1. CONDITIONS OF USE OF THE SERVICE
1.1 Lawful Uses. You acknowledge that posting, transmitting or otherwise distributing information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability while using a Service or your Account is strictly prohibited. Using a Service in a manner that is contrary to law or to our policies or would serve to restrict or inhibit any other user from using or enjoying any services that we provide or the Internet is also strictly prohibited. You also agree not to use any Service or any Equipment or Software provided in connection with a Service in a manner that contravenes restrictions lawfully and legitimately imposed on us by our Carriers. Harassment or abuse of any kind directed at our employees, contractors, agents or representatives is strictly prohibited.
1.2 No resale. You shall not in any way resell, license or allow any third party to use the Service without receiving our prior written consent. You may not share or transfer your Services without our express written consent.
1.3 Right to Suspend or Terminate. We reserve the right to suspend or terminate (subject to such termination being in accordance with the provisions of article 4 of these Terms and Conditions) your Services or any portion thereof, where any of your Services is used in any manner that impairs the use of Service(s) by others, is inconsistent with the CUSTOMER SERVICE AGREEMENT or is contrary to law, or during any period in which any amount payable by you to us is past due. We may move, remove or refuse to post any content, information or materials, in whole or in part, that we decide are unacceptable, undesirable or in violation of the CUSTOMER SERVICE AGREEMENT .
1.4 Prices and Service Fees. Prices for Services and/or discount rates may be subject to change upon written notice. In such cases, you will be informed thirty (30) days before the effective date.
1.5 Service Disclaimer. You acknowledge that to the maximum extent permitted by law, FollowTel does not warrant uninterrupted or error free Service or the content, availability, accuracy or any other aspect of any information including, without limitation, all data, files and all other information or content in any form or of any type, accessible or made available to or by you through the use of the Service, and FollowTel shall be permitted from time to time to interrupt the Service without notice in order to provide maintenance, upgrades and modifications to the Service.
1.6 Service Availability. Each Service is available only in those areas to which the network of FollowTel and the networks of Carriers employed by to provide the Service extend and where the Service has actually been rolled out by us. Service availability is also subject to the availability of appropriate facilities and is dependent on the availability of suitable technology at the location(s) at which you wish to obtain the Service.
2. EQUIPMENT, SOFTWARE AND INSTALLATION REQUIREMENTS
2.1 Good Working Condition. Equipment provided by FollowTel to you shall be deemed to have been delivered in good working condition unless you give us notice to the contrary within five (5) days of receiving the equipment.
2.2 Equipment Rentals. Except for Equipment for which you have fully paid, all Equipment installed or provided by us remains our property and you agree that: i) You will take reasonable care with such Equipment; ii) You may not sell, lease, mortgage, transfer, assign or encumber such Equipment; iii) You may not reconfigure or re-locate such Equipment without our knowledge and permission; iv) You will return such Equipment to us at your own expense upon termination of the Services to which the Equipment related; v) If any Equipment belonging to us is lost, stolen or damaged or sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree to pay us the undiscounted retail value of such Equipment, together with any costs incurred by us in seeking possession of such Equipment.
2.3 Equipment Sales. All Equipment sales are final unless Service has not been activated for a twenty-one (21) day period following the purchase of Services. In any event, no refunds will be allowed unless the Equipment you purchased is defective, you are in good active standing with FollowTel and the manufacturer s warranty for the Equipment is still effective.
2.4 Access. You authorize us and our representatives to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of our Services, the Equipment or our facilities or networks. If any of your Services or Accounts has been terminated, then you authorize us and our representatives to enter or have access to your premises to disconnect the Services, as applicable. If you live in a condominium, townhouse, apartment or other form of multiple dwelling or rental unit, it is your responsibility to obtain the required letter of authorization and arrange for access to the building utility room from the condominium board, landlord, or other authorized owner or governing body for the purposes of service installation.
2.5 Customer Supplied Equipment. You shall arrange for the supply, installation and maintenance of any equipment or software that you or a third party provides and ensure compliance with the manufacturer s specifications and FollowTel’s specifications, if any. You shall ensure that any of the equipment or software you provide meets the requirements stated by FollowTel as being necessary to use the Service.
2.6Equipment Environment. You shall ensure at all times that the FollowTel provided Equipment and Customer or third party provided equipment is stored in a manner and in an environment which conforms to the relevant equipment manufacturer’s specifications. The environment must include all necessary infrastructure, including without limitation, power outlets, grounding and anti-static environments required for the safe and efficient operation and maintenance of the FollowTel provided Equipment and the Customer or third party provided equipment in accordance with the Canadian Standards Association or other specifications or regulations as applicable.
2.7 Equipment Requirement Changes. From time to time, the computer equipment required to access and use the Service may change. Accordingly, Customer supplied equipment may cease to be adequate to access and use the Service. The Service is available as, where, when, and to the extent that technology permits. FollowTel shall not be responsible if any changes in the Service cause equipment, hardware or software not provided by FollowTel to become obsolete, require modification or attention, or otherwise affect performance of same.
3. TERMINATION
3.1 Customer Termination. Unless otherwise permitted or restricted by applicable law, you may terminate any or all of your Services or Accounts upon no less than 30 days advance notice to FollowTel. If you do not terminate within 30 days of your applicable monthly renewal date, renewal of the subsequent month shall be processed in the normal course.
3.2 Customer Termination for Cause. Unless otherwise permitted or restricted by applicable law, you may terminate the CUSTOMER SERVICE AGREEMENT in the event FollowTel fails to provide the Service when due and fails to remedy such breach within thirty (30) days after receiving written notice thereof from you.
3.3 FollowTel Termination. Unless otherwise permitted or restricted by applicable law, FollowTel may terminate any or all of your Services or Accounts upon no less than 30 days advance notice to you at your billing address.
3.4 FollowTel Termination for Cause. Unless otherwise permitted or restricted by applicable law, FollowTel reserves the right to terminate the CUSTOMER SERVICE AGREEMENT for cause if you are in breach of any terms of the CUSTOMER SERVICE AGREEMENT , including non-payment of your charges. FollowTel may terminate the CUSTOMER SERVICE AGREEMENT if you fail to remedy the breach or default within two (1) days after receiving written notice of termination from FollowTel. Notwithstanding the foregoing, if the breach is not capable of being remedied within such two (1) day period, the period in which the breach may be remedied shall be extended for an additional period of three (3) days, provided that you have used and continue to use all reasonable commercial/personal efforts to cure the breach in a timely manner. Nothing in this section shall be construed as limiting FollowTel’s right to suspend your Service immediately at any time for any of the reasons set out in section 1.3.
3.5 Termination due to Insolvency. Either party may, at its option, terminate the CUSTOMER SERVICE AGREEMENT effective five (5) days after notice or prior opportunity to cure the default if the other party makes or is deemed to have made a general assignment for the benefit of creditors under bankruptcy or insolvency legislation or if it is declared or adjudicated bankrupt, or if an application is made in respect of it under bankruptcy or insolvency legislation, or if a liquidator, trustee in bankruptcy, custodian, receiver, receiver and manager, moderator, or any other officer with similar powers is appointed of or for it or if it commits any act of bankruptcy or institutes proceedings to be adjudged bankrupt or insolvent or consents to the institution of such appointments or proceedings, or if it admits in writing an inability to pay debts generally as they become due or becomes an insolvent person.
4. LIMITATION OF LIABILITY
4.1 In no event will the aggregate liability of FollowTel, its affiliates, subsidiaries, partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives) (collectively “FollowTel Parties”)exceed, and Customer s exclusive remedy shall be to receive from FollowTel, payment for actual and direct damages to a maximum amount of, the fees paid hereunder by Customer to FollowTel in the preceding three (3) month period for the affected Services. Customer hereby waives its rights to any damages, costs, awards or expenses in excess of such fees.
4.2 UNDER NO CIRCUMSTANCES SHALL FOLLOWTEL OR FOLLOWTEL PARTIES BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COSTS, LIABILITY, LOSS, OR DAMAGE WHATSOEVER, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF USE OF ANY INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF FOLLOWTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CUSTOMER AGREES, ACKNOWLEDGES AND CONFIRMS THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION ARE FAIR AND REASONABLE IN THE COMMERCIAL CIRCUMSTANCES OF THE CUSTOMER SERVICE AGREEMENT AND THAT FOLLOWTEL WOULD NOT HAVE ENTERED INTO THE CUSTOMER SERVICE AGREEMENT BUT FOR CUSTOMER’S AGREEMENT TO LIMIT FOLLOWTEL AND FOLLOWTEL PARTIES LIABILITY IN THE MANNER, AND TO THE EXTENT, PROVIDED FOR HEREIN. CUSTOMER’S SOLE REMEDY IS AS PROVIDED IN THIS CUSTOMER SERVICE AGREEMENT . FOLLOWTEL AND FOLLOWTEL PARTIES ASSUME NO LIABILITY ARISING FROM (i) THE USE OF THE SERVICE FURNISHED BY FOLLOWTEL IN COMBINATION WITH SERVICE, PRODUCTS OR EQUIPMENT PROVIDED BY CUSTOMER OR ANY THIRD PARTIES; OR (ii) THE FAILURE BY THE CUSTOMER TO PERFORM ITS OBLIGATIONS. THIS SECTION 5 SHALL APPLY EVEN IN THE EVENT OF A BREACH OF CONDITION, A BREACH OF AN ESSENTIAL OR FUNDAMENTAL TERM, OR A FUNDAMENTAL BREACH OF THE CUSTOMER SERVICE AGREEMENT .
4.3 To the greatest extent permitted by applicable law, the provisions of articles 5, 6 and 7 apply to any act or omission of any or all FollowTel Parties, however caused, whether or not such acts or omissions would otherwise constitute a cause of action in contract, tort or any other doctrine of law.
4.4 For greater certainty, and without limitation, FollowTel Parties will not be liable to Customer or any third party for the denial, restriction, blocking, disruption or inaccessibility of any Services, including 9-1-1, public alerts or special needs services, Equipment or identifiers (including telephone numbers). The additional limitation of liability provisions of article 6 below also apply with respect to any FollowTel VoIP Service as defined therein.
5. LIMITATION FOR VOICE OVER INTERNET PROTOCOL (“VoIP”) CALLING AND RELATED LIMITATION OF LIABILITY
5.1 There are some differences and limitations in how 911 calling over FollowTel Services provided using VoIP technology (“FollowTel VoIP Service“) operates relative to 911 service over traditional telephone service as further described in the following sections. Please review this article 6 of these Terms and Conditions thoroughly before activating, installing or using any FollowTel VoIP Service.
6.2 FollowTel offers a form of 911 calling 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 basic 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 last address are visible to the emergency response centre call-taker. With FollowTel VoIP Service 911 calling, your call is sent to a national emergency call centre. Regardless of whether your call-back number and the last address registered with FollowTel for your FollowTel VoIP Service are visible to the call centre operator, when you make a 911 call, you will be asked to confirm your location information. The call centre operator will then transfer your 911 call to the emergency response centre nearest your location. You should be prepared to provide or confirm your name, address and call-back number with the operator. Do not hang up unless told directly to do so and if disconnected, immediately dial 911 again.
5.3 If you are unable to speak during a 911 call and the call centre operator has access to a call-back number and last registered address associated with your FollowTel VoIP Service, the operator will transfer the call to the emergency response centre closest to that address. In order for emergency services to be dispatched to the correct address in such cases, you must ensure that the registered address that you have provided to FollowTel is always the same as the physical address at which the Analog Terminal Adapter/other device you use to obtain your FollowTel VoIP Service (“VoIP Device“) is located. Whenever you move the physical location of your VoIP Device or you add a line, you must update your registered address accordingly.
5.4 FollowTel VoIP Service 911 calling will not function in the event of a power or broadband outage or if your broadband service (whether obtained from FollowTel or another Internet service provider) is suspended or disconnected. Following a power failure or disruption, you may need to reset or reconfigure your VoIP Device prior to utilizing FollowTel VoIP Service, including 911 calling.
5.5 You must successfully register your location of use for each changed, newly added or newly ported number in order for 911 calling to function as intended.
5.6 Improper installation or configuration of your VoIP Device or other Equipment used in conjunction with FollowTel VoIP Service will prevent your 911 calling from functioning as intended. Immediately following installation of your VoIP Device and FollowTel VoIP Service and following every power outage, or if you have reason to suspect that anyone has tampered with the VoIP Device or related Equipment or that it has failed, you should make a test call to another telephone number (NOT 911) using your FollowTel VoIP Service to ensure that it is functioning correctly in case a 911 call will need to be made at some point using the FollowTel VoIP Service. If the FollowTel VoIP Service is not working correctly at any time, please call technical support at 6474764243 from another telephone for assistance.
5.7 There may be a greater possibility of network congestion and/or reduced speed in the routing of 911 calls made utilizing FollowTel VoIP Service as compared to traditional 911 calls dialed over traditional public telephone networks.
5.8 You should inform any business or household residents, guests and other persons who may be present at the physical location where you utilize FollowTel VoIP Service, of the important differences in and limitations of FollowTel VoIP Service 911 calling as compared with E911 service, as set out above.
5.9 FollowTel does not currently offer operator service and so emergency services cannot be accessed through an operator by dialling “0”.
5.10 FollowTel does not have any control over whether, or the manner in which, calls using FollowTel VoIP Service 911 calling service are answered or addressed by any local emergency response centre. FollowTel disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling centre. FollowTel relies on third parties to assist it in routing 911 calls to local emergency response centers and to a national emergency calling centre. FollowTel disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result.
5.11 You acknowledge and understand that the FollowTel VoIP Service or access to the FollowTel VoIP Service, including 911, public alerts or special needs services, may not function correctly, or at all, in the following circumstances:
If your Equipment fails, is not configured correctly or does not meet FollowTel s requirements;
In the event of a high-speed Internet service outage, regardless of the supplier providing the high-speed Internet service to you;
In the event of a network outage or power failure;
If you tamper with or, in some cases, move the Equipment; or
Following suspension or termination of your FollowTel Services or Account.
5.12 You acknowledge and agree that, to the maximum extent allowed by law, FollowTel Parties will not be liable for any injury, death or damage to persons or property, arising directly or indirectly out of, or relating in any way to 911 calling from your FollowTel VoIP Service and you agree to indemnify and hold harmless FollowTel Parties for any liabilities, claims, damages, losses and expenses, (including reasonable legal fees and expenses) which you or anyone accessing or attempting to access 911 calling from your FollowTel VoIP Service may suffer or incur, arising directly or indirectly out of or relating to your or that person s failure to obtain access to 911 emergency services.
5.13 By subscribing to FollowTel VoIP Service and activating it, you acknowledge all of the limitations of the 911 calling provided through FollowTel VoIP Service, that you will take all of the corresponding measures described above in light of these limitations, that you accept the limitations of liability applicable to 911 calling provided through FollowTel VoIP Service. If you do not agree with any of the Terms and Conditions related to FollowTel VoIP Service, including the limitations and requirements associated with 911 calling provided over FollowTel VoIP Service, do not subscribe to, or activate, FollowTel VoIP Service, do not install the VoIP Device or any other Equipment provided in connection with the FollowTel VoIP Service.
6. INDEMNITY
6.1 You will indemnify and hold harmless FollowTel Parties from and against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by any or all of FollowTel Parties relating to your violation, alleged violation or misappropriation of any intellectual property, industrial, contractual, privacy or other rights of a third party or any alleged libel or slander by a third party against you.
6.2 You will indemnify and hold harmless FollowTel Parties from and against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by any or all of FollowTel Parties relating to the violation of the CUSTOMER SERVICE AGREEMENT by you or any user of your Account, or in connection with your or their use of the Services and/or any related Content.
7. MISCELLANEOUS
7.1 Entire Agreement. The CUSTOMER SERVICE AGREEMENT is the entire, binding agreement between FollowTel and Customer, made under the laws of Ontario, Canada, pertaining to use of the Service and supersedes any prior agreements between Customer and FollowTel with regard to its subject matter. FollowTel’s failure to insist upon or enforce strict performance of any right or provision of the CUSTOMER SERVICE AGREEMENT shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained herein are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.
7.2 Force Majeure. In no event shall we be liable for any failure to comply with the CUSTOMER SERVICE AGREEMENT if such failure results from any condition or event beyond our reasonable control, including, but not limited to, computer hacking, security breach, fire, flood, earthquake, any elements of nature or acts of God, theft, riot, strike or other labor disturbance, power failure, war or terrorism.
7.3 Notices. All notices provided by FollowTel pursuant to the CUSTOMER SERVICE AGREEMENT will be delivered to you by mail at your billing address or by email or fax at the coordinates you provided to FollowTel upon subscription for Service(s). It is your responsibility to ensure that the contact information that you provide to FollowTel is accurate. All notices that you may provide to FollowTel pursuant to the CUSTOMER SERVICE AGREEMENT can be delivered by:
Mail at:
491, 16th Ave.
Richmond Hill, Ontario
L4C 7A7
Email at: info@followtel.com
Fax at: 6474764245
7.4 Activation Fee. Activation fees are non-refundable.
7.5 Diagnostic Maintenance Charges. A diagnostic maintenance charge will apply when a Carrier technician is dispatched to your premises, performs work either inside or outside (demarcation point) and no problem is found with the Carrier s facilities or equipment. If any inside wiring or jacks require repair/installing, the Carrier will charge FollowTel a fee (plus applicable taxes) that will be passed on to the Customer.
7.6 Inside Wiring “ISW”. All inside wiring beyond the Carrier’s demarcation point is the responsibility of the Customer. FollowTel only provides services up to the demarcation point for dry loop ADSL services.
7.7 Schedule Installation Dates Take note that installation dates assigned by our respective service providers may change at any time. We have no control over these circumstances and will not warrant against, or compensate for, any such delays.
7.8 Monthly Fees All monthly fees are non-refundable.
1.1 Lawful Uses. You acknowledge that posting, transmitting or otherwise distributing information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability while using a Service or your Account is strictly prohibited. Using a Service in a manner that is contrary to law or to our policies or would serve to restrict or inhibit any other user from using or enjoying any services that we provide or the Internet is also strictly prohibited. You also agree not to use any Service or any Equipment or Software provided in connection with a Service in a manner that contravenes restrictions lawfully and legitimately imposed on us by our Carriers. Harassment or abuse of any kind directed at our employees, contractors, agents or representatives is strictly prohibited.
1.2 No resale. You shall not in any way resell, license or allow any third party to use the Service without receiving our prior written consent. You may not share or transfer your Services without our express written consent.
1.3 Right to Suspend or Terminate. We reserve the right to suspend or terminate (subject to such termination being in accordance with the provisions of article 4 of these Terms and Conditions) your Services or any portion thereof, where any of your Services is used in any manner that impairs the use of Service(s) by others, is inconsistent with the CUSTOMER SERVICE AGREEMENT or is contrary to law, or during any period in which any amount payable by you to us is past due. We may move, remove or refuse to post any content, information or materials, in whole or in part, that we decide are unacceptable, undesirable or in violation of the CUSTOMER SERVICE AGREEMENT .
1.4 Prices and Service Fees. Prices for Services and/or discount rates may be subject to change upon written notice. In such cases, you will be informed thirty (30) days before the effective date.
1.5 Service Disclaimer. You acknowledge that to the maximum extent permitted by law, FollowTel does not warrant uninterrupted or error free Service or the content, availability, accuracy or any other aspect of any information including, without limitation, all data, files and all other information or content in any form or of any type, accessible or made available to or by you through the use of the Service, and FollowTel shall be permitted from time to time to interrupt the Service without notice in order to provide maintenance, upgrades and modifications to the Service.
1.6 Service Availability. Each Service is available only in those areas to which the network of FollowTel and the networks of Carriers employed by to provide the Service extend and where the Service has actually been rolled out by us. Service availability is also subject to the availability of appropriate facilities and is dependent on the availability of suitable technology at the location(s) at which you wish to obtain the Service.
2. EQUIPMENT, SOFTWARE AND INSTALLATION REQUIREMENTS
2.1 Good Working Condition. Equipment provided by FollowTel to you shall be deemed to have been delivered in good working condition unless you give us notice to the contrary within five (5) days of receiving the equipment.
2.2 Equipment Rentals. Except for Equipment for which you have fully paid, all Equipment installed or provided by us remains our property and you agree that: i) You will take reasonable care with such Equipment; ii) You may not sell, lease, mortgage, transfer, assign or encumber such Equipment; iii) You may not reconfigure or re-locate such Equipment without our knowledge and permission; iv) You will return such Equipment to us at your own expense upon termination of the Services to which the Equipment related; v) If any Equipment belonging to us is lost, stolen or damaged or sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree to pay us the undiscounted retail value of such Equipment, together with any costs incurred by us in seeking possession of such Equipment.
2.3 Equipment Sales. All Equipment sales are final unless Service has not been activated for a twenty-one (21) day period following the purchase of Services. In any event, no refunds will be allowed unless the Equipment you purchased is defective, you are in good active standing with FollowTel and the manufacturer s warranty for the Equipment is still effective.
2.4 Access. You authorize us and our representatives to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of our Services, the Equipment or our facilities or networks. If any of your Services or Accounts has been terminated, then you authorize us and our representatives to enter or have access to your premises to disconnect the Services, as applicable. If you live in a condominium, townhouse, apartment or other form of multiple dwelling or rental unit, it is your responsibility to obtain the required letter of authorization and arrange for access to the building utility room from the condominium board, landlord, or other authorized owner or governing body for the purposes of service installation.
2.5 Customer Supplied Equipment. You shall arrange for the supply, installation and maintenance of any equipment or software that you or a third party provides and ensure compliance with the manufacturer s specifications and FollowTel’s specifications, if any. You shall ensure that any of the equipment or software you provide meets the requirements stated by FollowTel as being necessary to use the Service.
2.6Equipment Environment. You shall ensure at all times that the FollowTel provided Equipment and Customer or third party provided equipment is stored in a manner and in an environment which conforms to the relevant equipment manufacturer’s specifications. The environment must include all necessary infrastructure, including without limitation, power outlets, grounding and anti-static environments required for the safe and efficient operation and maintenance of the FollowTel provided Equipment and the Customer or third party provided equipment in accordance with the Canadian Standards Association or other specifications or regulations as applicable.
2.7 Equipment Requirement Changes. From time to time, the computer equipment required to access and use the Service may change. Accordingly, Customer supplied equipment may cease to be adequate to access and use the Service. The Service is available as, where, when, and to the extent that technology permits. FollowTel shall not be responsible if any changes in the Service cause equipment, hardware or software not provided by FollowTel to become obsolete, require modification or attention, or otherwise affect performance of same.
3. TERMINATION
3.1 Customer Termination. Unless otherwise permitted or restricted by applicable law, you may terminate any or all of your Services or Accounts upon no less than 30 days advance notice to FollowTel. If you do not terminate within 30 days of your applicable monthly renewal date, renewal of the subsequent month shall be processed in the normal course.
3.2 Customer Termination for Cause. Unless otherwise permitted or restricted by applicable law, you may terminate the CUSTOMER SERVICE AGREEMENT in the event FollowTel fails to provide the Service when due and fails to remedy such breach within thirty (30) days after receiving written notice thereof from you.
3.3 FollowTel Termination. Unless otherwise permitted or restricted by applicable law, FollowTel may terminate any or all of your Services or Accounts upon no less than 30 days advance notice to you at your billing address.
3.4 FollowTel Termination for Cause. Unless otherwise permitted or restricted by applicable law, FollowTel reserves the right to terminate the CUSTOMER SERVICE AGREEMENT for cause if you are in breach of any terms of the CUSTOMER SERVICE AGREEMENT , including non-payment of your charges. FollowTel may terminate the CUSTOMER SERVICE AGREEMENT if you fail to remedy the breach or default within two (1) days after receiving written notice of termination from FollowTel. Notwithstanding the foregoing, if the breach is not capable of being remedied within such two (1) day period, the period in which the breach may be remedied shall be extended for an additional period of three (3) days, provided that you have used and continue to use all reasonable commercial/personal efforts to cure the breach in a timely manner. Nothing in this section shall be construed as limiting FollowTel’s right to suspend your Service immediately at any time for any of the reasons set out in section 1.3.
3.5 Termination due to Insolvency. Either party may, at its option, terminate the CUSTOMER SERVICE AGREEMENT effective five (5) days after notice or prior opportunity to cure the default if the other party makes or is deemed to have made a general assignment for the benefit of creditors under bankruptcy or insolvency legislation or if it is declared or adjudicated bankrupt, or if an application is made in respect of it under bankruptcy or insolvency legislation, or if a liquidator, trustee in bankruptcy, custodian, receiver, receiver and manager, moderator, or any other officer with similar powers is appointed of or for it or if it commits any act of bankruptcy or institutes proceedings to be adjudged bankrupt or insolvent or consents to the institution of such appointments or proceedings, or if it admits in writing an inability to pay debts generally as they become due or becomes an insolvent person.
4. LIMITATION OF LIABILITY
4.1 In no event will the aggregate liability of FollowTel, its affiliates, subsidiaries, partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives) (collectively “FollowTel Parties”)exceed, and Customer s exclusive remedy shall be to receive from FollowTel, payment for actual and direct damages to a maximum amount of, the fees paid hereunder by Customer to FollowTel in the preceding three (3) month period for the affected Services. Customer hereby waives its rights to any damages, costs, awards or expenses in excess of such fees.
4.2 UNDER NO CIRCUMSTANCES SHALL FOLLOWTEL OR FOLLOWTEL PARTIES BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COSTS, LIABILITY, LOSS, OR DAMAGE WHATSOEVER, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF USE OF ANY INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF FOLLOWTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CUSTOMER AGREES, ACKNOWLEDGES AND CONFIRMS THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION ARE FAIR AND REASONABLE IN THE COMMERCIAL CIRCUMSTANCES OF THE CUSTOMER SERVICE AGREEMENT AND THAT FOLLOWTEL WOULD NOT HAVE ENTERED INTO THE CUSTOMER SERVICE AGREEMENT BUT FOR CUSTOMER’S AGREEMENT TO LIMIT FOLLOWTEL AND FOLLOWTEL PARTIES LIABILITY IN THE MANNER, AND TO THE EXTENT, PROVIDED FOR HEREIN. CUSTOMER’S SOLE REMEDY IS AS PROVIDED IN THIS CUSTOMER SERVICE AGREEMENT . FOLLOWTEL AND FOLLOWTEL PARTIES ASSUME NO LIABILITY ARISING FROM (i) THE USE OF THE SERVICE FURNISHED BY FOLLOWTEL IN COMBINATION WITH SERVICE, PRODUCTS OR EQUIPMENT PROVIDED BY CUSTOMER OR ANY THIRD PARTIES; OR (ii) THE FAILURE BY THE CUSTOMER TO PERFORM ITS OBLIGATIONS. THIS SECTION 5 SHALL APPLY EVEN IN THE EVENT OF A BREACH OF CONDITION, A BREACH OF AN ESSENTIAL OR FUNDAMENTAL TERM, OR A FUNDAMENTAL BREACH OF THE CUSTOMER SERVICE AGREEMENT .
4.3 To the greatest extent permitted by applicable law, the provisions of articles 5, 6 and 7 apply to any act or omission of any or all FollowTel Parties, however caused, whether or not such acts or omissions would otherwise constitute a cause of action in contract, tort or any other doctrine of law.
4.4 For greater certainty, and without limitation, FollowTel Parties will not be liable to Customer or any third party for the denial, restriction, blocking, disruption or inaccessibility of any Services, including 9-1-1, public alerts or special needs services, Equipment or identifiers (including telephone numbers). The additional limitation of liability provisions of article 6 below also apply with respect to any FollowTel VoIP Service as defined therein.
5. LIMITATION FOR VOICE OVER INTERNET PROTOCOL (“VoIP”) CALLING AND RELATED LIMITATION OF LIABILITY
5.1 There are some differences and limitations in how 911 calling over FollowTel Services provided using VoIP technology (“FollowTel VoIP Service“) operates relative to 911 service over traditional telephone service as further described in the following sections. Please review this article 6 of these Terms and Conditions thoroughly before activating, installing or using any FollowTel VoIP Service.
6.2 FollowTel offers a form of 911 calling 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 basic 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 last address are visible to the emergency response centre call-taker. With FollowTel VoIP Service 911 calling, your call is sent to a national emergency call centre. Regardless of whether your call-back number and the last address registered with FollowTel for your FollowTel VoIP Service are visible to the call centre operator, when you make a 911 call, you will be asked to confirm your location information. The call centre operator will then transfer your 911 call to the emergency response centre nearest your location. You should be prepared to provide or confirm your name, address and call-back number with the operator. Do not hang up unless told directly to do so and if disconnected, immediately dial 911 again.
5.3 If you are unable to speak during a 911 call and the call centre operator has access to a call-back number and last registered address associated with your FollowTel VoIP Service, the operator will transfer the call to the emergency response centre closest to that address. In order for emergency services to be dispatched to the correct address in such cases, you must ensure that the registered address that you have provided to FollowTel is always the same as the physical address at which the Analog Terminal Adapter/other device you use to obtain your FollowTel VoIP Service (“VoIP Device“) is located. Whenever you move the physical location of your VoIP Device or you add a line, you must update your registered address accordingly.
5.4 FollowTel VoIP Service 911 calling will not function in the event of a power or broadband outage or if your broadband service (whether obtained from FollowTel or another Internet service provider) is suspended or disconnected. Following a power failure or disruption, you may need to reset or reconfigure your VoIP Device prior to utilizing FollowTel VoIP Service, including 911 calling.
5.5 You must successfully register your location of use for each changed, newly added or newly ported number in order for 911 calling to function as intended.
5.6 Improper installation or configuration of your VoIP Device or other Equipment used in conjunction with FollowTel VoIP Service will prevent your 911 calling from functioning as intended. Immediately following installation of your VoIP Device and FollowTel VoIP Service and following every power outage, or if you have reason to suspect that anyone has tampered with the VoIP Device or related Equipment or that it has failed, you should make a test call to another telephone number (NOT 911) using your FollowTel VoIP Service to ensure that it is functioning correctly in case a 911 call will need to be made at some point using the FollowTel VoIP Service. If the FollowTel VoIP Service is not working correctly at any time, please call technical support at 6474764243 from another telephone for assistance.
5.7 There may be a greater possibility of network congestion and/or reduced speed in the routing of 911 calls made utilizing FollowTel VoIP Service as compared to traditional 911 calls dialed over traditional public telephone networks.
5.8 You should inform any business or household residents, guests and other persons who may be present at the physical location where you utilize FollowTel VoIP Service, of the important differences in and limitations of FollowTel VoIP Service 911 calling as compared with E911 service, as set out above.
5.9 FollowTel does not currently offer operator service and so emergency services cannot be accessed through an operator by dialling “0”.
5.10 FollowTel does not have any control over whether, or the manner in which, calls using FollowTel VoIP Service 911 calling service are answered or addressed by any local emergency response centre. FollowTel disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling centre. FollowTel relies on third parties to assist it in routing 911 calls to local emergency response centers and to a national emergency calling centre. FollowTel disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result.
5.11 You acknowledge and understand that the FollowTel VoIP Service or access to the FollowTel VoIP Service, including 911, public alerts or special needs services, may not function correctly, or at all, in the following circumstances:
If your Equipment fails, is not configured correctly or does not meet FollowTel s requirements;
In the event of a high-speed Internet service outage, regardless of the supplier providing the high-speed Internet service to you;
In the event of a network outage or power failure;
If you tamper with or, in some cases, move the Equipment; or
Following suspension or termination of your FollowTel Services or Account.
5.12 You acknowledge and agree that, to the maximum extent allowed by law, FollowTel Parties will not be liable for any injury, death or damage to persons or property, arising directly or indirectly out of, or relating in any way to 911 calling from your FollowTel VoIP Service and you agree to indemnify and hold harmless FollowTel Parties for any liabilities, claims, damages, losses and expenses, (including reasonable legal fees and expenses) which you or anyone accessing or attempting to access 911 calling from your FollowTel VoIP Service may suffer or incur, arising directly or indirectly out of or relating to your or that person s failure to obtain access to 911 emergency services.
5.13 By subscribing to FollowTel VoIP Service and activating it, you acknowledge all of the limitations of the 911 calling provided through FollowTel VoIP Service, that you will take all of the corresponding measures described above in light of these limitations, that you accept the limitations of liability applicable to 911 calling provided through FollowTel VoIP Service. If you do not agree with any of the Terms and Conditions related to FollowTel VoIP Service, including the limitations and requirements associated with 911 calling provided over FollowTel VoIP Service, do not subscribe to, or activate, FollowTel VoIP Service, do not install the VoIP Device or any other Equipment provided in connection with the FollowTel VoIP Service.
6. INDEMNITY
6.1 You will indemnify and hold harmless FollowTel Parties from and against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by any or all of FollowTel Parties relating to your violation, alleged violation or misappropriation of any intellectual property, industrial, contractual, privacy or other rights of a third party or any alleged libel or slander by a third party against you.
6.2 You will indemnify and hold harmless FollowTel Parties from and against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by any or all of FollowTel Parties relating to the violation of the CUSTOMER SERVICE AGREEMENT by you or any user of your Account, or in connection with your or their use of the Services and/or any related Content.
7. MISCELLANEOUS
7.1 Entire Agreement. The CUSTOMER SERVICE AGREEMENT is the entire, binding agreement between FollowTel and Customer, made under the laws of Ontario, Canada, pertaining to use of the Service and supersedes any prior agreements between Customer and FollowTel with regard to its subject matter. FollowTel’s failure to insist upon or enforce strict performance of any right or provision of the CUSTOMER SERVICE AGREEMENT shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained herein are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.
7.2 Force Majeure. In no event shall we be liable for any failure to comply with the CUSTOMER SERVICE AGREEMENT if such failure results from any condition or event beyond our reasonable control, including, but not limited to, computer hacking, security breach, fire, flood, earthquake, any elements of nature or acts of God, theft, riot, strike or other labor disturbance, power failure, war or terrorism.
7.3 Notices. All notices provided by FollowTel pursuant to the CUSTOMER SERVICE AGREEMENT will be delivered to you by mail at your billing address or by email or fax at the coordinates you provided to FollowTel upon subscription for Service(s). It is your responsibility to ensure that the contact information that you provide to FollowTel is accurate. All notices that you may provide to FollowTel pursuant to the CUSTOMER SERVICE AGREEMENT can be delivered by:
Mail at:
491, 16th Ave.
Richmond Hill, Ontario
L4C 7A7
Email at: info@followtel.com
Fax at: 6474764245
7.4 Activation Fee. Activation fees are non-refundable.
7.5 Diagnostic Maintenance Charges. A diagnostic maintenance charge will apply when a Carrier technician is dispatched to your premises, performs work either inside or outside (demarcation point) and no problem is found with the Carrier s facilities or equipment. If any inside wiring or jacks require repair/installing, the Carrier will charge FollowTel a fee (plus applicable taxes) that will be passed on to the Customer.
7.6 Inside Wiring “ISW”. All inside wiring beyond the Carrier’s demarcation point is the responsibility of the Customer. FollowTel only provides services up to the demarcation point for dry loop ADSL services.
7.7 Schedule Installation Dates Take note that installation dates assigned by our respective service providers may change at any time. We have no control over these circumstances and will not warrant against, or compensate for, any such delays.
7.8 Monthly Fees All monthly fees are non-refundable.
