VoIP Telephone Terms of Service

IMPORTANT: 911 Address Verification and Update Information

This application permits you to view your 9-1-1 address on file and change it if required. You are welcome to travel with your Truespeed VoIP phone service to different locations but it is important that you update your address so that in the event of an emergency, 9-1-1 staff can direct aid to the correct location. You can log into your account and temporarily change your address using the tool below. If you move you can permanently change your address using this too as well or are always welcome to notify Truespeed staff at billing@truespeed.ca or by choosing option 3 after dialing (613) 865-7733.

Want to update your address but don’t know your passcode? Click here: link (http://addressinfo.northern911.com/passcode.php). After you enter your phone number you will be requested to enter your number followed by pressing the “Call me now” button. The 911 system will call your number with an updated 5 digit passcode. If you forget your password, this process can be repeated as often as necessary. If you do not feel comfortable using this automated service, you can speak with Truespeed staff during regular business hours at (613) 865-7733, option 3 or e-mail billing@truespeed.ca

Terms & Conditions

The following terms and conditions apply to Truespeed’s provision of telephony services (the “Services”) and sets out the basic rights, obligations and limitations of Truespeed to its Subscribers (the “Subscriber”). All of the terms and conditions contained herein (hereinafter referred to as “Terms”) bind both Truespeed and the Subscriber and are subject to change from time to time at the sole discretion of Truespeed, without any prior notice to the Subscriber.

General

The Subscriber agrees not to use our Service for an illegal purpose, violating any law, making annoying or offensive calls or interfering with other Subscribers’ Service. Subscribers may not to resell, transfer, or share services.

1. Emergency Services- 9-1-1 Dialing through VoIP (Voice Over IP) services

1.01 Non-Availability of Traditional 9-1-1 or E9-1-1 Dialing Service.

Truespeed offers on its TruePhone service a form of 9-1-1 dialing service (9-1-1 Dialing) that is similar to traditional 9-1-1 (9-1-1) service but has some important differences and limitations when compared with enhanced 9-1-1 Dialing service (E9-1-1) available in most locations in conjunction with traditional telephone service. With both traditional 9-1-1 and E9-1-1 dialing service, your call is sent directly to the nearest emergency response center. In addition, with E9-1-1 dialing service, your call back number and address are visible to the emergency response center call-taker. With the TruePhone 9-1-1 dialing service, your call is sent to a national emergency call center. The call center operator will confirm your location information and then transfer your 9-1-1 call to the emergency response center nearest your location. You should be prepared to confirm your address and call-back number since the operator may not have that information. Do not hang up unless told directly to do so and if disconnected, you should dial 9-1-1 again.

1.02 Registration of Physical Location Required

You should ensure your location information, when registered with Truespeed, is kept current at all times. In case you are not able to speak during the 9-1-1 call, the call-taker would dispatch emergency response vehicles to your last registered address. You need to update your 9-1-1 Dialing information if you move your device to a different location and if you add a new line to your account. To update or verify your 9-1-1 dialing information, log into your account and update your address information to ensure it is accurate.

1.03 Service Outages

9-1-1 Dialing service will not function in the event of a power or broadband outage or if your broadband, ISP or Home Phone service is suspended or terminated. Following a power failure or disruption, you may need to reset or reconfigure your Telephone Adapter prior to utilizing the service, including 9-1-1 dialing.

1.04 Network Congestion; Reduced Speed for Routing or Answering 9-1-1 Dialing Calls

There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 call made utilizing the Service as compared to traditional 9-1-1- Dialing over traditional public telephone networks.

1.05 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 Truespeed Home Phone service of the important differences in and limitations of VoIP 9-1-1 Dialing service as compared with E9-1-1 Dialing service, as set out above.

1.06 Disclaimer of Liability and Indemnification

We do not have any control over whether, or the manner in which, calls using our 9-1-1 dialing service are answered or addressed by any local emergency response center. Truespeed is not responsible for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 9-1-1 calls to local emergency response centers and to a national emergency calling center. Truespeed is not liable or responsible in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Truespeed nor its officers or employees may be held liable for any claim, damage, or loss, and all users hereby waive any and all such claims or causes of action, arising from or relating to our 9-1-1 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 Truespeed, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection of 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 9-1-1 Dialing, incorrectly routed 9-1-1 Dialing calls, and/or the inability of any user of the Service to be able to use 9-1-1 dialing or access emergency service personnel.

2.0 Service

2.01 Types of Services

The Terms contained herein apply to all the Services which the Subscriber may subscribe from Truespeed, including, for: (i) fixed fee, bundled minutes and unlimited long distance calling plans for residential/home purposes in those destinations designated by Truespeed from time to time from a designated telephone number (collectively, the “Unlimited Programs” or individually an “Unlimited Program”); (ii) pay for use regular long distance calling plans to countries designated by Truespeed from time to time other than those countries which the Subscriber has already subscribed for as part of the Unlimited Programs (the “Standard Program”); (iii) Internet Voice Over IP local phone service (TruePhone). The Subscriber may use the Services provided by Truespeed for long distance calling or local calling provided that the Subscriber does so in compliance with all applicable laws and the terms herein. The Subscriber acknowledges that he/she is the person authorized to subscribe for the Services. The Services may only be used by the Subscriber and all persons having the Subscriber’s permission to use the Services. The Subscriber may only use the Services for voice telephone calls to landlines as the Services cannot be used for Internet connections, faxing or other data transmission without a designated line for such activities. Calls to other destinations and to most global cell phones will be billed monthly at rates determined by Truespeed from time-to-time, with our most common rates posted on our website.

2.02 Charges, Billing and Payment

The Subscriber is responsible for paying all charges, plus all applicable taxes thereon, for the Services subscribed from Truespeed, including for all calls: (i) made via the Subscriber’s telephones or telecommunications systems; (ii) made using any number or authorization access code assigned to the Subscriber; and (iii) which are charged to the Subscriber’s account. The Subscriber is responsible for the security of the Subscriber’s authorization codes, and access to the Subscriber’s telephones and telecommunications systems. NSF and all refused payments shall incur a administrative fee per occurrence. Credit card charge-backs will incur a administration fee. Truespeed reserves the right to charge an administration fee for all accounts remitted to collection. Once the account is placed with a collection agency a 2% per month interest (24% Annum) will be applied to the overall outstanding balance until such time that the balance is cleared. Incoming calls to Toll Free numbers will be billed at our North American long distance rate unless otherwise stated within the terms of the contract. Pricing is subject to change upon Truespeed’s sole discretion without notice to the Subscriber. Calls to mobile phones in some overseas destinations are billed at higher rates. Most common rates are listed on our website. Your rates may be different based on your package. If you have received rental equipment or software from Truespeed for the purpose of providing you Truespeed Services, (TruePhone, Internet, etc) you will be billed for these devices. These are typically but not limited to modems, VoIP telephone adapters, routers, and/or VoIP telephone sets, etc. that are reasonably required to provide the Subscriber with the Services.

2.03 Charges will commence as of the Activation Date of the Service(s)

The Subscriber must pay for the charges of Services either by pre authorized debit or credit card by providing Truespeed with a Pre-Authorized form containing relevant payment information. The Subscriber authorizes Truespeed to make such charges against such bank account or credit card to satisfy all charges for the Services. Truespeed will charge the Subscriber’s credit card or bank account for charges for any TruePhone package in advance commencing on the date of activation of the Services (or possibly pro rata for the remaining days in such month) and thereafter, an amount equal to 1 month payment for all packages purchased by the Subscriber will be taken from the Subscriber’s choice of payment method during the period from the first day of the month of service until the last day of the month of service, on a monthly basis or as stipulated by Truespeed. Payment for Standard Services shall be made on the first day of each month for the Standard Services used in the preceding month. Truespeed at its sole discretion may elect to change billing dates. Call increments may vary depending on destination and length of call. The Subscriber must bring payment inquiries and disputes to Truespeed’s attention within 10 days after the charge for the Services have been paid or the Subscriber will be deemed to have accepted such charges as accurate in all respects. The Subscriber also agrees to make all payments by pre-authorized payment with the card number given to Truespeed during the activation process unless the Subscriber has enrolled for billing services in which case payment is due upon receipt of invoice. All security deposits will be used to pay the oldest outstanding charges. Quebec residents shall be entitled to interest at the Bank of Canada discount rate for any unused amounts returned.

2.04 Contract Term and MSF Rate Guarantee

Truespeed services are sold on the following basis and will be subject to the Early Cancellation Fee (ECF) detailed in section 2.09.

(a) Home Phone Term Contracts ECF will apply on all contracts where relevant. The Term of the contract shall also serve as a rate guarantee to the Subscriber whereby the Monthly Service Fee (MSF) cannot be increased by Truespeed for the entire term. Customer may change plans throughout the term but may be required to pay a fee to compensate for promotions received by the Customer who would have otherwise not received them. The cancellation fee shall be 50% of the sum of the monthly fees remaining in the contract.

(b) TruePhone Service Where No Contract Exists: The Subscriber may cancel service without penalty with 24 hours written notice. Partial remaining time within billing period will not be refunded.

2.06 Truespeed’s Right to Refuse to Provide Services

(a) The Subscriber owes amounts to Truespeed that are past due and any security deposits are insufficient to satisfy outstanding balances;

(b) The Subscriber does not provide a security deposit or satisfy alternate security measures when requested by Truespeed;

(c) Truespeed has terminated the Services to the Subscriber in the past; and

(d) Truespeed does not provide the requested Services to the country(s) desired by the Subscriber.

2.07 Services Interruption

(a) Truespeed may interrupt the Services to the Subscriber at any time for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons as may be required.

(b) You may find the need to contact our Customer Service department. You agree to accept all costs associated with contacting our representatives. We do not accept collect calls. Truespeed service is provided to the Subscriber on a best-efforts basis. The Subscriber acknowledges that TruePhone VoIP service requires high-speed Internet connectivity. Poor or lack of Internet connectivity, power failure, VoIP blocking, computer viruses and the like (Connectivity Issues) will cause service interruption and or failure of the service to function. It is the responsibility of the Subscriber to remedy these Connectivity Issues.

(c) Truespeed is not liable for:

(i) any disruption or unavailability of the Services;

(ii) any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or Services);

(iii) the Subscriber’s conduct, acts or omissions, or the operation or failure of the Subscriber’s equipment or facilities;

(iv) any event beyond the reasonable control of Truespeed including acts of God, inclement weather, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction; and

(v) its failure, for any reason, to activate the Services on the activation date Subscriber requested;

(vi) any charges by third parties including other telephone companies or wireless carriers for services they may have rendered in lieu of Truespeed service.

(d) Truespeed is an Internet Service Provider and does not provide actual telecom services. Truespeed acts as an agent of various third party carriers and subscriber accounts are the property of the respective carrier. The employees or agents of other carriers are not and shall not be deemed to be agents or employees of Truespeed. There is no express or implied warranty or condition, whether of merchantability, fitness for a particular purpose, or otherwise, with respect to the Services. In subscribing for the Services, the Subscriber obtains no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the Services.

The Subscriber indemnifies and holds harmless Truespeed against all claims, including fees and expenses of counsel, resulting from the Subscriber’s use (or the use by others with the Subscriber’s explicit or implicit consent) of the Services, the Subscriber’s codes, facilities or equipment, which cause direct or indirect damage or harm to another party or to the property of another.

2.08 Suspension or Termination of Services by Truespeed

(a) Without incurring any liability whatsoever, Truespeed may suspend or terminate any or all of the Services for any reason whatsoever, including, without limitation, where the Subscriber:

(i) fails to pay an account that is past due, or Subscriber provides payment by cheque or credit card which is not honored by Subscriber’s bank and any security deposits are insufficient to satisfy outstanding balances

(ii) fails to provide interim payments when requested by Truespeed;

(iii) fails to provide or maintain a reasonable deposit or alternate security when requested to do so by Truespeed;

(iv) fails to meet Truespeed’s credit requirements, or becomes bankrupt or otherwise insolvent;

(v) fails to comply with the terms of a deferred payment or credit agreement with Truespeed;

(vi) violates any provision of these Terms;

(vii) uses or permits others to use the Services for a purpose or in a manner that is contrary to law; or for the purpose of making harassing, threatening, abusive, annoying or offensive calls;

(viii) charges or allows others to charge any other person for the use of the Services without Truespeed’s prior written agreement;

(ix) harasses, threatens or otherwise acts unreasonably towards Truespeed, its employees or agents, in relation to the Services;

(x) alters or otherwise interferes with Truespeed’s facilities or equipment, or fails to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the Services, or Truespeed’s equipment, facilities or network; or

(xi) fails to provide payment for other accounts with Truespeed, including amounts owed by the Subscriber as a guarantor for the account of another;

(xii) uses or permits others to use the Services for resell;

(xiii) abuses the network with excessive usage as may be determined by Truespeed. Excessive usage shall be determined solely by Truespeed pursuant to our Fair Usage Policy listed herein.

(xiv) uses or permits others to use the service for commercial or business use.

(b) A suspension or termination will not affect the Subscriber’s obligation to pay any amounts owed to Truespeed either during or after the suspension or termination. If termination occurs during a contract period, the Subscriber will be charged for all usage plus the contract obligations. In some jurisdictions where early termination is an option, Truespeed will charge the Subscriber termination charges pursuant to 2.09 (d). Should reactivation of services be required, Truespeed may levy a reconnection fee.

(c) Where the Services are cancelled, either by the Subscriber or by Truespeed as provided herein, and there is an undisputed credit balance on the Subscriber’s account, the Subscriber may require that it be refunded to the Subscriber and Truespeed reserves the right to charge a reasonable processing fee in connection with issuing refunds.

2.09 Subscriber’s Right to Terminate Services and Early Cancellation

(a) Term Contracts: Subscriber is responsible for early cancellation fees (ECF) of their contract period. ECF shall be calculated by multiplying the number of months remaining on the contract by the monthly fees associated with the Services in the contract divided in half. The contract start date for VoIP services shall be the date the VoIP equipment is registered on the Truespeed network and billing has commenced; for long distance users the date is from the date of subscription to Truespeed.

(b) No-Contract: Subscribers enrolled in a month-to-month package shall only be liable for the charges used up to one month after their cancellation date. In addition the Subscriber will be responsible for all charges for the Service incurred up to the effective cancellation date. The Subscriber must formally request cancellation in writing at least twenty-four (24) hours prior to the expiration date.

(c) The Subscriber acknowledges that Truespeed Services are provided on a best-efforts basis and lack of service or poor quality is not grounds for contract termination. Subscriber must allow Truespeed reasonable time to diagnose and correct any problems that have been reported and documented by the customer to Truespeed. If the problem cannot be corrected within thirty days of the initial report by the Subscriber, the Subscriber may elect to terminate his contract without penalty or liability providing Truespeed with written notice of the intent to cancel. Where Truespeed has determined that the problem is not the fault of Truespeed but rather with the Subscriber, the equipment, Internet, phone lines, connectivity and the like, then the ECF shall apply.

2.10 Telephone Number Portability

You agree throughout the term of your Truespeed Services, and provide Truespeed with express consent herein to transfer your phone number to;

(a) Truespeed’s preferred carrier partners and vendors as may be required from time-to-time without further consent by you,

(b) transfer your phone number to Truespeed upon request by you,

(c) transfer your phone number from Truespeed to an alternate carrier of your choosing upon request by you.

3.0 Changes, and Modifications of the Services

Without incurring liability, Truespeed may at any time and without notice to the Subscriber change, modify or terminate the Services, in whole or in part (including the rates or charges). In the event of any such change or modification, the Subscriber may terminate without liability within 30 days of such change after which it is deemed that Subscriber accepted the change and will be responsible for paying all charges incurred for the use of the Services despite the change or modification, both before and after the date thereof.

For plans that include free calling to a specific country or groups of countries; Truespeed may at any time remove certain countries from the calling plan as may be required from time-to-time due to; economic conditions, regulatory, international turmoil, call termination issues, or an increase in the international call termination rates associated to a destination. If the calling plan includes only one country or service that is being removed by Truespeed, customer may terminate the agreement without further liability. If the calling plan includes several countries or services, E.g. Truespeed TruePhone Global, the Customer shall remain obligated to the Contract.

3.01 Subscriber Confidentiality and Privacy

Before you begin to use our services, we require information about yourself including but not limited to your name, Email address and physical address including postal (or Zip) code. Truespeed collects this information in order to provide service and we retain ownership of it.

3.02 Use of Information

Unless prohibited by law in your jurisdiction, Truespeed believes that knowing more about you will enable us to serve you better. It allows us to communicate with you about your service, news and promotions and to personalize the content and services we offer you. Information that you provide to Truespeed is kept confidential. Your information is for the use of Truespeed and its agents. It is not shared with any other third party.

3.03 Rate Changes

Truespeed reserves the unilateral right to change, modify, increase, decrease, or add surcharges, connection fees as may be required from time to time.

3.04 Reasonable Usage

Truespeed’s residential VoIP plans and features are to be used for residential, non-commercial use only and by only the account holder and the residential family members, at the place of residence listed under the account holder. Residential family members include your immediate family who reside in your personal residence – e.g., spouse, domestic partner, parents and/or children. If your residential service plan allows you to use your service from other locations through a particular device or application, all use under that service plan is aggregated and must conform to normal residential or personal, non-commercial use.

Truespeed’s business VoIP plans and features are to be used for commercial use only and by only the account holder and their agents. If your business service plan allows you to use your service from other locations through a particular device or application, all use under that service plan is aggregated and must conform to normal use standards.

Because the overwhelming number of Truespeed VoIP customers use less than 2000 minutes per month and do not have any unusual usage patterns, a customer’s aggregate usage may be considered outside of normal and reasonable use if it exceeds 2000 minutes per month in combination with other factors that may adversely impact other Truespeed customers or the Truespeed network.

All Truespeed plans have maximum reasonable call duration of 4 hours per call, after which time the call will be disconnected. Unlimited plans are subject to an aggregated limit (outgoing, call forwarding, conferencing, etc.) of all usage and features of 3000 minutes during each monthly billing cycle for inclusive calls.

Truespeed reserves the right to either suspend your Service and offer you an alternative package or terminate your Service if we determine, in our sole and absolute discretion, that your use of the Service or at any time was inconsistent with normal average usage patterns of other Truespeed customers. All usage minutes over 2500 minutes will be billed on a per minute basis based on the rates for the destination country being called. If we deem the use of a residential account is being used for commercial use, you will be required to pay our higher rates for an appropriate Business Plan for all periods in which your use of the Service was inconsistent with normal residential use or the Reasonable Usage limits described herein. Where permitted by law customer may cancel.

3.05 Equipment Returns

Some Truespeed services like TruePhone may require equipment to be shipped (such as a Telephone Adapter) from Truespeed to the Subscriber for use with the service. The following terms apply to Equipment Returns where applicable:

(a) All equipment that must be returned to Truespeed for any reason must be at the Subscribers’ expense. Truespeed will not accept collect packages or pay to have packages picked up. All returned equipment must be returned to Truespeed in perfect resalable condition in its original packaging. Equipment returned in less than perfect condition will be charged a restocking fee, a refurbishing fee or the return may not accepted at the sole and absolute discretion of Truespeed.

(b) Replacement: If the equipment is deemed defective by Truespeed and new equipment is shipped to the Subscriber, the Subscriber is responsible at his own expense for the safe return of the defective unit to Truespeed in good physical condition at the address indicated by Truespeed representatives. All returned equipment must be accompanied with a note inside the packaging with the RA number (Return Authorization). Equipment without an RA will not be processed by Truespeed.

3.06 Equipment Warranty

Unless an Extended Warranty is purchased, all equipment that you receive from Truespeed carries a one (1) year manufacturer’s warranty. Extended Warranty coverage may be available. Please contact a Truespeed representative for details.

3.07 Telephone numbers

If you were assigned a telephone number from Truespeed, this number may at Truespeed’s sole and absolute discretion and subject to applicable law be assigned to another Subscriber. Transferring phone numbers (LNP) to Truespeed is possible only within Truespeed’s coverage territory. If you decide to transfer your existing phone number to Truespeed from another telephone provider it is possible that your service will be interrupted in certain circumstances while the transfer is in process. To transfer any number to another company (Reverse LNP) you may in our sole and absolute discretion incur an administration fee per number.

3.08 No Directory Listing

Truespeed does not automatically provide directory listings. Directory listings may be available in select serving areas and by request only, charges may apply.

3.09 Resolutions

The Truespeed customer service department is here to assist you and managers are on duty during business hours for escalations if you feel that your concerns have not been handled to your satisfaction.

4.0 Service Incompatibility

Home Security Systems: The Home Phone 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 alarm monitoring or security system with your Home Phone service. For better service, we recommend connecting your security system directly over the internet.

Fax Machines: The TrueFax service can work with most fax machines, however due to various machine configurations, Internet connectivity and bandwidth fluctuations, faxing using your fax machine and your TrueFax service is provided on a best-efforts basis and Truespeed assumes no liability whatsoever, providing no guarantee that faxing will work.

Relocating & International Destinations: Some countries block Voice Over IP (VoIP) services and your Truespeed VoIP service may not work if you relocate it to a country that blocks VoIP service. Truespeed assumes no liability due to blocked VoIP traffic.

In the event of the use of an ATA (Analog Telephone Adapter), the dial tone comes out of “line 1” and or “line 2” on the back of the adapter. In most residential account installs, Subscriber will connect a telephone to the back of the ATA. Subscriber can also however connect the Telephone Adapter “line 1” or “line 2” to any available telephone jack in the home. This setup MIGHT work but is not supported by Truespeed Technical Support department because of the many variables involved. Ensure your external (Bell) line to the building is no longer connected to the internal wiring or degraded sound quality and call stability will occur.

5.0 General Terms

(a) Inurement/Assignment: These Terms are binding upon and shall ensure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns; provided, however, that the Subscriber shall not assign or transfer its rights or obligations under these Terms without the prior written consent of Truespeed.

(b) Notices: Notices shall be in writing and delivered via e-mail, notices on the Truespeed website, Facebook page or other Truespeed social media venue, personal delivery or certified / registered mail to the last address provided by the Subscriber at Truespeed’s sole and absolute discretion.

(c) Unenforceable Provisions: If any part of these Terms shall be deemed invalid or not enforceable under applicable law, such part shall be ineffective to the extent of such invalidity or unenforceable part only, without in any way affecting the remaining parts of these Terms.

(d) Governing Law: These Terms and the rights and obligations of the parties hereunder shall be governed by, and construed in accordance with, the laws of the province of Ontario, and the federal laws of Canada applicable in such province. Each of the parties hereto agrees that the Provincial Court located in Brockville, Ontario shall have exclusive jurisdiction to entertain any action or other legal proceedings based on any provisions of these Terms.

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