Terms of Service
By signing a Service Agreement or using by the Services, you represent that you have read and fully under the Terms of Service of this Agreement and agree that the Terms of Service becomes a legally binding contract between you and PhoneTek Inc. an Federal corporation and its subsidiaries, affiliates, agents and/or licensors. In addition to the representations, warranties and agreements you make under these Terms of Service, you specifically agree that you are authorized to sign for and bind the Customer named herein. You confirm that the information that you have provided to PhoneTek Inc. is true to the best of your knowledge. These Terms of Service supersedes all prior communications written or oral between PhoneTek Inc. and you with respect to the Services. The use of the Services are subject to PHONETEK’s, Terms of Service, PHONETEK’s Softphone User Terms of Service, Acceptable Use Policy and Number Porting Policy.
“Services” are any and all of the PHONETEK Office, PHONETEK Office SIP, Virtual Mobile Office, Virtual Office Fax, Meet Me Conferencing and Toll Free services and related product offerings provided by PhoneTek Inc. Inc. “PHONETEK”. “You” means the subscriber to any Services including any person, firm, corporation or other entity that utilizes the Services. “Equipment” means the equipment provided to you by PHONETEK for the purpose of providing and facilitating the Services.
2. Product Descriptions, Plans, Pricing and Availability
1. Product Description: PHONETEK strives to describe its products and services as accurately as possible, however it does not warrant that information, service and
product description, service or product availability or any other content on it’s website is accurate, complete, reliable, current or error free. When PHONETEK discovers an error on its website it will correct the error. PHONETEK reserves the right to provide services at the correct price and with accurate features.
2. Plans: PHONETEK reserves the right to add, modify or discontinue plans, service and/or products at anytime.
3. Use of Service: In order to use PHONETEK’s Service, you agree, at your sole expense to; i) provide and be responsible for payment for all equipment necessary to establish a connection to the Internet; ii) provide for access to the Internet and pay for any Internet connection service fees, associated with such access; iii) ensure that
sufficient Internet bandwidth is available to support the number Services
purchased from PHONETEK.
3. Term and Termination
1. Service is offered on a month to month basis unless a specific service term has been indicated on the Service Agreement and ends on the same date as the service was activated or installed. Subsequent terms of this Agreement will automatically renew for the same term as the initial agreement, unless you give us written notice of your intent not to renew at least one month prior to the end of your term.
2. If You attempt to disconnect Service prior to the end of the designated service term, you will be responsible for charges equivalent to the balance of the service term, including, without limitation, unbilled charges, plus a disconnection fee, if applicable, all of which becomes immediately due and payable
4. Use of Services and Responsibility for Charges
1. Lawful Use: You may use the Services and Equipment for any purpose, provided that you do so in compliance with all applicable laws and regulatory requirements in Canada, United States or the law governing the locality where You are using the Equipment. PHONETEK in its sole discretion reserves the right to terminate the Service immediately and without advance notice if PHONETEK, in its sole discretion, believes that You have violate this clause. You are responsible for paying all charges for the Services, including all monthly fees, and related services made via your telephones or telecommunications systems. If you subscribe to other Services offered by PHONETEK you will be governed by the Terms of Service for that specific Service.
2. Theft of Service: You shall not use the Service in a manner calculated to avoid PHONETEK policies and procedures. You shall not obtain or use the services in an improper manner. You shall notify us immediately in writing or by calling our customer support line, if the device has is stolen or if you become aware at any time that your service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write you must provide your account number and a detailed description of the device theft, fraudulent use or unauthorized use of the service. Failure to do so in a timely manner may result in the disconnection of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the service using a device stolen from you and any and all stolen, fraudulent or unauthorized use of the service. PhoneTek Inc. reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.
5. Charges, Fees and Credits
1. General: You are responsible for paying in full for all charges as a result of the use of PHONETEK services. These charges includes but not limited to service charges, long distance charges, directory assistance, overage fees, administrative fees, taxes and government fees. You are solely responsible for all acts or omissions that occur under your account and/or user name/password, including the content of the transmission and usage charges.
2. Equipment Charges: Your account will be charged the cost of equipment, shipping, professional services fees (if applicable) along with the associated taxes upon the acceptance of your order.
3. Initial Service Charges: Seven days after your devices has been shipped, you will be charged the pro-rated rate for service up until our normal billing date plus one month’s service in advance.
4. NSF Fees: An administrative fee will be charged to any payment returned for non-sufficient funds (“NSF”). You must bring inquiries and disputes regarding charges to PHONETEK’s attention within 45 days of the charge date or you will be deemed to have accepted the charge as accurate in all respects. You are responsible for the payment of all undisputed charges.
5. Plan Minutes: PHONETEK offers several service plans that includes monthly minutes. If you exceed the monthly minutes then the applicable overage fee may automatically apply.
6. Metered Calling Plan: PHONETEK offers several metered monthly plan. Each meteredcalling plan provide a toll-free and/or local telephone number and a fixed number of monthly minutes. When you exhaust your initial paid allotment of Plan credits, you will automatically purchase additional minutes when you use your Metered service. Additional minutes will be billed as “usage”. Any long distance traffic will be governed by the prevailing long distance rate. For international calling, international pricing will apply.
7. Cancelled Service: Where your Services are cancelled, either by you or by PHONETEK, and there is an undisputed credit balance on your account, you may, between the 60th and 180th day after cancellation, require that it be applied to any ongoing or new Services provided to you within 180 days of the cancellation, or that it be refunded to you. If you do not claim your credit balance within the 180 day period, it shall become the property of PHONETEK, and any account credits provided by PHONETEK will expire. PHONETEK reserves the right to charge a reasonable processing fee in connection with issuing refunds.
8. Payment Authorization: Any payment authorization you have provided to PHONETEK will remain valid for 60 days after the termination of service.
9. Fees and Charges: The amount of fees and charges applicable to services will be published at PhoneTekpbx.com and may change from time to time at our sole discretion. Notification of monthly invoices will be sent to you via the method identified on the service agreement. We reserve the right to bill at more frequent intervals if the amount you owe to us in at any time exceeds $50. Any usage charges will be billed in increments that are rounded to the nearest minute, except as otherwise set forth in the rate schedules found on our website.
10. International Calling: Because plans are quoted for Canada and US minute usage, any calls or fax transmissions are charged at PHONETEK’s prevailing international long distance calling rate.
11. Taxes, Charges and Fees: All Fees for Service are calculated exclusive of any federal, provincial, state, local, excise, value-added or similar taxes or fees. You
agree to pay any current or future taxes or similar charges, when they are invoiced to you by PHONETEK.
12. Late payment charge: A late payment charge of 1.00% per month will apply after 30 days from the invoice date if we have not received payment.
PHONETEK reserves the right to examine your credit record and to require a deposit or other security, including payment by credit card, before it provides, continues, or reinstates Services to you. By subscribing to the Services, you authorize PHONETEK to investigate your creditworthiness and agree, from time to time, to provide appropriate authorizations and financial information as PHONETEK may reasonably request for this purpose.
7. Return of Equipment
You are responsible for all return shipping charges for any hardware returned to PHONETEK for any reason, including situations in which hardware is covered under warranty. All equipment is to be returned in working order with original packaging. PHONETEK reserves the right to charge a fee of $50 per device if the equipment is returned in poor condition. (eg. missing parts, scratches, etc).
8. 911 Service
1. PHONETEK Services are VoIP services that operate and function differently than traditional voice services. You acknowledge and understand that the Service
operates and functions differently than traditional Telephone Services. There are Important differences between your regular land line Telephone service and the Service that are described in more detail in the 911 limitations agreement.
2. It is your responsibility to ensure we have your correct municipal address and if you move or change your municipal address to update your correct address by logging into your account on our website. If you are traveling with your PHONETEK Services device, 911 service may not operate properly or may not be able to help you.
3. YOU ACKNOWLEDGE AND AGREE THAT PHONETEK ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS, WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING TO THE 911 SERVICE RELATED TO PHONETEK SERVICES AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PHONETEK (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS) FOR ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES AND EXPENSES, (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) WHICH YOU OR ANY THIRD PARTY MAY SUFFER OR INCUR, ARISING DIRECTLY OR INDIRECTLY OUT OF OR RELATING TO YOUR FAILURE TO OBTAIN.
9. Service Limitations
1. Receiving collect calls, casual long distance calling, 1-976 and 1-900 calls are currently not available for this Service.
2. Your direct dialed long distance calls that are not a part of a plan will be carried on PHONETEK’s long distance service at the rate plan selected as part of your service package.
3. The ability to make a collect call or use a calling card is provided by a third party service provider, that will be solely responsible for all rates and billing.
10. PHONETEK’s Right to Refuse to Provide Services
PHONETEK may at its sole discretion refuse to provide Services to you without notice and without any direct or indirect liability where: PHONETEK has reason to believe the account will be use for fraud or illegal purposes.
11. Service Interruption
PHONETEK may interrupt your Services at any time for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary
maintenance on the telecommunications equipment, facilities or network, or for other technical reasons as may be required.
12. PHONETEK’s Liability
1. PHONETEK does not guarantee uninterrupted operation of the Services, or of its equipment, facilities, connections or network. PHONETEK’s liability for negligence, breach of contract, tort or other causes of action, or any loss, omissions, delays, errors, defects or failures in the Services, equipment or facilities, or for any other action
or inaction of PHONETEK, is limited to a refund of charges for the affected Services proportionate to the length of time the problem existed, upon request. Under no circumstances shall PHONETEK be liable for any indirect, special, consequential, exemplary or punitive damages whatsoever, including any interruption of business or lost profits, even if such damages were reasonably foreseeable.
2. PHONETEK is not liable for:
1. any disruption or unavailability of the Services;
2. any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or service);
3. your conduct, acts or omissions, or the operation or failure of your equipment or facilities;
4. any event beyond the reasonable control of PHONETEK including acts of God, inclement weather including lightning, labor disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction; or
5. its failure, for any reason, to activate any Services on the activation date you requested; PHONETEK provides the Services to you as an independent contractor. The employees or agents of other participating carriers are not and shall not be deemed to be agents or employees of PHONETEK. There is no express or implied warranty or condition, whether of merchantability, fitness for a particular purpose, or otherwise, with respect to any Services, product or equipment provided to you by PHONETEK. In subscribing for the Services, you obtain no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the
13. Your Liability
1. You agree to indemnify and hold harmless PHONETEK against all claims, including fees and expenses of counsel, resulting from your use (or the use by others with your
explicit or implicit consent) of the Services, your codes, facilities or equipment, which causes direct or indirect damage or harm to another party or to the property
of another. You must not use, in any manner or circumstances whatsoever, PHONETEK’s, trade-marks, trade names, logos or designs, and you have no authority to act on behalf of any of these companies.
2. For musical and messages provided by PHONETEK’s “music on hold” service provided as part of its Services, PHONETEK will ensure that any copyright royalties payable to any applicable artists rights association, including but not limited to “SOCAN” “NRCC”, “BMI”, “SESAC” and “ASCAP” in relation to the supply of “music on hold”. You agree to indemnify and hold harmless PHONETEK against all claims, including fees and expenses of counsel, resulting from your use (or the use by others with your explicit or
implicit consent) of the Services, your codes, facilities or equipment, which causes direct or indirect damage or harm to another party or to the property of another. You must not use, in any manner or circumstances whatsoever, PHONETEK’s, trade-marks, trade names, logos or designs, and you have no authority to act on behalf of any of these companies.
14. Suspension or Termination of Services by PHONETEK
Without incurring any liability whatsoever, PHONETEK may immediately suspend or terminate any or all of the Services where you:
1. fail to pay an account that is past due, or you provide payment which is NSF or payment by cheque which is not honored by your bank;
2. fail to meet PHONETEK’s credit requirements, or you become bankrupt or otherwise insolvent;
3. violate any provision of these General Terms of Service;
4. use or permit others to use any of the Services for a purpose or in a manner that is contrary to law (including decisions, rules or orders of the CRTC, FCC and/or any other regulatory body); or for the purpose of making harassing, threatening, abusive, annoying or offensive calls;
5. charge or allow others to charge any other person for the use of the Services without PHONETEK’s prior written agreement;
6. harass, threaten or otherwise act unreasonably towards PHONETEK, its employees or agents, or in relation to the Services, including without limitation, by making numerous unwarranted requests for credits;
7. alter or otherwise interfere with PHONETEK’s facilities or equipment, or fail to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the Services, or PHONETEK’s equipment, facilities or network;
8. fail to provide payment for other accounts with PHONETEK; or
9. suspended or terminated by PHONETEK without it incurring any liability whatsoever:
10. immediately upon Your filing of a bankruptcy petition or similar proceeding under the laws of any jurisdiction, or upon You becoming insolvent or making any assignment for the benefit of creditors, or upon the dissolution, liquidation, or appointment of a receiver of Your property or where any law prohibits PHONETEK from providing services;
11. upon providing your forty-eight (48) hours notice where possible, where you use or are reasonably suspected by PHONETEK of using the services in a fraudulent or illegal manner, or you fail to meet PHONETEK’s credit requirements, or you fail to make full payment of your invoice.
15. Number Ownership
Vanity Number: For a fee PHONETEK may attempt to secure a specific telephone number requested by you, however PHONETEK can not guarantee that the requested number(s) will be available. The fee is applicable, regardless of if the requested number(s) were secured. You should not order any printed material or advertise the number until the service is active. PHONETEK will not be liable for reimbursement for any loses occurred by you for printing or advertising expenses.
Number Portability: Number porting is subject to PHONETEK’s Number Porting Policy.
Changes in Telephone Numbers: From time to time PHONETEK may be required to change your telephone number(s) assigned to you due area code splits, number exhaust or any other regulatory reason. You acknowledge that PHONETEK will not be responsible for any expenses incurred by you due to a change in telephone number. PHONETEK will provide as much notice as is reasonably possible prior to any change.
16. Your Right to Cancel
PHONETEK permits you to cancel your Services at any time by contacting PHONETEK’s Customer Service. You will be responsible for all charges incurred up to the effective cancellation date, which may be later than the requested cancellation date due to administrative requirements. Further if you have entered into a term with PHONETEK for Your Services other than a monthly term, further charges may apply, see paragraph (3) above.
17. Changes, Modifications or Termination of Plans or Plan Features
Without incurring liability, PHONETEK may at any time and without notice to you, change, modify or terminate any plan or plan features, in whole or in part (including the rates or charges). In the event of any such change or modification, you will be responsible for paying all charges incurred for the use of such Services despite the change or modification, both before and after the date thereof. In the event of a termination of a plan or plan feature, you will be responsible for paying all charges incurred up to the applicable termination date.
18. Customer Confidentiality
Unless you consent in writing, or disclosure is pursuant to a legal power, all information
kept by PHONETEK about you, other than your name, address and telephone number, is confidential and may not be disclosed by PHONETEK to anyone other than:
1. to you;
2. a person who, in the reasonable judgment of PHONETEK, is seeking the information as your agent;
3. another company involved in supplying the Services provided the information is required for the efficient and cost-effective provision of Services and disclosure is made on a confidential basis with the information to be used only for that purpose;
4. disclosure pursuant to a requirement or request of a government agency, subpoena or other legal proceeding, or disclosure required bylaw.
20. Customer Service
You may contact our Customer Service for information, inquiries or concerns regarding the Services, or other PHONETEK services or products, your account or any other matter relating to PHONETEK, seven days a week, at 1-866-836-9383. You may also write to PHONETEK at:
121 Granton Drive, Unit 7, Richmond Hill, ON L4B 3N4
20. General Terms of Service
These General Terms of Service are binding upon you and on PHONETEK and are subject to change from time to time. You cannot assign or transfer your rights or obligations under these General Terms of Service without PHONETEK’s prior written consent. These General Terms of Service shall be governed by the laws of the Province of Ontario, Canada. These General Terms of Service are available in French at your request. Les presents Conditions disponibles en franÃƒÂ§ais sur demande.
Additional Terms of Service for Soft phone users
You may use a soft phone with PHONETEK Services service provided by PHONETEK or sourced from a third party. These terms of service below is applicable for soft phone users in addition to the terms of service applicable to PHONETEK Office. In situations where there is a conflict between the PHONETEK’s Terms of Service and the Softphone users’ Terms of Service, the terms of service for soft phone user will be deemed to be valid when the soft phone is in use. 1. No 911 Dialing 1. Do not use a soft phone to call 911, instead use a mobile phone or landline to make this call. If you use your soft phone to dial 911, PHONETEK cannot guarantee that service will be available. You acknowledge that soft phones are not a substitution for landline based services.
Termination or Modification of Service
1. You may cancel your PHONETEK services with or without cause at any time by calling our customer care office.
2. You understand and agree that PHONETEK may from time to time and without notice
enhance, change or discontinue aspects of our Service, plans and/or pricing.
Acceptable Use Policy
PHONETEK’s Services are intended for normal business use. To ensure quality service to all users it is essential to establish an Acceptable Use Policy which forms part of PhoneTek Inc.’s Terms of Services.
Definitions: “Services” are any and all of the PHONETEK Office, PHONETEK Office SIP, Virtual Mobile Office, Virtual Office Fax, Meet Me Conferencing and Toll Free services and related product offerings provided by PhoneTek Inc. Inc. “PHONETEK”. “You” means the subscriber to any Services including any person, firm, corporation or other entity that utilizes the Services. “Equipment” means the equipment provided to you by PHONETEK for the purpose of providing and facilitating the Services.
1. We reserve the right to review usage of our unlimited calling offers to ensure customers are not abusing such plans. You agree to use our Service Plans for normal voice or fax calls and will not employ methods or devices to take advantage of them by using the voice or fax services excessively or for means not intended by PhoneTek Inc.. We may terminate service immediately if, PHONETEK in its sole discretion, you are abusing the unlimited calling offer. IF YOUR USAGE
EXCEEDS MORE THAN THREE (3) TIMES THE AVERAGE LEVEL OF USAGE OF PHONETEK’S OTHER CUSTOMERS YOU WILL BE IN VIOLATION OF PHONETEK’S FAIR USE POLICY.
2. For purposes of this policy and your plan, “unlimited usage” means the combined number of inbound and outbound voice minutes and faxing. We reserve the right to at anytime enforce this policy in accordance with its terms.
3. If at any time you exceed the number of minutes or pages in your plan you will be charged the applicable overage fee.
PHONETEK’s Services are only to be used for lawful purposes that you shall not use the services for any fraudulent, improper or abusive purpose or in any way interferes with PHONETEK’s ability to provide service to other customers or allowing other customers to use our service. Prohibited uses includes but is not limited to:
Â Behavior that contravenes any laws of Canada or the United States
Â Sending unsolicited and/or bulk messages or advertisement including voice mail and bulk faxes
Â Creating a false Caller ID or otherwise attempting to misrepresent the origin of any communications made with this service. Violating any Canadian, US or foreign laws regarding the transmission of technical data or information.
You will not attempt to gain unauthorized access to the Service, other accounts on the Service, through any means.
Â You will not interfere with other customers’ or third parties’ use of the service or do any activity that impacts PHONETEK’s ability to provide service to other customers.
By using PHONETEK Services, you understand and agree that:
Â You are solely liable for any transmissions sent through the service and that PHONETEK Telecom has no control over the content of any transmission.
Â You must abide by all applicable PhoneTek Inc. polices and agreements related to the services. You acknowledge that PHONETEK’s Terms and Conditions and Policies may
change from time to time due to regulatory or commercial reasons.
Â You are solely responsible for all acts or omissions that occur under your user account and password, including content of your transmissions through the Service. You further acknowledge that you are solely responsible for the security of the user name and password that is associated with the use of your VoIP Services and will notify PHONETEK immediately if you suspect that your account has been compromised.
PHONETEK Services are VoIP services that operate and function differently than traditional voice services. You acknowledge and understand that the Service operates and functions differently than traditional Telephone Services. There are Important differences between your regular land line Telephone service and the Service offering as set out in these limitations.
1. Definitions: “Services” are any and all of the PHONETEK Office, PHONETEK Office SIP, Virtual Mobile Office, Virtual Office Fax, Meet Me Conferencing and Toll Free services and related product offerings provided by PhoneTek Inc. Inc. “PHONETEK”. “You” means the subscriber to any Services including any person, firm, corporation or other entity that utilizes the Services. “Equipment” means the equipment provided to you by PHONETEK for the purpose of providing and facilitating the Services.
2. Basic 911 Service: Basic 911 Service is offered to PHONETEK Office and PHONETEK Office SIP customers in the “Area of Service.” The “Area of Service” is defined as all locations where PHONETEK’s local access numbers are provided in Canada and the United States.
3. Dialing 911: When you dial 911 from your PHONETEK Office and PHONETEK Office SIP phone you will be transferred to an operator for assistance. The operator will have your municipal address on file as per our records and direct your call to the local authorities based on your municipal address. You may be required to verbally
provide the operator with your location, so that the operator can route the call to the appropriate 911 response centre. If your municipal address is not in the Area
of Service, 911 service may not operate properly and/or may not be able to help you.
4. Correct Address on File: It is your responsibility to ensure we have your correct municipal address and if you move or change your municipal address to update
your correct address by contacting PHONETEK Support at 1 888 825 1860 and select option 2. If you are traveling with your PHONETEK Services device, 911 service may not operate properly or may not be able to help you. From you regular landline phone when you dial 911, the operator knows your physical location and can send the
authorities based on the location of the physical phone line. This may not the case with PHONETEK Services. PHONETEK Services customers can have service outages due to problems with their Internet Service Provider (ISP), Power failure, suspension of account due to billing or payment issues, and intermittent network failure. If there
is a service outage, 911 service will not be functional. For these reasons it is advisable to have an uninterruptible power supply (UPS) for the VoIP equipment
and a traditional wire line telephone service for 911 calls.
5. Soft Phone Use: A softphone is a software program form making telephone calls through VoIP and can be loaded on a mobile phone, computer or other device. It
is possible for you to use a softphone with PHONETEK services.
1. Do not use a soft phone to call 911, instead use a mobile phone or landline to make this call. If you use your soft phone to dial 911, PHONETEK can not guarantee that service will be available. You acknowledge that soft phones are not a substitution for landline based services.
6. YOU ACKNOWLEDGE AND AGREE THAT PHONETEK, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS, WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING TO THE 911 SERVICE RELATED TO PHONETEK SERVICES AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PHONETEK (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS) FOR ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES AND EXPENSES, (INCLUDING REASONABLE
LEGAL FEES AND EXPENSES) WHICH YOU MAY SUFFER OR INCUR, ARISING DIRECTLY OR INDIRECTLY OUT OF OR RELATING TO YOUR
FAILURE TO OBTAIN.