Company reserves the right to change, modify, update prices (Price Plans, Features, special numbers, etc.) add or remove portions of the Terms of Service at any time without direct notification to subscribers.
The Customer must check these Terms of Service for changes. The Customer's continued use of this website and of the Company's service following the posting of changes to the Terms of Service will be considered an acceptance of those changes.b. Term:
Service is offered on a monthly basis as selected at the time of subscription. Fees are fully earned and non-refundable..
Subsequent terms of this Agreement will be renewed automatically on the same term as selected by the Cusomter unless the Customer cancels by submitting a cancellation request on the fedphoneline.com website or emailing email@example.com and requesting service cancellation.
It is also the Customer's sole responsibility to verify and review their invoices and periodically check-in on the status of their account and update credit cards or other payment methods as may be necessary. If the Customer notices any discrepancies, the Customer is responsible to immediately notify Company of any required changes.c. Commercial Use of Service and Device:
Company services are provided for use by the Customer. The Customer cannot resell or transfer Company's services to any other person for any purpose, without the express and written permission of Company in advance.d. Lawful Use of Company's Services and Devices:
The Customer agrees to use Company's services solely for lawful purposes.
Company's services cannot be used for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind.
This includes, but is not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, provincial, national or international law.
Company reserves the right to terminate service immediately and without advance notice if the Customer violates the above restrictions.e. Theft of Service:
The Customer agrees to notify Company immediately, in writing or by email, if the Customer becomes aware that his or her service is being stolen or used fraudulently. When contacting Company, the Customer must provide the account number and a detailed description of the circumstances of the said Company theft or stolen or fraudulent use of Company services.
Failure to do so in a timely manner may result in the termination of the Customer's service and additional charges to you. Please note that it is the Customer's responsibility to secure any credentials provided to them by Company.f. Number Transfer on Service Termination:
Company will agree to transfer the number to another carrier of the Customer's choice upon termination of Company's services, provided that both:
(i) The account has been properly and lawfully terminated, and;
(ii) the Customer's Company account is completely current, given either of the following two cases:a) One Line with Company:
If we receive a request from your new service provider to terminate our service for a number, we will release the number shortly after notification to Company by the relevant carrier(s), given that there are no reasons to reject.
Once your service is terminated and the port is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any disconnection fees (for non-returned equipment, special number porting out, promotions etc.).
If a port is unsuccessful for any reason (stranded services, suspended or inactive account, etc.), your service and your agreement with us will not terminate, you will remain an Company customer, and you will continue to be responsible for all charges and fees associated with your Company service.b) More than One Line with Company:
If we receive a request from your new service provider to terminate our service for a number and you have multiple numbers assigned to your account and/or additional devices such as a Softphone on your account, you are required to inform us of your intent to terminate all the services on your account, prior to the successful completion of the requested port or we will select the most appropriate billing plan for any remaining numbers and/or devices on your Company account, and you will continue to be responsible for all the charges and fees associated with the remaining services on your Company account.
Once the port of the requested number is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any disconnection fees applicable to the ported number.
It is the Customer's sole responsibility to verify and review their monthly invoices and periodically check-in on the status of their account. If the Customer notices any discrepancies, the Customer is responsible to immediately notify Company of any required changes.g. Long Distance Exclusivity:
It is understood that Company will be the Customer's exclusive long distance provider for the time that this agreement is in force. Company has the authority to direct all of the Customer's long distance calls through Company's lines (if appropriate).h. Regular Usage:
Company Customers must note that the service provided are solely for regular residential or commercial use.
The Customer shall not resell or transfer the service to another party without prior written consent from Company. The Customer is also prohibited from using the service for auto-dialing, telemarketing, fax or voicemail broadcasting or fax or voicemail blasting.
We reserve the right to immediately terminate or modify a Customer's service if we determine that his or her use of the service is, or at any time was, inconsistent with normal residential usage patterns.
In addition, the Customer will be required to pay our rates for wholesale service for all periods in which his or her use of the service or the device was inconsistent with normal residential or commercial use.i. Fraudulent calls:
The Customer is solely responsible for the security and integrity of their VoIP gateway, and acknowledges that any usage charges resulting from unauthorized access to their gateway or network by a known or unknown party will be invoiced to the Customer.j. Proprietary Rights:
The Customer acknowledges and agrees that all content available on this website is protected by copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.
Except as expressly authorized by Company Inc., the Customer agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
Notwithstanding the above, the Customer may print or download one copy of the materials or content on this website on any single computer for their personal, non-commercial use, provided the Customer keeps intact all copyright and other proprietary notices.
Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company Inc. is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Service is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without the express written permission of Company Inc.2. Service Outage:
a. Power Outage:
The Customer acknowledges and understands that Company's services may not function in the event of a power failure. Should there be an interruption in the power supply; services may not resume until power is restored.b. Service Outage Due to Suspension of the Customer's Account:
The Customer acknowledges and understands that service outages due to suspension of his or her account as a result of billing issues will prevent any calls from being made or received.c. Other Service Outages:
The Customer acknowledges and understands that if there is a service outage for any reason, such outage will prevent any calls from being made or received. Such outages may occur for a variety of reasons, including but not limited to, those reasons described elsewhere in this Agreement.3. Service Limitations a. IMPORTANT INFORMATION ABOUT EMERGENCY 9-1-1 SERVICE:
This service is designed for redistribution of incoming calls only. NO out bound calls can be connected through this service.
There are no 911 services available or applicable to this service.4. Charges / Payments / Default / Taxes / Termination a. Invoicing:
Company will provide invoices stating the recurring fees for the upcoming term on the second day of the month. Invoices are due and automatically billed per the billing provisions selected by the customer at the time of subscription.
A late payment charge applies when a credit card or debit payment is rejected. The charge of $10.00 will be applied to cover costs of manual entry and reprocessing of charges before re-instating all services..b. Billing Disputes:
The Customer must notify Company via email within seven (7) days after receiving their credit card statement if there is dispute of any Company charges or such dispute will be deemed waived. Billing disputes should be reported to the following address:firstname.lastname@example.org. Payment:
Company accepts the following payment methods:
· Pre-authorized credit card withdrawals & electronic credit card debit (Visa Only)Pre-authorized Payments
The customer's initial use of services, after having submitted credit card or bank account information with the express request to be used for pre-authorized payments, validates Company's processing of the provided information for the due charges. The customer must notify Company of any changes in payment information, and is responsible for charges that accrue during any billing charges.
The authorization will remain valid until 30 days after Company receives electronic notice requesting termination of pre-authorized payments. Company may terminate service at any time at its sole discretion, if any charge to the Customer's credit card or bank account on file with Company is declined and/or in the case of any other non-payment of account charges.
In the case of termination of service for declined card or bank account or non-payment, the Customer is fully liable to Company for all charges accrued before termination, as well as for charges incurred by Company owing to non-payment, such as (but not limited to) collection costs and attorney's fees.d. Consent to Credit Verification:
By Agreeing to Company's Terms of Service I hereby declare that all the information provided by me is true, complete and correct to the best of my knowledge. I understand that this information may be used to determine my credit worthiness and in order to assess my ability to meet my financial obligations. I authorize fedphoneline.com and its agents or assigns to:
i) Request and obtain personal information on an ongoing basis from credit bureaus from previously collected credit history information;
ii) Exchange personal information on an ongoing basis with credit bureaus in order to protect me, to ensure the completeness of the information and to maintain the integrity of the credit granting system;
iii) Co-operate with local, provincial and national authorities in the investigation of unlawful or improper activities in order to protect myself and Company from fraudulent transactions;
iv) Disclose my personal information where necessary to protect Company's and my interests.
v) I agree that Company may conduct a preauthorization on my credit card, in order to determine my credit worthiness, which will imply blocking an amount at least equal to the first invoice. The amount will be released in 48 hours (Note: certain banks release the amount upon customer's request).
vi) I acknowledge that based on the result of the credit verification, Company may request a security deposit which stands as a primary condition for providing the service. The deposit is calculated as 150% out of the monthly charges, and might be returned upon request after 12 months of positive payment history.e. Termination/Discontinuance of Service:
Company reserves the right to discontinue providing services generally, or to terminate the Customer's service, at any time at its sole discretion.
If Company discontinues providing services generally, or terminates the Customer's service at its discretion without a stated reason, the Customer will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the term's charges.
If service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of Company's services (such as, but not limited to, attempts to hack, disrupt, or misuse Company's services), the Customer will be responsible for the full charges to the end of the current term, including without limitation unbilled charges, plus a Disconnection fee, all of which become immediately due and payable.
In addition to Company's right to terminate the Customer's Services, Company may restrict, block, suspend or terminate any or all of the Customer' Services or accounts, without notice to the Customer, if:
· Customer is in breach of the Agreement, including non-payment of charges or non-compliance with any Policies;
· Customer does not maintain Service usage within the prescribed credit limit;
· Customer has given Company false, misleading or outdated information;
· Company reasonably suspects or determines that any of the Customer's account, identifiers or Services are the subject of fraudulent, unlawful or improper usage or usage that adversely affects Company's operations or the use of Company's services, facilities or networks by others;
· Customer harasses, threaten or abuses Company or its employees or agents;
· Customer fraudulently or improperly seeks to avoid payment to Company;
· Company needs to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the Services, its facilities or networks;
· Any account or service on which the Customer's Services depend is terminated for any reason;
· Company reasonably believes that there is an emergency or extreme circumstance that would warrant such action.
Customer acknowledges and agrees to provide Company advance notice of Service / Account Cancellation by submitting an Request Cancellation Ticket. Customer may also benefit from the service during the brief period before cancellation. Upon the Service Agreement Termination, customer will remain responsible for payment of all outstanding balances accrued throughout the effective date of cancellation as well as applicable disconnection fees or purchase fees.f. Taxes:
Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on Company as a result of providing Company's services or a device will be billed to the Customer's account. If a Customer is exempt from payment of such taxes, then that Customer will provide Company with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date Company receives the Tax Exempt Document.g. Batch Payment Method:
In an attempt to make our customers lives easier, Fedphoneline uses the batch payment method. This includes the first bill; as such, users who subscribe to the service will not be billed immediately – instead, they will be billed at 2:00AM the following business day.6. Limitations a. Limitation of Liability:
Company shall not be liable for any failure to provide its services or any degradation of voice quality caused by any of the following:
a. Act or omission of an underlying carrier
b. Equipment, network or facility failure
c. Equipment, network or facility upgrade or modification
d. Force majeure events such as (but not limited to) acts of god: strikes; fire; war; riot; government actions
e. Equipment, network or facility shortage
f. Equipment or facility relocation
g. Any other cause that is beyond Company 's control, including without limitation the failure of an incoming or outgoing call to be connected or completed, including a 9-1-1 emergency call. This includes degradation of voice quality. Company's liability for any failure or mistake shall in no event exceed service charges on account of the affected time period.
Company is not liable for incidental or consequential damages of any type.
UNDER NO CIRCUMSTANCES SHALL COMPANY INC., ITS PARENTS, SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY INC.'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.b. Indemnification:
The Customer agrees to defend, indemnify, and hold Company, its affiliates and agents and any other service provider who furnish services to the Customer in connection with this Agreement or Company's services, free from claims or damages by, or in the right of, the customer relating to this Agreement, Company's services or the device. This paragraph shall survive termination of this agreement.c. No Warranties on Service:
COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS PROVIDE THE SERVICES "AS-IS" AND MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH THE NETWORK, THE SERVICES (INCLUDING ANY FEATURES) OR THE EQUIPMENT CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL REPRESENTATIONS WARRANTIES OR CONDITIONS OF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.7. Confidential Information:
Confidential Information shall include all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, by one Company representative to the Customer.
Except as otherwise specified herein, the Customer and Company each expressly undertake to retain in confidence all information transmitted to them by the other party pursuant to this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential ("Confidential Information"), and will make no use of such Confidential Information except under the terms and during the existence of this Agreement.
The Customer and Company shall treat the terms and conditions of this Agreement as confidential; however, either party may disclose such information in confidence to its immediate legal and financial consultants as required in the ordinary course of that party's business.
The receiving party's obligation hereunder shall extend for two (2) years following the disclosure of the Confidential Information.8. Privacy and Notices:
Company collects personal information to:
· Help provide the Customer with better service delivery
· Understand each Customer's needs in order to recommend appropriate products or services
· Better manage its own operations
· Comply with legislative requirements
· Prevent fraud and protect Company and its Customers from possible fraudulent actions
Company will advise the Customer of the reason it collects personal information when or before such information is collected.2. Consent.
The Customer's knowledge and consent to the collection, use or disclosure of personal information is required, except where inappropriate to do so.3. Limits.
Company will limit its collection of personal information to that which is necessary for the abovementioned purposes. This collection shall only be done by fair and lawful means.
Company will not use or disclose personal information for any purposes other than those for which it was collected, except with the consent of the individual or as required by law.
When we provide information to third parties, such parties are required to adhere to confidentiality agreements to ensure that the Customer's information remains safe and secure.
Third parties include Company agents, other communication service providers (to enable service delivery outside Canada), collection agencies, emergency services and law enforcement agencies.
Personal information shall be retained only as long as necessary for the fulfillment of those purposes.4. Accuracy.
Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.5. Security.
Only authorized Company employees are permitted to have access to a Customer's personal information and such access is limited by need.
If a customer calls Company's Customer Care department with a concern or complaint for example, the representative is allowed to access only the personal information that he or she needs to address that concern.6. Customer Access.
Upon request, the Customer shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information.
The Customer may challenge the accuracy and completeness of the information and have it amended as appropriate.7. Definition: "Personal Information":
Means information about an identifiable individual and includes information about the Customer's Company VoIP service selections.
Information that is publicly available (such as a public directory listing of a name or information that is printed on a business card – including the Customer's address, telephone number and email address) is not considered personal information.9. Resolution of Disputes:
Mandatory Arbitration: Any dispute or claim between a Customer and Company arising out of, or relating to, Company's services provided by Company in connection with this Agreement shall be resolved by arbitration before a single arbitrator.
The arbitrator's decision shall follow the plain meaning of the relevant documents and shall 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.
All claims shall be arbitrated individually and the Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims to the arbitration process.
The arbitrator shall have no authority to award punitive damages. The Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.10. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada, without regard to its conflict of law provisions.
The Customer and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario.
The failure of Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Company's services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.11. Entire Agreement:
This Agreement and the rates for services found on Company's website constitute the entire agreement between the Customer and Company and govern the Customer's use of Company's services.
This Agreement supersedes any prior agreements between the Customer and Company and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter between the Customer and Company as regularly updated.
No amendment to this Agreement shall be binding upon Company unless and until posted in accordance with Section 3 hereof.12. Severability:
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable.
Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.