VoiceMailTel Inc. TERMS OF SERVICE
These terms of service constitute the agreement between VoiceMailTel Inc. (VoiceMailTel) with the offices in Canada: 460 Richmond Street West, Suite 101,Toronto, ON, M5V 1Y1, and United Kingdom: 72 High Street, Haslemere, Surrey, GU27 2LA, and the Customer (the Customer) of VoiceMailTel's digital telephone service (Service). The Agreement governs both the Service and all devices, such as Multimedia Terminal Adapter, Analogue Terminal Adaptor, Cable Modem or another IP connection device (Equipment) used in conjunction with the service, the Customer acknowledges that it has read and understood this Agreement and agrees to the terms and conditions of this Agreement. The Customer represents that it is of legal age to enter into this agreement agrees to be bound by its items, VoiceMailTel will have the right to suspend or terminal the Customer's use of the Service in the event of breach of this Agreement by the Customer including a failure to pay when due and monies owing by the Customer on account of the Service.
Service is offered on a monthly basis and will commerce from the earlier of: (1) the date that the installations complete; and (2) the date that the Customer receives the Equipment. Service will continue in effect until such time as the Customer notifies VoiceMailTel that it wished to terminate the Service and the Customer has returned the Equipment to VoiceMailTel. Payment in full for the Service is due monthly in advantage on the first day of each month. Termination of the Service does not relieve the Customer from liability for payment of all amounts owing in respect of the Service prior to termination of the Service.
1.2 Use of the Service
The Service is for business use only. For the purpose of this Agreement, "business service" means usage of local calling traffic that does not exceed 5,000 minutes per month and long distance service that does not exceed 1,000 minutes per month. The Service shall not be used for, and VoiceMailTel does not authorize the use of, the Service for: (1) continuous call forwarding, fax blasting, or any other activity that would be inconsistent with residential and small business usage patterns, as determined in the sole and exclusive opinion of VoiceMailTel; or (2) in an illegal, annoying or offensive manner. VoiceMailTel reserves the right to immediately or modify the Service, if VoiceMailTel determines, in its sole discretion, that the Customer I using the Service other than for business service or otherwise in a manner not permitted by the terms of this Agreement.
1.3 Lawful Use of Service and Device - Prohibited Uses
The Customer agrees to use the Service and the Equipment for lawful purposes only and permitted by the terms of this Agreement. For greater certainty, the Customer agrees not to use the Service or the Equipment for any purpose that in the sole judgment of VoiceMailTel: (1) would constitute a criminal offense, give rise to a civil liability, or otherwise violate applicable law; or (2) encourage conduct by others that would constitute a criminal offence, give rise to a civil liability, or otherwise violate applicable law. VoiceMailTel reserves the right to terminate the Customer's Service immediately and without notice if VoiceMailTel, in its sole discretion, determines that the Customer is in violation of the foregoing provisions of this Agreement. In the event of such termination, the Customer shall be liable for payment of all charges in respect of the Service to the end of the month in which the termination occurs. The Customer is responsible for any and all use of the Service and the Equipment by the Customer and buy any person using the Service or the Equipment made available to the Customers under this Agreement,. The Customer agrees to indemnity and save harmless VoiceMailTel from and against any and all claims and demands made against VoiceMailTel from use of the Service and the Equipment made available to the Customer hereunder.
1.4 Loss of Service due Power Failure or Internet Service Outage
The Customer acknowledges and understands that the Service will not function in the event of power failure. The Customer further acknowledges and understands that, in order to function, the Service requires broadband Internet connection. The Customer will continue to be billed d by VoiceMailTel for the Service, notwithstanding interruption of Service arising from power failure or other interruption of access to the internet, unless and until the Customer or VoiceMailTel terminates the Service in accordance with the Terms of this Agreement. A power failure or other disruption to the Internet access may require the Customer to reset or reconfigure the Equipment in order to re-establish the Service.
1.5. Copyright/ Trademark/ Unauthorized Usage of Equipment, Firmware or Software
The Service, the Equipment and any firmware or software used by VoiceMailTel in the provision of the Service or used by the Customer in using the Service, whet ether embedded in the Equipment or otherwise, and all names, trademarks, information, documents and materials on the website maintained by VoiceMailTel are the propriety of VoiceMailTel. Nothing herein grants to the Customer any right or license to use such names, trademarks or other information without the consent of VoiceMailTel except in accordance with the Terms of this Agreement. The Customer acknowledges that the Customer is not given any right or license to use the firmware or software used in the provision of the Service, or embedded in the Equipment, other than a non-transferable, revocable license to use such firmware or software in object code form strictly in accordance with the terms and conditions of this Agreement. The customer expressly agrees that the Equipment is exclusively for use in connection with the Service and that VoiceMailTel is under no obligation to provide to the Customer any password, code or other information to enable the Customer to use Equipment for any other purpose other than in accordance with the terms of this Agreement. The Customer agrees that it does not have the right to reverse compile, disassemble or reverse engineer any firmware or software used in the provision of the Service or otherwise attempt to derive the source code from the binary code of the firmware or software.
1.6 Tampering with the Equipment or Service
The Customer agrees that it will not change the electronic serial number or equipment identifier of the Equipment or perform a factory reset of the Equipment, without express written consent of VoiceMailTel. VoiceMailTel reserves the right to terminate this Agreement and the Service in the event that the Customer tampers with the Equipment. In the event of such termination, the Customer hall be responsible for all amounts owing in respect of the Service to the end of the month in which the termination occurs, including without limitation a disconnect fee. All of which shall be immediately due and payable in full. The Customer agrees not to do anything that could result in a disruption of the Service or make use of the Service in any manner that is inconsistent with its intended purpose in accordance with the terms of this Agreement.
1.7 Loss, Theft or Damage to Equipment
The Customer agrees to immediately notify VoiceMailTel in writing, or by calling VoiceMailTel's technical support line, if the Equipment is stolen or if the Customer at any time becomes aware of any unauthorized use of the Service. VoiceMailTel shall have the right to terminate this Agreement and the Service if the Customer fails to notify VoiceMailTel in a timely manner of the theft of the Equipment or any unauthorized use of the Service during the term of this Agreement and so long as the Equipment is in the Customer's possession, the Customer shall remain liable for all use of the Service and shall be responsible for all costs incurred in connection with any loss, theft or damage to the Equipment including without limitation, the full cost of replacing the Equipment.
1.8 Return of the Equipment
Immediately upon termination of this Agreement for any reason whatsoever, the Customer agrees to return the Equipment, in good condition subject to reasonable wear and tear, to VoiceMailTel. Until such time as the Equipment is returned to VoiceMailTel, the Customer shall remain responsible for all monthly fees and charges payable for Service. Any costs associated with returning the Equipment are the Customer's responsibility.
1.9 Service Distinction
The customer acknowledges and understands that the Service is not a traditional telephone service. Important distinctions exit between traditional telephone service and the Service.
2. Termination of Service
You may terminate this Agreement at any time in accordance with the immediately following procedure. You must give such notice of termination by sending an e-mail to our Billing Department or by calling us at 1-877-786-4231. We will reply to your e-mail to confirm that your termination notice was received. If you don't receive a reply to your e-mail, your termination notice may not have been received by us. Because minutes are paid in arrears, a final payment for minute usage will be processed on your next billing date after termination.
VoiceMailTel reserves the right to suspend or discontinue offering the Service to terminate the Customer's Service, at any time in it's sole discretion. Upon termination, and at our sole discretion, the fees for our services (e.g. the current month's charges less minutes usage) may be refunded to you.
If you fail to pay any amount owed to us within 5 days after the due date, or if you have in the past failed to pay amounts due to us, or if you breach any representation to us or fail to perform any promises you have made in this Agreement, or if you are subject to any proceeding under the Bankruptcy Act or similar laws, you will be in default and we may, in our sole discretion and or without prior notice, restrict or terminate Services and/or terminate this Agreement, in addition to all other remedies available to us.
Upon termination of this Agreement and/or your Services, your right to use Services immediately ceases. You shall have no right and we will have no obligation thereafter to forward any unread or unsent messages to you or any third party. We may require reactivation charges to renew Services after termination or suspension.
Upon termination, you are responsible for paying all amounts and charges owing under this Agreement.
Should your credit or debit card decline for any reason, we will attempt to charge it again in 5 (five) days. If the third attempt to bill your credit card or debit card is unsuccessful on the 10th (tenth) day, your account will be terminated and we will notify such termination by email, by message sent to your voicemail box or by telephone.
Accounts will be terminated if we are not able to confirm an order by phone and do not receive any replies from the account holder. A credit or debit card authorization form will be required to reactivate such accounts.
The Customer is responsible for payment of all applicable taxes, fees or charges imposed from the time upon the Service provided o the Customer.
3. Warranty and Liability limitations/ Indemnifications
3.1 Limitation of Liability
VoiceMailTel shall not be liable for any interruption or degradation of voice quality that is caused by any of the following:
1. Act or omission of an underlying carrier, service provider, vendor or other third party 2. Equipment, network or facility failure including as a result of a defect in the Equipment 3. Equipment, network or facility upgrade or modification 4. Natural causes and acts of God including strikes, fire, war, riot and government actions 5. Equipment, network or facility shortage 6. Equipment or facility relocation 7. Service, equipment, network or facility failure caused by loss of power to the Customer 8. Outage of the Customer's IP or broadband service provider 9. Act or omission of Customer or any person using the Service or Equipment in violation of this Agreement, or 10. Any other cause that is beyond the control of VoiceMailTel.
3.2 Disclaimer of Damages
In no event shall VoiceMailTel, its officers, directors, employees or agents or any other service provider who furnishes services to the Customer in connection with this Agreement or the Service be liable for any direct, incidental, indirect, punitive, exemplary or consequential damages, or for any other damages, including but not limited to loss of data, loss of revenue or profit.
VoiceMailTel and the provision and use of the Service utilize, in whole or in part, the Internet and third party networks to transmit voice and other communications. VoiceMailTel is not liable for any breach of privacy experienced by the Customer arising from the Customer's use of the Service.
5. Entire Agreement
This Agreement constitutes the entire agreement between the Customer and VoiceMailTel governing the Customer's use and the Equipment and supersedes all prior agreements, representations and understandings between the Customer and VoiceMailTel.