TERMS FOR TELEPHONE SERVICES

Table of Contents

General

These Terms and Conditions (“Agreement”) govern the use of the Telephone services (“Service” or “Services”) that are made available by Totalconnect Telephone Company Ltd. (“Totalconnect”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between Totalconnect and the individual or entity subscribing to our service(s) (“Customer”, “Customers” or “you”).

PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Totalconnect may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Totalconnect believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

Totalconnect may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Customers upon posting of the modified Agreement to this web address: http://dev.totalconnect.ca/telephone-services-terms. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

CUSTOMER’S NON-TERMINATION OR CONTINUED USE OF THE SERVICE(S) AFTER CHANGES ARE POSTED ON THIS WEBSITE SHALL CONSTITUTE CUSTOMER’S ACCEPTANCE OF THE TERMS OF SERVICE AS MODIFIED BY THE POSTED CHANGES.

Services

Totalconnect provides a telephony service which utilizes an Internet connection to make and receive telephone calls. Various services are available which include telephone numbers, outbound calling, call plans as well as an array of advanced telephony features.

Totalconnect offers Customers telecommunications services for the duration of the service term purchased from Totalconnect.

Services are provided on the basis of facility and equipment availability. Totalconnect reserves the right not to provide one or more Services where necessary facilities or equipment are not available, or for any other reason.

All services are terminated upon expiry of the Service.

VoIP Calling

Call destinations mentioned on Totalconnect Packages include mobile and landline destinations and exclude personal and premium rate numbers (unless mentioned otherwise).

Outbound calls and inbound calls to and from the PSTN network respectively, are limited to 2 (two) concurrent calls unless otherwise specified.

In the case of the user call records for outgoing PSTN calls, Totalconnect will allow online retrieval of all call records from the past 90 (ninety) days only.

Price and availability information is subject to change without notice.

Emergency Calls – E911

Emergency calls (911) are available with the Totalconnect service only once customers have registered an address. Details and terms for Emergency Service calls (911) are available here: http://dev.totalconnect.ca/e911/

Service Fees / Payments / Invoices

All Totalconnect fees and charges are quoted and billed in Canadian Dollars unless otherwise noted.

Totalconnect uses an automated payment processing system and only accepts credit card payments at this time. All Customers are required to provide Totalconnect with valid a credit card number for the processing of any applicable service fees.

Totalconnect has the right to close/block Totalconnect accounts that we suspect to be fraudulent and proof of identification maybe requested to verify users.

Totalconnect may take any reasonable action to validate your credit card and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.

Services provided to Customers who have listed a Canadian address are subject to applicable taxes.

A minimum contract period is applicable to all Totalconnect subscription services. The minimum contract term is the minimum period for which the customer must remain on and is liable for payment of their Totalconnect service from the time it is activated.

Unless otherwise stated the minimum contract period is 12 (twelve) months.

Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.

Billing inquiries and disputes should be brought to Totalconnect’s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.

If any charge-back or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to charge-back service charges. Where applicable, Totalconnect reserves the right suspend your services until the charge-back or dispute issue has been resolved.

Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee (see below).

Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order.

Totalconnect reserves the right to modify service fees and rates, effective upon posting on the Totalconnect website or on this Agreement. Current service charges include the following (non-exclusive list):

Account Reactivation Fee$15.00
Charge-back Service Charge$25.00
Reactivation Fee (TOS Violation)$25.00
Refund Processing Fee$15.00

Termination / Plan Change / Refund Policy

Totalconnect may terminate your Service under the following circumstances (non-exclusive list):

  • Non-payment of fees
  • You are in breach of any term or condition of this Agreement

All Customer data is removed from Totalconnect servers for such terminations.

You may request account termination or plan changes at any time by contacting our Customer Service team either through phone or service ticket. Our contact information can be found on the Support page of our website: http://totalconnect.ca/about-us/

Cancellation of the service will require one month’s notice from the end of the minimum contract period, stated for the service subscribed to by the user.

When submitting your cancellation request, you must provide the correct Customer ID and password for your account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.

You are eligible for a refund under the following circumstances only:

  1. If you cancel your account within 30 days of sign-up, you will, upon request, receive a full refund of all fees paid less the activation charges.
  2. If you cancel your account within 45 days of a service renewal, you will, upon request, receive a refund of all fees paid on your most recent renewal. You will be subject to a $15.00 Refund Processing Fee.
  3. If you cancel your account within 14 days of a plan change, you will, upon request, receive a refund of all fees paid on your most recent hosting plan change. You will be subject to a $15.00 Refund Processing Fee.

Only one refund may be issued for each invoice. Totalconnect reserves the right to grant or deny any refund requests.

Customer Responsibility

When you apply to use Totalconnect services, you will be asked to select a Customer ID and Password. The Customer ID and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Customer ID and Password you select from any unauthorized use. IN NO EVENT WILL TOTALCONNECT BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR CUSTOMER ID OR PASSWORD.

Beware of using your details on public networks where your details may be stored or intercepted and if you use any kind of PBX or other VoIP hardware, you must ensure that its own passwords and those of any extensions are also secure and strong.

Customers are responsible for maintaining accurate account information at all times, including credit card and contact information.

Prohibited Conduct

Totalconnect does not allow the use of their services in a way that may be deemed illegal under Canadian laws. Any Customer engaging in illegal activity through the Totalconnect services will be considered in breach of this Agreement and will be suspended from the Service immediately.

Your use of the Service must be in compliance with Canadian laws and the laws of your country at all times.

You are responsible for ensuring that your use of the Service by others in no way contravenes Canadian laws and the laws of your country.

Notices

You agree that, unless other instructions are posted on Totalconnect’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Totalconnect posted on the Totalconnect website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

Privacy

The Totalconnect Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Customers’ personal information. The Totalconnect Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL: http://dev.totalconnect.ca/privacy-policy/

Reservation of Rights

Totalconnect reserves the right and sole discretion to:

  • Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
  • Terminate any account for activities whether lawful or unlawful that Totalconnect determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
  • Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.

You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.

Limitation of Liability

The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. Totalconnect makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. Totalconnect is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Totalconnect.

In no event will Totalconnect be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your use of the Service or any other services or products provided to you.

Totalconnect, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.

Indemnification

You agree to indemnify and hold Totalconnect harmless from and against, and to reimburse Totalconnect with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by Totalconnect by reason of or arising out of or in connection with:

  • Any breach of this Agreement by you.
  • Any activity contravening Canadian laws.

Force Majeure

Totalconnect will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.

Unenforceable Provisions

If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

Governing Law

The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the province of British Columbia and the federal laws of Canada.

You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

Age of Majority

Totalconnect does not accept agreements and payments from persons under the legal age of 19 years. By submitting your account application, you confirm that you are over 19 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

Waiver

No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision, nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

Entire Agreement

This Agreement, as may be updated from time to time and posted at http://www.totalconnect.ca/inernet-services-terms, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.

IMPORTANT INFORMATION

THIS IS A VOICE OVER DATA NETWORK SERVICE AND AS SUCH, IT IS DEPENDENT ON YOUR CONNECTION TO THE DATA NETWORK AND THE DATA NETWORK ITSELF. YOUR SERVICE MAY THEREFORE CEASE TO FUNCTION IF THERE IS A POWER FAILURE OR A FAILURE IN THE UNDERLYING DATA NETWORK. CONFIRMATION BY ACCEPTING THE TERMS OF USE, YOU (HEREINAFTER THE ‘USER’) ARE STATING THAT YOU AGREE TO ACCEPT AND BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. DO NOT PROCEED IF YOU ARE UNABLE TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. THESE TERMS AND CONDITIONS OF SERVICE FOR USE OF TOTALCONNECT SIP SERVER (THE ‘AGREEMENT’) CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN TOTALCONNECT AND THE ENTITY THAT AGREES TO AND ACCEPTS THESE TERMS AND CONDITIONS. ACCESS TO TOTALCONNECT’S SESSION INITIATION PROTOCOL SERVER (‘SIP SERVER’) IS BEING PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, AND TOTALCONNECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO USER’S ACCESS OF THE SIP SERVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, TOTALCONNECT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SIP SERVER OR USER’S ACCESS THERETO, WILL BE AVAILABLE AT ANY GIVEN TIME, OR WILL BE FREE FROM ERRORS, DEFECTS, OMISSIONS, INACCURACIES, OR FAILURES OR DELAYS IN DELIVERY OF DATA. USER ASSUMES, AND TOTALCONNECT DISCLAIM, TOTAL RISK, RESPONSIBILITY, AND LIABILITY FOR USER’S ACCESS TO AND USE OF THE SIP SERVER.

ACCESS TO TOTALCONNECT SIP SERVICE IS BEING PROVIDED ON A NON-EXCLUSIVE BASIS. USER ACKNOWLEDGES AND UNDERSTANDS THAT TOTALCONNECT SIP SITE IS IN A DEVELOPMENTAL STAGE AND THAT TOTALCONNECT MAKES NO GUARANTEES REGARDING THE AVAILABILITY OR FUNCTIONALITY THEREOF. USER MAY NOT SUBLICENSE ITS ACCESS RIGHTS TO THE SIP SERVER TO ANY THIRD PARTY.

YOU ACCEPT E-MAIL AS A VALID MEANS OF COMMUNICATION OF ANY AGREEMENT BETWEEN YOU AND TOTALCONNECT. YOU MUST CHECK THAT THE DETAILS OF YOUR CONFIRMATION EMAIL ARE CORRECT AS SOON AS POSSIBLE AND YOU SHOULD PRINT OUT AND KEEP A COPY FOR YOUR RECORDS. THIS CONFIRMATION E-MAIL AMOUNTS TO AN ACCEPTANCE BY TOTALCONNECT (OR 3RD PARTY SUPPLIER THAT IS ENGAGED ON YOUR BEHALF BY TOTALCONNECT) OF YOUR OFFER TO BUY GOODS AND / OR SERVICES FROM TOTALCONNECT AND THIS ACCEPTANCE IS EFFECTIVE REGARDLESS OF WHETHER OR NOT YOU RECEIVE THE E-MAIL.

TOTALCONNECT SERVICES ARE FREE TO BE WITHDRAWN FROM A PROSPECTIVE CONTRACT AT ANY TIME PRIOR TO ACCEPTANCE. THIS ALSO APPLIES IN THE CASE OF ANY ERROR OR INACCURACY IN RESPECT OF THE GOODS, ANY DESCRIPTION APPLIED TO THE GOODS, THE AVAILABILITY OF THE GOODS OR THE ORDER ITSELF.