES RELATING TO THE FAILURE OR OUTAGE OF THE SERVICES, INCLUDING THOSE RELATED TO 9-1-1/E9-1-1. YOU ACKNOWLEDGE THAT YOU ARE AWARE OF AND UNDERSTAND THE FOREGOING LIMITATIONS AND AGREE TO ADVISE ALL PERSONS WHO MAY CONDUCT CALLS USING YOUR VOIP SERVICE OF THE SAME.
“REVERSE 9-1-1” SERVICE: “Reverse 9-1-1” service is a telephonic community notification system that may be used to deliver outbound messages in the event of an emergency. The system employs a combination of database and mapping technologies to allow emergency responders to pinpoint a specific geographic area and deliver the appropriate message to residents in the affected area. Certain systems have the ability to call both listed and unlisted phone numbers. Subscribers should contact their local public safety agencies to determine if the number used in the provision of the VoIP Service can be registered with the local public safety agency. The technical limitations associated with the provision of Reverse 9-1-1 service are due entirely to the local public safety agency’s network and systems capabilities. The Company shall not be liable for any failures, loss of service, interference, or incompatibility of the VoIP Service and any Reverse 9-1-1 service offered by local public safety agencies. Further, the Company offers no warranties, either express or implied, as to the availability of such Reverse 9-1-1 services, or their compatibility with the Service.
You shall use the Service and the Device only for lawful purposes. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, We determine that you have used the Service or the Device for an unlawful purpose. In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If We believe that you have used the Service or the Device for an unlawful purpose, We may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, FiberConX will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, We determine that you have used the Service or the Device in any of the aforementioned ways. In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. In addition, FiberConX will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
The Company has no obligation to monitor the Service or any User’s use thereof or retain the content of any User session. However, the Company reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. The Company reserves the right to implement reasonable network management practices to ensure service quality levels are maintained.
You agree not to share (or re-sell) the Service with anyone not residing at the Service address.
The Service may be used only at the Registered Location you provide to the Company. If you wish to relocate the Equipment, you must contact the Company for information on Service availability at the new location. If the Service is available at your new location, you must update and register the new location with the Company in order to update our records for the Service and help make 9-1-1 services and E9-1-1 features available to you. If Service, 9-1-1 calling or an E9-1-1 feature is not available at the new location, your Service will be terminated or suspended until you return the Equipment to a location with Service, 9-1-1 and E9-1-1 availability and provide Us updated information for the new location. Using or moving, or attempting to use or move, the Equipment or Service to a location without complying with this Section is a violation of this Service Agreement and you do so at your own risk.
LOCAL NUMBER PORTABILITY
If you are transferring your existing phone number from another service provider for use with the Service, the following terms and conditions also shall apply:
A) You will cooperate fully with the Company and provide promptly all information, including a letter of authorization or other documentation, as requested by the Company in connection with the processing of your order for Service;
B) You authorize the Company to notify your current telephone service provider of your decision to switch your local, local toll, toll free and long distance services to the Service, and you represent you are authorized to take such actions;
C) You acknowledge that if you set up the Service prior to the date that the number switch becomes effective (the “Port Effective Date”), you may be able to place outgoing calls but not receive incoming calls over the Service, and may not be able to make 9-1-1 or other emergency calls over the Service, until the Port Effective Date (in such a case, you should keep another phone connected to an existing phone extension at your service location to receive incoming calls until the Port Effective Date); and
D) You acknowledge that if the Service is not yet activated as of the Port Effective Date, your existing phone service for the number you are transferring will be disconnected and you will have no service for that line. To help avoid an interruption in your phone service, you should install the Service prior to, or on, the Port Effective Date. An estimate of the Port Effective Date may be sent to you by the Company following your completion of the ordering process, but this is only an estimate and not a guarantee of the Port Effective Date; and
E) You acknowledge that the Company may use call detail, and customer proprietary network information, for all lawful purposes, including but not limited to actions related to the initiation, rendering, billing and collection of the Service. Further, such actions also include the use of such information for the purposes of testing, verifying, and otherwise assuring that the Service is delivered to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CLAIMS, DAMAGES, LOSSES OR LIABILITIES, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATED TO:
A) DEVELOPING, INSTALLING, OPERATING, PROVIDING, IMPLEMENTING, MAINTAINING OR PARTICIPATING IN A 9-1-1 EMERGENCY TELEPHONE SYSTEM OR SIMILAR EMERGENCY SYSTEM OR ENHANCED 9-1-1 TELEPHONE SERVICE, INCLUDING WITHOUT LIMITATION (i) RECEIVING, DEVELOPING, COLLECTING, OR PROCESSING INFORMATION FOR E9-1-1 DATABASES, (ii) RELAYING, TRANSFERRING, OPERATING, MAINTAINING, OR PROVIDING 9-1-1 OR E9-1-1 SERVICES OR SYSTEM CAPABILITIES, OR (iii) PROVIDING EMERGENCY TELEPHONE AND RADIO COMMUNICATIONS FOR AMBULANCE, POLICE AND FIRE DEPARTMENTS;
B) INTERFERENCE OR INCOMPATIBILITY WITH OR DISRUPTION OF ANY NON-VOICE SYSTEMS, WHETHER CAUSED BY THE VOIP SERVICE, INTERNET ACCESS SERVICE, ANY EQUIPMENT, OR OTHERWISE;
C) ANY LACK OR BREACH OF SECURITY YOU OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE VOIP SERVICE; OR
D) USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK USES.
E) Our liability under this agreement will not exceed the Service charges for the affected time period. The Company will not be responsible for third-party fees or charges, including but not limited to, banking fees, overdraft fees, cellular phone or other wire line charges, technician charges, or other similar charges.
F) This Section Limitation of Liability, will survive termination or expiration of this Service Agreement, whether terminated by you or the Company, for any reason.
TOLL FREE CALL PLANS
Toll Free inbound service is available to all Customers in Canada and the USA and is charged based on the number of inbound call minutes used.
INBOUND LOCAL CALL PLANS
The Company’s Residential & Business Plans offer unlimited local inbound calling from Canada and USA.
OUTBOUND LOCAL CALL PLANS
The Company’s Residential Plans are intended for residential use only and include the use of 2 simultaneous channels and a maximum aggregate of 2,500 outbound minutes per month, unless previous arrangements have been agreed to. Usage beyond 2,500 outbound minutes will be charged at the Overage Rate of 1.75 cents per minute. This does not include International calling.
The Company’s Business Plans are intended for commercial/business use and include the use of 10 simultaneous channels and a maximum aggregate of 5,000 outbound minutes per month, unless previous arrangements have been agreed to. Usage beyond 5,000 outbound minutes will be charged at the Overage Rate of 1.75 cents per minute. This does not include International calling.
The Company utilizes, in part, the public Internet and third-party networks to transmit voice and other communications to and from the User. The Company is not liable for any lack of privacy which may be experienced with regard to the Service. Furthermore, the Service is offered over a platform that does not allow for the Company to encrypt the voice signals delivered over its network. Finally, the Company can not guarantee, or protect, against the possibility that third parties may improperly attempt to capture signals, or communications, sent over the network.
BY USING THE FIBERCONX TELEPHONE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT USE THE SERVICE.