CASPIANWAVE HOME AND BUSINESS TELEPHONE LINE TERMS OF SERVICE
TERMS OF SERVICE
These Terms of Service constitute the agreement
("Agreement") between CaspianWave Canada Corp. ("we," "us" or
"CaspianWave") and the user ("you", "user", "customer") of
CaspianWave's communications services and any related products or
services ("Service"). This Agreement governs both the Service and any
devices, such as an IP phone, CaspianWave C-Phone Multimedia Terminal Adapter, Analog Telephone Adapter or any
other IP connection device ("Device" or "Equipment"), used in
conjunction with the Service and it applies to all lines on
each CaspianWave account. If you purchased Equipment from a
retail store, or a provider other than CaspianWave (Retail Provider), you are a "Retail Customer" for purposes of
this Agreement.
BY ACTIVATING OR USING THE SERVICE,
YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT
AND THAT YOU HAVE READ AND UNDERSTAND FULLY ITS TERMS AND CONDITIONS.
1. EMERGENCY SERVICES - 911 DIALING
1.1 Non-Availability of Traditional 911 or E911 Dialing Service.
CaspianWave Canada offers a form of 911 service (911 Dialing) that is
similar to traditional 911 service but has some important differences
and limitations when compared with enhanced 911 service (E911)
available in most locations in conjunction with traditional telephone
service. With both traditional 911 and E911 service, your call is sent
directly to the nearest emergency response centre. In addition, with
E911 service, your call back number and address are visible to the
emergency response centre call-taker. With CaspianWave's 911 service,
your call is sent to a national emergency call centre. The call centre
operator will request or confirm your location information and then
transfer your 911 call to the emergency response centre nearest your
location. You should be prepared to provide or confirm your address
and call-back number with the operator. If you use a WiFi, CaspianWave
C-Phone or Soft Phone, your 911 calls will be routed to the national
emergency response centre, however, emergency personnel do not receive
your phone number or physical location information. Do not hang up
unless told directly to do so and if disconnected, you should dial 911
again.
1.2 Registration of Physical Location Required. You
should ensure your location information, when registered with
CaspianWave Canada, is kept current at all times. In case you are not
able to speak during the 911 call, the call taker would dispatch
emergency response vehicles to your last registered address. You need
to update your 911 Dialing information if you move your device to a
different location and/or if you add a new line to your account.
Regardless of what address you register for a WiFi, CaspianWave
C-Phone or Soft Phone, the national emergency response centre does not
receive your phone number or physical location information when you
place a 911 call. Your 911 Dialing service is activated when you
subscribe to CaspianWave Canada service.
1.3 Service Outages. 911
Dialing service will not function in the event of a power or broadband
outage or if your broadband, ISP or CaspianWave Canada service is
suspended or disconnected. Following a power failure or disruption,
you may need to reset or reconfigure your Device prior to utilizing
the service, including 911 Dialing.
1.4 Re-Registration Required if You Change Your Number or Add or
Port New Numbers. You must
successfully register your location of use for each changed, newly
added or newly ported number in order for 911 Dialing to function as
intended. Regardless of what address you register for a WiFi,
CaspianWave C-Phone or Soft Phone, the national emergency response
centre does not receive your phone number or physical location
information when you place a 911 call.
1.5 Network Congestion; Reduced Speed for Routing or Answering
911 Dialing Calls. There
may be a greater possibility of network congestion and/or reduced
speed in the routing of a 911 Dialing call made utilizing the Service
as compared to traditional 911 Dialing over traditional public
telephone networks.
1.6 Conveying Limitations to other household residents and
guests. You
should inform any household residents, guests and other persons who
may be present at the physical location where you utilize the
CaspianWave Canada service, of the important differences in and
limitations of VoIP 911 Dialing service as compared with E911 service,
as set out above.
1.7 Disclaimer of Liability and Indemnification. We do
not have any control over whether, or the manner in which, calls using
our 911 Dialing service are answered or addressed by any local
emergency response centre. We disclaim all responsibility for the
conduct of local emergency response centres and the national emergency
calling centre. We rely on third parties to assist us in routing 911
Dialing calls to local emergency response centres and to a national
emergency calling centre. We disclaim any and all liability or
responsibility in the event such third party data used to route calls
is incorrect or yields an erroneous result. Neither CaspianWave nor
its officers or employees may be held liable for any claim, damage, or
loss, and you hereby waive any and all such claims or causes of
action, arising from or relating to our 911 Dialing service unless
such claims or causes of action arose from our gross negligence,
recklessness or willful misconduct. You shall defend, indemnify, and
hold harmless CaspianWave, its officers, directors, employees,
affiliates and agents and any other service provider who furnishes
services to you in connection to the Service, from any and all claims,
losses, damages, fines, penalties, costs and expenses (including,
without limitation, legal fees and expenses) by, or on behalf of, you
or any third party relating to the absence, failure or outage of the
Service, including 911 Dialing, incorrectly routed 911 Dialing calls,
and/or the inability of any user of the Service to be able to use 911
Dialing or access to emergency service personnel.
1.8 Alternate 911 Arrangements. If you
are not comfortable with the limitations of the 911 Dialing service,
you should consider having an alternate means of accessing traditional
911 or E911 services or disconnecting the Service.
2. SERVICE TERM.
2.1 (a) Service Term. Service
is offered and paid for on a prescribed recurring basis for a term
that begins on the date that CaspianWave activates your Service and
ends on the day before the same date in the following period (Service
Term). Subsequent terms of this Agreement automatically renew for the
same Service Term unless you give us written notice of disconnection
at least ten
(10) days
before the end of the applicable Service Term. You are purchasing the
Service for the full Service Term, meaning that if you attempt to
disconnect Service prior to the end of the applicable Service Term,
you will be responsible for all charges relating to the then-current
Service Term, including unbilled charges, plus a disconnection fee, if
applicable, all of which will immediately become due and payable. You
will also be responsible for charges for the following Service Term in
the event that you do not provide the requisite ten-day disconnect
notice as described above. The service provided is valid only until the date that has been set for "RENEWAL DUE DATE". If no payments has been made and received before the renewal due date, the service will be terminated and disconnected with/without notice AND WOULD HAVE A PENALTY FEE FOR RECONNECTION.
2.1(b) Other Commitments. If you
accept an equipment upgrade or other promotional or plan benefit, such
as a free month of Service, free installation, a rebate or other
incentive, there may be a commitment associated with the benefit you
accepted (Commitment).
To the extent there is a Commitment, it begins on the date you
activate the new equipment or accept the promotion or benefit. The
Commitment period will be disclosed as part of
the promotion or plan. If you disconnect service prior to the end of
the Commitment period, you agree to pay CaspianWave a recovery fee in
an amount equal to the difference between the price you paid and the
regular price of the good, service or other benefit you received at
the time the Commitment period began. Recovery fees are cumulative and
in addition to any other charges or fees you may owe CaspianWave,
including any disconnection fees.
2.2 Residential Use of Service and Device. If you
subscribe to CaspianWave's residential services, the Service and the
Device are provided to you solely for residential use. You shall not
resell or transfer the Service or the Device to another party without
our prior written consent. You are prohibited from using the Service
or the Device for auto-dialing, continuous or extensive call
forwarding, telemarketing (including charitable or political
solicitation or polling), fax or voicemail broadcasting or fax or
voicemail blasting. We reserve the right to immediately disconnect 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 our higher rates for commercial
service for all periods in which your use of the Service or the Device
was inconsistent with normal residential use.
2.3 Entrepreneur and CaspianWave Office Phone Use of Service and
Device. If you
subscribe to CaspianWave's Small Business services or CaspianWave's
Office Anywhere Plan, the Service and Device are provided to you as a
small business user or business traveler. You shall not resell or
transfer the Service or the Device to another party without our prior
written consent. 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 disconnect 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 small business or business travel
usage patterns, that you have at any time used the Service or the
Device for any of the activities mentioned above or similar
activities.
2.4 Prohibited Uses: Unlawful Uses and Inappropriate Conduct
You shall use the Service and the Device only for lawful
purposes. You shall not use the Service or Device in any way that is
improper or inappropriate, including in a manner that is threatening,
abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another's privacy, or any similar behaviour. In addition,
you shall not use the Service or the Device to impersonate another
person; send bulk unsolicited messages; use robots, data mining
techniques or other automated devices or programs to catalogue,
download, store or otherwise reproduce or distribute information from
the Service or use any such automated means to manipulate the Service;
use the Service to violate any law, rule or regulation; violate any
third party's intellectual property or personal rights; or exceed your
permitted access to the Service. Subject to applicable law, we may,
but are under no obligation to, monitor usage of the Service for
violations of this Agreement. We may remove or block any or all
communications if we suspect a violation of this Agreement or if we
deem it necessary in order to protect the Service, or CaspianWave, its
parent, affiliates, directors, officers, agents and employees from
harm. We reserve the right to immediately disconnect your Service
without notice, if, in our sole and absolute discretion, we determine
that you have used the Service or the Device for an unlawful purpose
or in ways mentioned above. In the event of such disconnection you
will be responsible for all fees and charges due under this Agreement,
plus a disconnection fee, if applicable, all of which will be
immediately due and payable. 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, CaspianWave will
provide customer and call detail information in response to lawful
government requests, subpoenas, court orders and to protect its rights
and property, and in response to law enforcement requests where the
failure to disclose the information may lead to imminent harm to the
customer or others. Furthermore, CaspianWave reserves all of its
rights at law and equity to proceed against anyone who uses the
Services illegally or improperly.
2.5 Use of Service and Device by Customers Outside Canada and the
United States. Although
we encourage you to use the Service to place calls to foreign
countries from within Canada and the United States, and to use the
Service as you travel, CaspianWave offers and supports services only
in Canada, the United States and certain other countries. CaspianWave
Service is designed to work generally with unencumbered high-speed
internet connections. However, if the high-speed internet connection
you are using is not within a CaspianWave service area, and/or your
ISP or other broadband provider places restrictions on the usage of
VoIP services, CaspianWave does not represent or warrant that use of
the Service by you is permitted by any other jurisdictions or by any
ISP or broadband provider. You will be solely responsible for any
violations of local laws and regulations resulting from such use. We
reserve the right to disconnect your Service immediately if we
determine, in our sole and absolute discretion, that you have used the
Service or the Device in violation of laws of jurisdictions outside of
CaspianWave service areas.
2.6 Copyright; Trademark;
Unauthorized Usage of Device; Firmware or Software.
(a) Copyright; Trademark. The
Service and Device and any firmware or software used to provide the
Service or provided to you in conjunction with providing the Service,
or embedded in the Device, and all Services, information, documents
and materials on our websites are protected by trademark, copyright or
other intellectual property laws and international treaty provisions.
All of our websites, corporate names, service marks, trademarks, trade
names, logos and domain names (collectively "marks") are and will at
all times remain our exclusive property. Nothing in this Agreement
grants you the right or license to use any of our marks.
(b) Unauthorized Usage of Device; Firmware or Software. For
residential and business plan customers only, you (i) have not been
granted any license to use the firmware or software used to provide
the Service or provided to you in conjunction with providing the
Service, or embedded in the Device, other than a nontransferable,
revocable license to use such firmware or software in object code form
(without making any modification thereto) strictly in accordance with
the terms and conditions of this Agreement, and (ii) expressly agree
that the Device is exclusively for use in connection with the Service
and that we will not provide any passwords, codes or other information
or assistance that would enable you to use the Device for any other
purpose. We reserve the right to prohibit the use of any interface
device that we have not provided to you. You hereby represent and
warrant that you possess all required rights, including software
and/or firmware licenses, to use any interface device that we have not
provided to you. In addition, you shall indemnify and hold us harmless
against any and all liability arising out of your use of such
interface device with the Service. You shall not reverse compile,
disassemble or reverse engineer or otherwise attempt to derive the
source code from the binary code of the firmware or software.
2.7 Tampering with the Device or Service. You
shall not change the electronic serial number or equipment identifier
of the Device or perform a factory reset of the Device without our
prior written consent. We reserve the right to disconnect your Service
if we believe, in our sole and absolute discretion, that you have
tampered with the Device. In the event of such disconnection, you will
remain responsible for all charges through the end of the current
Service Term, including unbilled charges, plus a disconnection fee, if
applicable, all of which will immediately be due and payable. If any
damage, burning, or manipulation occurs to the Device, a variable fee
will be applied. Therefore, your deposit of $79.99 + tax would become
non refundable and a new Device should then be purchased. You shall
not attempt to hack or otherwise disrupt the Service or make any use
of the Service that is inconsistent with its intended purpose.
2.8 Theft of Service. You
shall not use or obtain the Service in any manner that avoids
CaspianWave policies and procedures including in an illegal or
improper manner. You shall notify us immediately, in writing or by
calling our customer support line, if the Device 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 circumstances of the Device theft,
fraudulent use or unauthorized use of 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 whether or not
it involves a stolen Device. CaspianWave reserves all of its rights at
law and equity to proceed against anyone who uses the Services or
Device illegally or improperly.
2.9 Return of Device (Applies to Residential and Business Plan
customers only)
Non-Retail Customers.
Non-Retail Customers - may return the Device to us if 1) you cancel
services within the Money Back Guarantee period and 2) you return the
Device to us with a valid return authorization number within fourteen
(14) days of the date you disconnected the Service. If you receive
cartons or Devices that are visibly damaged, you must note the damage
on the carrier's freight bill or receipt and keep a copy. In such
event, you must keep the original carton, all packaging materials and
parts intact in the same condition in which they were received from
the carrier and contact our customer care department immediately at
1-866-950-3595.
2.10 Number Transfer. Upon request of transferring your number, we may, in our sole and absolute discretion, subject to applicable law, release to your new service provider the telephone number that you ported (transferred or moved over) to us from your previous service provider and used in connection with your Service if:
·
Such new service provider is able to accept such number;
·
Your account is completely current, including payment for all service charges and applicable disconnection/cancellation fees and;
·
You request the transfer, 15 days before THE RENEWAL DUE DATE.
·
The number is released before request of disconnection/cancellation.
NOTE: WE ARE NOT ABLE TO RELEASE OR PORT OUT PHONE NUMBER(S) AFTER REQUEST OF DISCONNECTION/CANCELLATION. YOU WOULD NOT BE ABLE TO KEEP YOUR CURRENT PHONE NUMBER OR PORT IT OUT TO ANOTHER SERVICE PROVIDER DURING THE FIRST 30 DAYS OF YOUR PAYMENT. HOWEVER, IF YOU WANT TO KEEP YOUR NUMBER OR PORT OUT YOUR CURRENT NUMBER DURING THE FIRST 30 DAYS OF YOUR PURCHASE, YOU WON’T BE ELIGIBLE FOR THE MONEY BACK GUARANTEE AND YOU WILL BE CHARGED FOR ONE YEAR PAYMENT OF SERVICE PENALTY AND APPLICABLE FEES.
2.11 Service Distinctions. The
Service is not a traditional telecommunications service and we provide
it on a best efforts basis. Things beyond our control may affect the
Service, such as power outages, fluctuations in the Internet, your
underlying ISP or broadband service. Other things may affect Service,
such as maintenance. CaspianWave will act in good faith with a view to
minimizing disruptions to your use of and access to Service. Important
distinctions exist between a traditional telecommunications service
and our Service, and our Service is subject to different regulatory
treatment than a traditional telecommunications service. This
treatment may limit or otherwise affect your rights of redress before
regulatory agencies.
2.12 Ownership and Risk of Loss. You will
own the Device and bear all risk of loss of, theft of, casualty to or
damage to the Device, from the time it is shipped to you until the
time (if any) when it is returned to us in accordance with this
Agreement.
2.13 No 0+ or Operator Assisted Calling; May Not Support x11/8xx
Calling. The
Service does not support 0+ or operator assisted calling (including,
without limitation, collect calls, third party billing calls, 900 or
calling card calls). The Service may not support 311, 511 and/or other
x11 (other than certain specified dialing such as 911, which are
provided for elsewhere in this Agreement) services in one or more (or
all) service areas.
2.14 No Directory Listing. The
phone numbers you obtain from us 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 look up your
address.
2.15
Change of Number. You have
no property right in any phone number assigned to or used by you. We
shall be entitled to change any such number where we determine, in our
sole discretion, that such a change is necessary. We shall give you
reasonable advance written notice of such a change, except in cases of
emergency, where oral notice shall be given.
2.16 Incompatibility with Other Services.
(a) Home Security Systems. The
Service may not be compatible with home security systems. You may be
required to maintain a telephone connection through your local
exchange carrier in order to use any alarm monitoring functions for
any security system installed in your home or business. You are
responsible for contacting the alarm monitoring company to test the
compatibility of any security system with the Service.
(b) Certain Broadband, Cable Modem and Other Services. You acknowledge that the Service presently is not compatible with D-Link routers and there may be other services, routers or devices with which the Service may be determined to be incompatible. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties or conditions regarding the compatibility of the Service with any particular broadband service.
2.17 Customer Service. We offer
varying types and levels of customer service depending upon a number
of factors, including the Service you are using and the problems you
are experiencing. For more information on our customer service
options, please review the
Help
section of our website located at www.CaspianWave.ca. We
assume no obligation to provide support services for any third party
products or services, or problems with the Service caused by third
party products or services. Unless you have entered into a separate
services agreement with us, we may change the customer service options
at any time.
3. CHARGES; PAYMENTS; TAXES; DISCONNECTION
3.1 Billing. When the
Service is activated, you must provide us with a valid email address
and a payment method that we accept. We reserve the right to stop
accepting your payment method or your payments. If your payment method
expires, you close your account, your billing address changes, or your
payment method is cancelled and replaced on account of loss or theft,
you must advise us at once. We will bill all charges, fees, applicable
taxes and surcharges for each Service Term in advance (except for
usage-based charges, which will be billed monthly in arrears, and any
other charges which we decide to bill in arrears) to your payment
method, including but not limited to:
activation fees; Service fees; usage charges; international usage
charges; advanced feature charges; premium services/Add ons; equipment
purchases; taxes; disconnection fees; and shipping and handling
charges.
The amount of such fees and
charges shall be published on our website and may change from time to
time. CaspianWave may introduce new products and services at special
introductory pricing. Introductory pricing may change at CaspianWave's
discretion. Where required by law, notification of invoices will be
sent to you via your email address on file with us. We reserve the
right to bill at more frequent intervals if the amount you owe to us
at any time exceeds $50. CaspianWave bills usage charges in full
minute increments that are rounded up to the next full minute unless
otherwise set forth in the rate schedules found on our website.
CaspianWave bills fractional usage charges in full cents that are
rounded up when the value is $.005 or more and down when the value is
less than $.005, unless otherwise set forth in the rate schedules
found on our website.
The above
fees are defined as follows:
Activation Fee - This fee covers
charges for setting up your account and activating you on our system.
Service Fee - This is the basic charge associated with your
service. This fee includes the calling charges defined by your plan,
the features associated with your plan and basic account services.
Usage Charges - If you exceed the number of calling minutes on
your plan, CaspianWave will bill you for the minutes you use above
your allowance. CaspianWave also bills for calls to directory
assistance and other information services.
International Usage Charges - These are the fees associated with calls to locations outside of your local area. However, if you are on an unlimited international calling plan, CaspianWave will not charge you for calls to the countries and area codes that you have on your plan, otherwise CaspianWave will be charged you for land distance calls and you should be have PIN-LESS account for your long distance calls. PIN-LESS account is a prepaid long distance phone service and you can go online at http://www.caspianwave.com/ca/pinless/ and sign up for PIN-LESS account for your long distance calls.
Advanced Features,
Add-Ons, Premium Services - CaspianWave charges additional fees for
enhanced features, add-ons, and other added products and services.
Equipment Purchases - In most instances, you will pay for
equipment associated with your CaspianWave service with your payment
method. However, there may be occasions when CaspianWave will offer
you the option to bill equipment to your account.
Taxes -
CaspianWave is required to bill and collect local, provincial and
federal taxes imposed on CaspianWave customers by the various taxing
authorities. CaspianWave passes all taxes it collects on to the
appropriate taxing authority.
3.2 Billing Disputes. You must
notify us in writing within seven (7) days after receiving your
statement from your credit card issuer if you dispute any CaspianWave
charges on that statement or you will be deemed to have waived any
right to contest such charges. All notices of disputed charges should
be directed to CaspianWave Canada Customer Care at 1-866-950-3595.
Customer Care Billing Department
CaspianWave Canada.
8171
Yonge St. Suite 311
Thornhill, ON, L3T 2C6, Canada
3.3 Payment and Collection.
(a) Payment. Your
subscription to the Service authorizes us to collect from your payment
method. This authorization will remain valid until thirty (30) days
after we receive written notice from you terminating our authority to
charge your payment method, whereupon we will charge you for the
disconnection fee, if applicable, and any other outstanding charges
and disconnect your Service. We may disconnect your Service at any
time in our sole and absolute discretion if any charge to your payment
method is declined or reversed, your payment method expires and you
have not provided us with a valid replacement payment method or in
case of any other non-payment of account charges.
(b) Collection. If your
Service is disconnected, you will remain fully liable to us for all
charges pursuant to this Agreement and any and all costs we incur to
collect such amounts, including, without limitation, collection costs
and legal fees and expenses.
3.4 Disconnection; Discontinuance of Service. We
reserve the right to suspend or discontinue the Service generally, or
to disconnect your Service, at any time in our sole and absolute
discretion. If we discontinue the Service generally, or disconnect
your Service without a stated reason, you will only be responsible for
charges accrued through the date of disconnection, including a
pro-rated portion of the final Service Term charges. If your Service
is disconnected on account of your breach of any provision of this
Agreement, you will be responsible for all charges through the end of
the current Service Term, including unbilled charges, plus the
disconnection fee, if applicable, all of which will immediately be due
and payable.
CaspianWave will pursue collection for unpaid amounts on
disconnected accounts and may report to and exchange credit and
personal information with any credit/consumer reporting agency and
financial institution relating to this Agreement.
3.5 Taxes. Federal,
provincial, municipal, local or other governments may assess taxes,
surcharges and/or fees on your use of CaspianWave service. These
charges may be a flat fee or a percentage of your CaspianWave charges
and may change from time to time without notice. These charges are
based on the rates applicable to the address you provided to us. You
are responsible for all applicable federal, provincial, municipal,
local or other governmental sales, use, excise, value-added, personal
property, public utility, goods and services, harmonized or other
taxes, fees or charges now in force or enacted in the future, that
arise from or as a result of your subscription or use or payment for
the Service or a Device. Such amounts are in addition to payment for
the Service or Devices and will be billed to your payment method as
set forth in this Agreement. If you are exempt from payment of such
taxes, you must provide us with an original certificate that satisfies
applicable legal requirements attesting to tax-exempt status. Tax
exemption will only apply from and after the date we receive such
certificate.
3.6 Money Back Guarantee; Limitations and Conditions.
(a)
Residential
and Small Business Customers. We offer
a thirty (30) day money back guarantee (Money
Back Guarantee) from the date of your purchase and payment
(different periods may apply for Retail Customers). The Money Back Guarantee applies
only to the first-ordered line per account, not to additional or
secondary lines. We will refund or credit the administration fee, the
Service charge for the first Service Term, and a $49.99 CAD
disconnection fee provided that:
·
The Money Back Guarantee period only applies to the initial line ordered on the account; additional lines are excluded; NOTE: CURRENT PHONE NUMBERS COULD NOT BE KEPT OR PORTED OUT TO ANOTHER SERVICE PROVIDER WITHIN THE FIRST 30 DAYS. HOWEVER, IF IT IS PORTED OUT UNDER EXCEPTIONAL CONDITIONS, THE 30 DAY MONEY BACK GUARANTEE WILL NOT APPLY AND YOU WON’T BE ELIGIBLE FOR THE MONEY BACK GUARANTEE AND YOU WILL BE CHARGED FOR ONE YEAR PAYMENT OF SERVICE PENALTY AND APPLICABLE FEES.
·
you have not exceeded 500 minutes of
usage;
·
Service is cancelled within the first thirty (30) days following the purchase of the Service and activation occurs when the order is placed; NOTE: CURRENT PHONE NUMBERS COULD NOT BE KEPT OR PORTED OUT TO ANOTHER SERVICE PROVIDER WITHIN THE FIRST 30 DAYS. HOWEVER, IF IT IS PORTED OUT UNDER EXCEPTIONAL CONDITIONS, THE 30 DAY MONEY BACK GUARANTEE WILL NOT APPLY.
·
$79.99 CAD deposit for the Device is not cash refundable, only CaspianWave credit if and only if the Device is in its original packaging including proof of purchase, the UPC or barcode intact, together with all the parts, accessories, and documentation, upon cancellation after the first thirty (30) days in the first year and 7-days before end of the first year; will be credited for PIN-LESS account. NOTE: IF ANY DISCOUNTS HAVE BEEN GIVEN IN THE INVOICE, IT WILL BE DEDUCTED FROM THE MONEY PAID FOR THE MODEM. IF IT EXCEEDS THE VALUE OF THE MODEM, NO CREDITS WILL APPLY.
o
Prior to returning the Device to us, you obtain a valid return
authorization number from our customer care department which can be
reached at 1-866-950-3595;
o
CaspianWave does not cover the shipping cost of returns, you will
be responsible for the shipping and handling costs. Additionally, we
recommend that you add tracking and insurance for your own protection,
as we cannot be responsible for lost or delayed shipments.
So long as you cancel the Service within the Money Back Guarantee
Period and comply with the above described conditions, CaspianWave
will issue ONE disconnection fee credit to your account.
CaspianWave may not be able to refund all applicable taxes. You will be responsible for any
charges for international usage, payphone calls to CaspianWave toll
free numbers and directory assistance. We reserve the right to
terminate or revoke this Money Back Guarantee at any time, without
prior notice.
After the Money Back Guarantee Period of 30 days, no refund is available under any circumstances except the $79.99 deposit for the Device, which will be credited if and only if purchase of Home Phone by one year in advance payment and Device is in the first year and 7-days before end of the first year, credit it for PIN-LESS account. NOTE: IF ANY DISCOUNTS HAVE BEEN GIVEN IN THE INVOICE, IT WILL BE DEDUCTED FROM THE MONEY PAID FOR THE MODEM. IF IT EXCEEDS THE VALUE OF THE MODEM, NO CREDITS WILL APPLY.
3.7 Payphone Charges. If you
use our
Toll
Free Plus feature or any toll free feature that we offer in the
future, we will be entitled to recover from you any charges imposed on
us either directly or indirectly in
connection with toll free calls made to your number.
3.8 Directory Calls (411). We do not provide 411 phone directory.
3.9 No Refunds for Pre-Paid Service Plan Customers. Subject
to the Money Back Guarantee and applicable law, we will not refund any
Service Fees or any other amounts paid in connection with any pre-paid
Service plans.
4. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
4.1 Limitation of Liability. We will
not be liable for any delay or failure to provide the Service,
including 911 Dialing, at any time or from time to time, or any
interruption or degradation of voice quality that is caused by any of
the following:
·
an act or omission of an underlying
carrier, service provider, vendor or other third party;
·
equipment, network or facility
failure;
·
equipment, network or facility
upgrade or modification;
·
force majeure events such as (but not
limited to) acts of God, acts of nature, strikes, fire, war, riot,
acts of terrorism and government actions;
·
equipment, network or facility
shortage;
·
equipment or facility relocation;
·
service, equipment, network or
facility failure caused by the loss of power to you;
·
outage of, or blocking of ports by,
your ISP or broadband service provider or other impediment to usage of
the Service caused by any third party;
·
any act or omission by you or any
person using the Service or Device provided to you; or
·
any other cause that is beyond our
control, including, without limitation, a failure of or defect in any
Device, the failure of an incoming or outgoing communication, the
inability of communications (including, without limitation, 911
Dialing) to be connected or completed, or forwarded.
Our aggregate liability under this agreement will in no event
exceed the Service charges with respect to the affected time period.
4.2 Disclaimer of Liability for Damages. IN NO
EVENT WILL CaspianWave, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES
OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU
IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY
DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY,
COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES,
INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY
DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE,
INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE
911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET
FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF
WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE),
INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, FUNDAMENTAL
BREACH, BREACH OF A FUNDAMENTAL TERM AND ANY AND ALL OTHER THEORIES OF
LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD
OF ANY PARTICULAR TYPE OF DAMAGES.
4.3 Indemnification and Survival.
(a) Indemnification. You
shall defend, indemnify, and hold harmless CaspianWave, its officers,
directors, employees, affiliates and agents and any other service
provider who furnishes services to you in connection with this
Agreement or the Service, from any and all claims, losses, damages,
fines, penalties, costs and expenses (including, without limitation,
legal fees and expenses) by, or on behalf of, you or any third party
or user of the Service, relating to this Agreement or the Services,
including, without limitation, 911 Dialing, or the Device.
(b) Survival. The
provisions of this Agreement that by their sense and context are
intended to survive the termination or expiration of this Agreement
shall survive.
4.4 No Warranties on Service. To the
extent permitted by applicable law, WE MAKE NO WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, REASONABLY
ACCEPTABLE QUALITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY OR CONDITION
ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE
OR ANY WARRANTY OR CONDITION THAT THE SERVICE WILL MEET CUSTOMER'S
REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE PROVIDE NO WARRANTY
OR CONDITION THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE,
DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF
CONTENT, DATA OR INFORMATION. NEITHER CaspianWave NOR ITS OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE
PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO
CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, WILL BE
LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES
OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION,
THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES
OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY
OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF
CaspianWave'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE.
STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY,
BY CaspianWave OR CaspianWave'S AGENTS OR INSTALLERS ARE INFORMATIONAL
AND ARE NOT GIVEN AS A WARRANTY OR CONDITION OF ANY KIND.
4.5 Device Warranties (Applies only to Residential and Business
Plan customers).
(a) Limited Warranty. Except
as set forth herein, if you received the Device from us and the Device
included a limited warranty at the time of receipt, you must refer to
the separate limited warranty document provided with the Device for
information on the limitation and disclaimer of certain warranties and
conditions. Remedies for breach of any such warranties will be limited
to those expressly set forth in such documentation.
(b) No Warranty. IF A
LIMITED WARRANTY DID NOT COME WITH YOUR DEVICE, TO THE EXTENT
PERMITTED BY APPLICABLE LAW, YOU ARE ACCEPTING THE DEVICE
AS IS.
YOUR DEVICE IS NOT ELIGIBLE FOR REPLACEMENT, REPAIR OR REFUND AFTER
THE MONEY BACK GUARANTEE PERIOD.
(c) Retail Customer Limited Warranty. For
Retail Customers only, we will provide a limited warranty on the
Device as to manufacturing defects only for a period of one (1) year
from the date of purchase. This Retail Customer limited warranty does
not apply to any defect or failure other than a manufacturing defect,
and, without limiting the generality of the foregoing, does not apply
to any defect caused by damage in transit, retailer handling or Retail
Customer handling. A Retail Customer's sole remedy for any breach of
this Retail Customer limited warranty is to obtain a repaired or
replacement Device, by following the return procedures set forth in
Section 2.9. Retail Customer must include with the returned Device a
letter stating that the Retail Customer is returning the Device for
warranty repair or replacement and stating the nature of the defect.
The Retail Customer limited warranty will also apply in lieu of the
limited warranty included with the Device if such included limited
warranty is less favorable to Retail Customer than that contained
herein.
(d) Disclaimer. To the
extent permitted by applicable law, OTHER THAN WARRANTIES AS TO THE
DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE
DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH
HEREIN, WE MAKE NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR
IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OR CONDITION OF
MERCHANTABLE QUALITY, REASONABLY ACCEPTABLE QUALITY, FITNESS OF THE
DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY
WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR
COURSE OF PERFORMANCE OR ANY WARRANTY OR CONDITION THAT THE DEVICE OR
ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET CUSTOMER'S
REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER
OR LIMITATION OF WARRANTY OR CONDITION SET FORTH IN THE DOCUMENTATION
PROVIDED WITH THE DEVICE.
4.6 No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not
a party to this Agreement with any remedy, claim, liability,
reimbursement, or cause of action or creates any other third party
beneficiary rights.
4.7 Content. You will be liable for any and all liability that may arise out
of the content transmitted by or to you or any person, whether
authorized or unauthorized, using your Service or Device (each such
person, a "User"). You shall ensure that your use and your User's use
of the Service and content comply at all times with all applicable
laws, regulations and written and electronic instructions for use. We
reserve the right to disconnect or suspend your Services and remove
your or your Users' content from the Service, if we determine, in our
sole and absolute discretion, that such use or content does not
conform with the requirements set forth in this Agreement or
interferes with our ability to provide Services to you or others. Our
action or inaction under this Section will not constitute any review
or approval of your or Users' use or content.
5. MISCELLANEOUS
5.1 Governing Law. The Agreement and the relationship between you and us is
governed by the laws of the Province of Ontario and the federal laws
of Canada applicable therein without regard to its conflict of law
provisions. To the extent court action is initiated to enforce an
arbitration award or for any other reason consistent with Section 5.2,
you shall submit to the personal and exclusive jurisdiction of the
courts located within the Province of Ontario and waive any objection
as to venue or inconvenient forum.
5.2 Mandatory Arbitration and No Jury Trial. Except to the extent contrary to applicable law, any dispute or
claim between you, any member of your household or any guest or
employee of you and us arising out of or relating to the Service or
Device will be resolved by arbitration before a single arbitrator
administered by a Canadian arbitration organization of our choosing.
The arbitration shall take place in Toronto, Ontario and shall be
conducted in English. The arbitrator's decision will follow the plain
meaning of the relevant documents, and will be final and binding.
Without limiting the foregoing, the parties agree that no arbitrator
has the authority to: (i) award relief in excess of what this
Agreement provides; or (ii) award punitive or exemplary damages.
Judgment on the award rendered by the arbitrators may be entered in
any court having jurisdiction thereof. ANY CLAIM OR CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1)
YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED,
except to the extent such a limitation is prohibited by applicable
law. All claims shall be arbitrated individually. Except to the extent
contrary to applicable law, you shall not bring, or join any class
action of any kind in court or in arbitration or seek to consolidate
or bring previously consolidated claims in arbitration. THIS
ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY
TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT
ARBITRAL PROCEEDINGS IN, ONTARIO.
5.3 No Waiver of Rights. Our failure to exercise or enforce any right or provision of
this Agreement will not constitute a waiver of such right or
provision.
5.4 Entire Agreement. This Agreement, including any future modifications as may occur
within the terms of the Agreement, and the rates for Services found on
our website constitute the entire agreement between you and
CaspianWave and govern the use of the Service by you, members of your
household, guests and employees. This Agreement supersedes any prior
agreements between you and CaspianWave and any and all prior or
contemporaneous statements, understandings, writings, commitments, or
representations concerning its subject matter.
5.5 Severability. If any part of this Agreement is legally declared invalid or
unenforceable, all other parts of this Agreement will remain valid and
enforceable. Such invalidity or non-enforceability will not invalidate
or render unenforceable any other portion of this Agreement.
6. FUTURE CHANGES TO THIS AGREEMENT
We may change the terms and conditions of the Service and
this Agreement, as well as amounts charged under this Agreement, from
time to time. Notices will be considered given and effective on the
date posted on
http://www.CaspianWave.ca/,
or as otherwise may be required by applicable law. Subject to
applicable law, such changes will become binding on you on the date
they are posted to our website and no further notice by us is required
upon your continued use of the Service. The Agreement as and when
posted or otherwise amended in accordance with applicable law,
supersedes all previously agreed to electronic and written terms of
service, including, without limitation, any terms included with the
packaging of the Device and also supersedes any written terms provided
to Retail Customers in connection with retail distribution, including,
without limitation, any written terms enclosed within the packaging of
the Device. If this Agreement is amended and you do not wish to accept
the amendment, you may terminate the Agreement as provided in Section
2.1.
7. PRIVACY
7.1 Network Security. CaspianWave Service utilizes, in whole or in part, the public
Internet and third party networks to transmit voice and other
communications. CaspianWave is not liable for any lack of privacy
which may be experienced with regard to the Service. Please refer to
our Privacy Policy
at
http://www.caspianwave.com/ca/Privacy.html for additional information.
7.2 Personal Information. To the extent that personal information is provided in
connection with this Agreement, the customer confirms that he or she
consents, and that all other necessary consents have been obtained, to
the use, collection and disclosure by CaspianWave, assignees of
CaspianWave, and their respective affiliates, agents and contractors
for the following purposes: (i) providing products and services to the
customer, (ii) contract management and administration, (iii)
establishing a customer relationship and communicating with customers,
(iv) developing, implementing and managing products and services for
customers, (v) assisting in law enforcement purposes and collecting
unpaid debts, (vi) protecting, managing and promoting their business
interests and activities; (vii) providing information to the customer
on other products and services which may be available; and (viii)
otherwise as required or permitted by law or this Agreement. The
customer may withdraw his or her consent in respect of clause (vii)
above, without affecting his or her other arrangements with
CaspianWave, by notifying CaspianWave's Privacy Officer in writing at
privacy@CaspianWave.com.
Further information on CaspianWave's privacy policies, as well as
access to any such personal information for purposes of review,
correction and updating, may also be obtained by writing to the
Privacy Officer. For the purposes of this Section 7.2, "personal
information" does not include the name, address and telephone number
of a subscriber that appears in a publicly available telephone
directory.
8. EXPORT CONTROLS
You agree to comply fully with all relevant export laws and
regulations of Canada, and without limiting the generality of the
foregoing, you expressly agrees that you shall not export, directly or
indirectly, re-export, divert, or transfer any portion of the Service
or any direct product thereof to any destination, company or person
restricted or prohibited by such laws or regulations.
Last
Updated: January 23, 2009. Copyright 2009 CaspianWave TSP Inc. used
under license. CaspianWave is a registered service mark owned by and
used under license from CaspianWave TSP Inc. a wholly owned subsidiary
of CaspianWave Holdings Corp.
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