VONAGE CANADA TERMS OF SERVICE
SUMMARY OF CHANGES MADE IN THIS VERSION:
- Added language to section six (6), Future Changes To This Agreement that provide for changes to rate plan charges and Vonage's notification responsibility if rate plan charges are changed.
BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY ITS TERMS AND CONDITIONS.
1. EMERGENCY SERVICES - 911 DIALING
1.1 Non-Availability of Traditional 911 or E911 Dialing Service.
Vonage Canada offers a form of 911 service (“911 Dialing”) that is similar to traditional 911 service but has some important differences and limitations when compared with enhanced 911 service (“E911”) available in most locations in conjunction with traditional telephone service. With both traditional 911 and E911 service, your call is sent directly to the nearest emergency response centre. In addition, with E911 service, your call back number and address are visible to the emergency response centre call-taker. With Vonage Canada's 911 service, your call is sent to a national emergency call centre. The call centre operator will request or confirm your location information and then transfer your 911 call to the emergency response centre nearest your location. You should be prepared to provide or confirm your address and call-back number with the operator. If you use a WiFi, Vonage V-Phone, SoftPhone or Extensions® phone, your 911 calls may be routed to the national emergency response centre, however, emergency personnel do not receive your phone number or physical location information. Do not hang up unless told directly to do so and if disconnected, you should dial 911 again.
1.2 Registration of Physical Location Required.
You should ensure your location information, when registered with Vonage Canada, is kept current at all times. In case you are not able to speak during the 911 call, the call taker would dispatch emergency response vehicles to your last registered address. You need to update your 911 Dialing information if you move your device to a different location and/or if you add a new line to your account. Regardless of what address you register for a WiFi, Vonage V-Phone, SoftPhone or Extensions phone, the national emergency response centre does not necessarily receive your phone number or physical location information when you place a 911 call. Your 911 Dialing service is activated when you subscribe to Vonage Canada service.
1.3 Service Outages.
911 Dialing service will not function in the event of a power or broadband outage or if your broadband, ISP or Vonage Canada service, or mobile network where you are using a mobile application, is suspended or disconnected. You must maintain your broadband connection in order to use the Service, or, for certain mobile applications, a WIFI or other data connection (e.g., 3G/4G) which we do not provide. Certain of our Services may be used with devices such as wireless telephones, mobile telephones, smartphones, PDA’s or other Android or Apple tablets or devices which we may or may not provide. Following a power failure or disruption, you may need to reset or reconfigure your Box or Extension prior to utilizing the service, including 911 Dialing.
1.4 Re-Registration Required if You Change Your Number or Add or Port New Numbers.
You must successfully register your location of use for each changed, newly added or newly ported number in order for 911 Dialing to function as intended. Regardless of what address you register for a WiFi, Vonage V-Phone, SoftPhone or Extension, the national emergency response centre does not necessarily receive your phone number or physical location information when you place a 911 call.
1.5 Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls.
There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 Dialing over traditional public telephone networks.
1.6 Conveying Limitations to other household residents and guests.
You should inform any household residents, guests and other persons who may be present at the physical location where you utilize the Vonage Canada service, of the important differences in and limitations of VoIP 911 Dialing service as compared with E911 service, as set out above.
1.7 Disclaimer of Liability and Indemnification.
We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response centre. We disclaim all responsibility for the conduct of local emergency response centres and the national emergency calling centre. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centres and to a national emergency calling centre. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Vonage Canada nor its officers, directors, employees, affiliates or agents and any other service provider who furnishes services to you in connection with the Service may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or wilful misconduct. You shall defend, indemnify, and hold harmless Vonage Canada, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.
1.8 Alternate 911 Arrangements.
If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the Service.
2. SERVICE TERM.
2.1(a) Service Term.
Service is offered and paid for on a prescribed recurring basis for a term that begins on the date that Vonage activates your Service and ends on the day before the same date in the following period ("Service Term"). Subsequent terms of this Agreement automatically renew for the same Service Term unless you give us written notice of disconnection at least ten (10) days before the end of the applicable Service Term. You are purchasing the Service for the full Service Term, meaning that if you attempt to disconnect Service prior to the end of the applicable Service Term, you will be responsible for all charges relating to the then-current Service Term, including unbilled charges, plus a disconnection fee, if applicable, all of which will immediately become due and payable. You will also be responsible for charges for the following Service Term in the event that you do not provide the requisite ten-day disconnect notice as described above.
2.1(b) Other Commitments.
If you accept an equipment upgrade or other promotional or plan benefit, such as a free month of Service, free installation, a rebate or other incentive, there may be a commitment associated with the benefit you accepted ("Commitment"). To the extent there is a Commitment, it begins on the date you activate the new equipment or accept the promotion or benefit. The Commitment period will be disclosed as part of the promotion or plan. If you disconnect service prior to the end of the Commitment period, you agree to pay Vonage Canada a recovery fee in an amount equal to the difference between the price you paid and the regular price of the good, service or other benefit you received at the time the Commitment period began. Recovery fees are cumulative and in addition to any other charges or fees you may owe Vonage Canada, including any disconnection fees.
2.2 Residential Use of Service and Device.
If you subscribe to Vonage Canada's residential services, the Service and the Box are provided to you solely for residential use. You shall not resell or transfer the Service or the Box to another party without our prior written consent.
Vonage Canada's residential unlimited service plans and features are for single (and not extended or multi-) family residential (or personal, non-commercial) or co-branded use only. Co-branded use is defined as Vonage Canada service that is provided by a third party partner under that third party partner's marketing brand, with or without reference to Vonage Canada. This means that only the account holder, residential family members (as defined below), and those Extensions® phone number(s) registered with Vonage Canada by the account holder may use Vonage Canada's residential unlimited service plans. "Residential family members" refer to those members of 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 extend the service or feature(s) to another residential or mobile number, all use under that service plan is aggregated and must conform to single (and not extended or multi-) family residential (or personal, non-commercial) or co-branded use. Residential family members do not include those who are not registered Vonage Extensions users.
You are prohibited from using the Service, the Extension or the Box for auto-dialing, continuous or extensive call forwarding, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting,. We reserve the right to immediately disconnect, modify or suspend your Service and offer you an alternative call plan if we determine, in our sole and absolute discretion, that your use of the Service, an Extension or the Box is, or at any time was, inconsistent with normal residential usage patterns or otherwise inconsistent with our Vonage Canada Fair Usage Policy which we apply to help ensure reliability and quality of the Service.
A non-exhaustive list of examples of uses of our Service that are generally considered to be impermissible and inconsistent with normal residential or co-branded use, include, but are not limited to, use:
- by or for others who do not live with you;
- by others who are not registered Vonage Extensions® users;
- operating a business, even if operating from the residence; or
- at a multi-residential address for more than one single residence.
A non-exhaustive list of examples of uses of our Service that are generally considered to be impermissible and inconsistent with either single (and not extended or multi-) family residential or small or home business use, or co-branded use, include, but are not limited to, use:
- operating any other enterprise, including not-for-profit or governmental;
- operating a call center;
- resale to others;
- auto-dialing or fax/voice blasts;
- telemarketing; or
- without live dialogue, including as a monitor, intercom or for transcription.
Vonage Canada evaluates customer usage in comparison to similarly situated customers, e.g., residential use under residential service plans or small business use under small business service plans or affiliate use under co-branded service offers or plans. We may conclude that a customer's aggregate usage is outside of normal use if there are excessive:
- number of minutes of domestic and/or international use
- number of unique numbers called;
- call lengths;
- frequency of call forwarding/transferring;
- conference calling;
- calls to conference bridges
- short duration calls or chats;
- calls made during business hours;
- number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
- other abnormal calling patterns indicative of an attempt to evade enforcement of these Terms of Service and our Fair Use Policy.
Vonage Canada may also determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps described below even if the number of minutes used is not excessive, when a customer's calling patterns during more than one month reflect excessive:
- unique numbers called;
- call lengths;
- frequency of call forwarding/transferring;
- conference calling;
- short duration calls;
- number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
- other abnormal calling patterns indicative of an attempt to evade enforcement of these Terms of Service and our Reasonable Use Policy.
Vonage Canada may take appropriate steps to enforce these Terms of Service and our Fair Usage Policy. We reserve the right to review your account and take further action, including, but not limited to, immediate suspension of your Vonage Canada service if account usage is beyond normal standards, impermissible or detrimental to other customers' ability to use the service or adversely affects our operations. We may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers. If we determine that you are engaging in abnormal or impermissible usage, we will use commercially reasonable efforts to inform you and provide you with the opportunity to correct the improper usage. If we give you the opportunity to correct your abnormal usage patterns and you fail to immediately conform to normal use, we may exercise our right to transfer your service to a more appropriate plan, charge applicable rates or suspend or terminate your service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable fees and taxes at the time your service is terminated.
In addition, you may be required to pay our higher rates for commercial service for all periods in which your use of the Service, the Extension or the Box was inconsistent with normal residential use or our Vonage Canada Fair Usage Policy.
Some Vonage Canada plans allow for the use of additional devices (such as personal computers, mobile phones, Extensions® phone number(s) registered with Vonage Canada or other Vonage Canada equipment) outside the residence as part of that service plan. If you subscribe to any of our calling plans, all usage and charges, including call minutes, placed from any device including your fixed line and registered Vonage Extensions® phone(s), will count toward your total usage, and, if your calling plan permits use of more than one Box with the same voice line, your domestic and international usage will be aggregated and assessed in accordance with our Fair Usage Policy. Vonage Extensions® calls made from mobiles may incur Canadian charges from your mobile operator.
2.3 Entrepreneur and Vonage Office Anywhere Use of Service and Box.
If you subscribe to Vonage's Small Business services or Vonage's Office Anywhere Plan, the Service and Box are provided to you as a small business user or business traveller. You shall not resell or transfer the Service or the Box to another party without our prior written consent. You are prohibited from using the Service or the Box for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Box is, or at any time was, inconsistent with normal small business or business travel usage patterns, that you have at any time used the Service or the Box for any of the activities mentioned above or similar activities.
2.4 Prohibited Uses: Unlawful Uses and Inappropriate Conduct
You shall use the Service and the Box only for lawful purposes. You shall not use the Service or Box in any way that is improper or inappropriate, including in a manner that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behaviour. In addition, you shall not use the Service or the Box to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques or other automated devices or programs to catalogue, download, store or otherwise reproduce or distribute information from the Service or use any such automated means to manipulate the Service; use the Service to violate any law, rule or regulation; violate any third party's intellectual property or personal rights; or exceed your permitted access to the Service. Subject to applicable law, we may, but are under no obligation to, monitor usage of the Service for violations of this Agreement. We may remove or block any or all communications if we suspect a violation of this Agreement or if we deem it necessary in order to protect the Service, or Vonage Canada, its parent, affiliates, directors, officers, agents and employees from harm. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service, the Extension or the Box for an unlawful purpose or in ways mentioned above. In the event of such disconnection you will be responsible for all fees and charges due under this Agreement, including those referred to in Section 2.1, plus a disconnection fee, if applicable, all of which will be immediately due and payable. If we believe that you have used the Service, the Extension or the Box for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Vonage Canada will provide customer and call detail information in response to lawful government requests, subpoenas, court orders and to protect its rights and property, and in response to law enforcement requests where the failure to disclose the information may lead to imminent harm to the customer or others. Furthermore, Vonage Canada reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.
2.5 Use of Service and Box by Customers Outside Canada and the United States.
Although we encourage you to use the Service to place calls to foreign countries from within Canada and the United States, and to use the Service as you travel, Vonage Canada offers and supports services only in Canada, the United States and certain other countries. Vonage Canada Service is designed to work generally with unencumbered high-speed internet connections. However, if the high-speed internet connection you are using is not within a Vonage Canada service area, and/or your ISP or other broadband provider places restrictions on the usage of VoIP services, Vonage Canada does not represent or warrant that use of the Service by you is permitted by any other jurisdictions or by any ISP or broadband provider. You will be solely responsible for any violations of local laws and regulations resulting from such use. We reserve the right to disconnect your Service immediately if we determine, in our sole and absolute discretion, that you have used the Service, Extensions or the Box in violation of laws of jurisdictions outside of Vonage Canada service areas. If you use our service via a mobile application, these Terms of Service also apply when you use the service outside of Canada or the United States.
2.6 Copyright; Trademark; Unauthorized Usage of Device; Firmware or Software.
(a) Copyright; Trademark.
The Service, and Box and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Box, and all Services, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks.
(b) Unauthorized Usage of Box; Firmware or Software.
For residential and business plan customers only, you (i) have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Box, other than a non-transferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and (ii) expressly agree that the Box is exclusively for use in connection with the Service and that we will not provide any passwords, codes or other information or assistance that would enable you to use the Box for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any interface device that we have not provided to you. In addition, you shall indemnify and hold us harmless against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
2.7 Tampering with the Box or Service.
You shall not change the electronic serial number or equipment identifier of the Box or perform a factory reset of the Box or Extensions phone without our prior written consent. We reserve the right to disconnect your Service if we believe, in our sole and absolute discretion, that you have tampered with the Box. In the event of such disconnection, you will remain responsible for all charges through the end of the current Service Term, including unbilled charges, plus a disconnection fee, if applicable, all of which will immediately be due and payable. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
2.8 Theft of Service.
You shall not use or obtain the Service in any manner that avoids Vonage Canada policies and procedures including in an illegal or improper manner. You shall notify us immediately, in writing or by calling our customer support line, if the Box is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Box theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the disconnection of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using a Box stolen from you and any and all stolen, fraudulent or unauthorized use of the Service whether or not it involves a stolen Box. Vonage reserves all of its rights at law and equity to proceed against anyone who uses the Services or Box illegally or improperly.
2.9 Return of Box (Applies to Residential and Business Plan customers only)
(a) Retail Customers.
A Retail Customer may only return the Box to the Retail Provider. All returns will be subject to the return policy of such Retail Provider. We will not accept any Box returned to us from a Retail Customer. Vonage Canada will credit Service fees if you call us within the Money Back Guarantee period (defined in Section 3.7).
(b) Non-Retail Customers.
Non-Retail Customers - may return the Box within fourteen (14) days of the date you disconnect the Service in accordance with instructions provided by an agent in our customer care department. If you receive cartons or Boxes that are visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep a copy. In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were received from the carrier. Our customer care department can be reached at at 1-877-272-0528.
2.10 Number Transfer or "Port" on Service Disconnection.
(a) Single line Accounts.
You may be able to take, or "port," your current number to another service provider. If you ask your new service provider to port a number from us, and we receive your request from the new service provider, we will terminate our service for that number shortly after notification to Vonage Canada by the relevant carrier(s) of the successful completion of the port. 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 cancellation fees. If a port is unsuccessful for any reason, your service and your agreement with us will not terminate, you will remain a Vonage Canada customer, and you will continue to be responsible for all charges and fees associated with your Vonage Canada service.
(b) Multiple-line Accounts.
If you request your new service provider to port a number from us and you have multiple numbers assigned to your account and/or additional devices such as the WiFi or 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 Boxes on your Vonage Canada account, and you will continue to be responsible for all the charges and fees associated with the remaining services on your Vonage account Canada. 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 cancellation fees applicable to the ported number.
2.11 Service Distinctions.
The Service is not a traditional telecommunications service. Things beyond our control may affect the Service, such as power outages, fluctuations in the Internet, your underlying ISP or broadband service. Other things may affect Service, such as maintenance. Vonage Canada will act in good faith with a view to minimizing disruptions to your use of and access to Service. Important distinctions exist between a traditional telecommunications service and our Service, and our Service is subject to different regulatory treatment than a traditional telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
2.12 Ownership and Risk of Loss.
You will own the Box and bear all risk of loss of, theft of, casualty to or damage to the Box, from the time it is shipped to you until the time (if any) when it is returned to us in accordance with this Agreement.
2.13 No 0+ or Operator Assisted Calling; May Not Support x11/8xx Calling.
The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900 or calling card calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.
2.14 No Directory Listing.
The phone numbers you obtain from us will not be listed in any telephone directories. Phone numbers transferred from your local phone company may, however, be listed. As a result, someone with your phone number may not be able to utilize a reverse directory to look up your address.
2.15 Change of Number.
You have no property right in any phone number assigned to or used by you. We shall be entitled to change any such number where we determine, in our sole discretion, that such a change is necessary. We shall give you reasonable advance written notice of such a change, except in cases of emergency, where oral notice shall be given.
2.16 Incompatibility with Other Services.
(a) Home Security Systems.
The Service may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any security system with the Service.
(b) Certain Broadband, Cable Modem and Other Services.
You acknowledge that the Service presently is not compatible with certain cable broadband service and there may be other services with which the Service may be determined to be incompatible. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties or conditions regarding the compatibility of the Service with any particular broadband service.
2.17 Customer Service.
We offer varying types and levels of customer service depending upon a number of factors, including the Service you are using and the problems you are experiencing. For more information on our customer service options, please review the "Help" section of our website located at www.vonage.ca. We assume no obligation to provide support services for any third party products or services, or problems with the Service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.
3. CHARGES; PAYMENTS; TAXES; DISCONNECTION
When the Service is activated, you must provide us with a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. If your payment method expires, you close your account, your billing address changes, or your payment method is cancelled and replaced on account of loss or theft, you must advise us at once. We will bill all charges, fees, applicable taxes and surcharges for each Service Term in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your payment method, including but not limited to: activation fees; Service fees; usage charges; international usage charges; advanced feature charges; premium services/Add-ons; equipment purchases; taxes; disconnection fees; and shipping and handling charges. If an Extension is removed during the middle of a billing cycle, no pro-rated refunds of monthly recurring charges will be issued.
The amount of such fees and charges shall be published on our website and may change from time to time. Vonage Canada may introduce new products and services at special introductory pricing. Introductory pricing may change at Vonage Canada's discretion. Where required by law, notification of invoices will be sent to you via your email address on file with us. We reserve the right to bill at more frequent intervals if the amount you owe to us at any time exceeds $75CDN. Vonage Canada bills usage charges in full minute increments that are rounded up to the next full minute unless otherwise set forth in the rate schedules found on our website. Vonage Canada bills fractional usage charges in full cents that are rounded up when the value is $.005 CDN or more and down when the value is less than $.005 CDN, unless otherwise set forth in the rate schedules found on our website.
The above fees are defined as follows:
Activation Fee - This fee covers charges for setting up your account and activating you on our system.
Service Fee - This is the basic charge associated with your service. This fee includes the calling charges defined by your plan, the features associated with your plan and basic account services.
Usage Charges - If you exceed the number of calling minutes on your plan, Vonage Canada will bill you for the minutes you use above your allowance. Vonage Canada also bills for calls to directory assistance.
International Usage Charges - These are the fees associated with calls to locations outside of Canada, the U.S. and Puerto Rico. However, if you are on an unlimited calling plan, Vonage Canada will not charge you for calls to France, Ireland, Italy, Spain and the UK that terminate to another Vonage line, a Vonage Extension line, or a landline telephone.
Advanced Features, Add-ons, Premium Services - Vonage Canada charges additional fees for enhanced features, add-ons, and other added products and services.
Equipment Purchases - In most instances, you will pay for equipment associated with your Vonage Canada service with your payment method. However, there may be occasions when Vonage Canada will offer you the option to bill equipment to your account.
Taxes - Vonage Canada is required to bill and collect local, provincial and federal taxes imposed on Vonage Canada customers by the various taxing authorities. Vonage Canada passes all taxes it collects on to the appropriate taxing authority.
3.2 Billing Disputes.
You must notify us in writing within seven (7) calendar days after receiving your statement from the card issuer or financial institution if you dispute any Vonage Canada charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be directed to Vonage Canada Customer Care at 1-877-272-0528.
Customer Care Billing Department
Vonage Canada, 23 Main Street, Holmdel, NJ, USA 07733
3.3 Payment and Collection.
Your subscription to the Service authorizes us to collect from your payment method. This authorization will remain valid until thirty (30) calendar days after we receive written notice from you terminating our authority to charge your payment method, whereupon we will charge you for the disconnection fee, if applicable, and any other outstanding charges and disconnect your Service. We may disconnect your Service at any time in our sole and absolute discretion if any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method or in case of any other non-payment of account charges.
If your Service is disconnected, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and legal fees and expenses.
3.4 Disconnection; Discontinuance of Service.
We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final Service Term charges. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for all charges through the end of the current Service Term, including unbilled charges, plus the disconnection fee, if applicable, all of which will immediately be due and payable.
Vonage Canada will pursue collection for unpaid amounts on disconnected accounts and may report to and exchange credit and personal information with any credit/consumer reporting agency and financial institution relating to this Agreement.
3.5 Taxes. Federal, provincial, municipal, local or other governments may assess taxes, surcharges and/or fees on your use of Vonage service.
These charges may be a flat fee or a percentage of your Vonage Canada charges and may change from time to time without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable federal, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Box. Such amounts are in addition to payment for the Service or Boxes and will be billed to your payment method as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.
3.6 Disconnection Fee (Applies only to Residential and Business Plan Customers).
You will be charged a disconnection fee per voice line if your Service is disconnected subject to applicable federal, provincial and local laws.
3.7 Money Back Guarantee; Limitations and Conditions.
(a) Residential and Small Business Customers.
We offer a thirty (30) day money back guarantee ("Money Back Guarantee") from the date your Service is activated (different periods may apply for Retail Customers). The Money Back Guarantee applies only to the first-ordered line per account, not to additional or secondary lines. We will refund or credit the activation fee, the Service charge for the first Service Term, shipping charges and the disconnection fee provided that:
- The Money Back Guarantee period only applies to the initial line ordered on your account; additional lines are excluded;
- you have not exceeded five hundred (500) minutes of usage;
- Service is cancelled within the first thirty (30) days following the activation of the Service and activation occurs when you place your order for service;
- If you purchased the Box at www.vonage.ca, we receive the Box in original condition, reasonable wear and tear excluded, within fourteen (14) calendar days of cancellation of your Service;
- You return proof of purchase with the Box, with the UPC or bar code intact, together with the original packaging, all parts, accessories, and documentation;
- Prior to returning the Box to us, you obtain a valid return authorization number from our customer care department which can be reached at 1-877-272-0528; and
- You must pay all costs of shipping the Box back to us.
So long as you cancel Service within the Money Back Guarantee Period and comply with the above described conditions, Vonage Canada will issue ONE disconnection fee credit to your account.
Vonage Canada may not be able to refund all applicable taxes. You will be responsible for any charges for international usage, payphone calls to Vonage Canada toll free numbers and directory assistance. We reserve the right to terminate or revoke this Money Back Guarantee at any time, without prior notice.
3.8 Payphone Charges.
If you use our "Toll Free Plus" feature or any toll free feature that we offer in the future, we will be entitled to recover from you any charges imposed on us either directly or indirectly in connection with toll free calls made to your number.
3.9 Charges for Directory Calls (411).
We will charge you $1.25 CDN for each call made to Vonage Canada directory assistance.
3.10 No Refunds for Pre-Paid Service Plan Customers.
Subject to the Money Back Guarantee and applicable law, we will not refund any Service Fees or any other amounts paid in connection with any pre-paid Service plans.
3.11 Fees Not Assessed on Extensions. Certain Vonage Canada fees may not be assessed on your Extension(s), e.g., 411, 911 fees, if such services are not available on your Extension(s).
4. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
4.1 Limitation of Liability.
We will not be liable for any delay or failure to provide the Service, including 911 Dialing or your blocking of an emergency number (e.g., police, fire department, hospital), at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
- an act or omission of an underlying carrier, service provider, vendor or other third party;
- equipment, network or facility failure;
- equipment, network or facility upgrade or modification;
- force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
- equipment, network or facility shortage;
- equipment or facility relocation;
- service, equipment, network or facility failure caused by the loss of power to you or to us;
- outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party;
- any act or omission by you or any person using the Service or Box provided to you; or
- any other cause that is beyond our control, including, without limitation, a failure of or defect in any Box, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.
Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.
4.2 Disclaimer of Liability for Damages.
IN NO EVENT WILL VONAGE CANADA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
4.3 Indemnification and Survival.
You shall defend, indemnify, and hold harmless Vonage Canada, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party or user of the Service, relating to this Agreement or the Services, including, without limitation, 911 Dialing, or the Box.
The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.
4.4 No Warranties on Service.
To the extent permitted by applicable law, WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, REASONABLY ACCEPTABLE QUALITY, FITNESS OF THE SERVICE OR BOX FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY OR CONDITION THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE PROVIDE NO WARRANTY OR CONDITION THAT THE SERVICE OR BOX WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER VONAGE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF VONAGE'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY VONAGE CANADA OR VONAGE CANADA'S AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OR CONDITION OF ANY KIND.
4.5 Box Warranties (Applies only to Residential and Business Plan customers).
(a) Limited Warranty.
Except as set forth herein, if you received the Box from us and the Box included a limited warranty at the time of receipt, you must refer to the separate limited warranty document provided with the Box for information on the limitation and disclaimer of certain warranties and conditions. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation.
(b) No Warranty.
IF A LIMITED WARRANTY DID NOT COME WITH YOUR BOX, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE ACCEPTING THE BOX "AS IS". YOUR BOX IS NOT ELIGIBLE FOR REPLACEMENT, REPAIR OR REFUND AFTER THE MONEY BACK GUARANTEE PERIOD.
(c) Retail Customer Limited Warranty.
For Retail Customers only, we will provide a limited warranty on the Box as to manufacturing defects only for a period of one (1) year from the date of purchase. This Retail Customer limited warranty does not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, does not apply to any defect caused by damage in transit, retailer handling or Retail Customer handling. A Retail Customer's sole remedy for any breach of this Retail Customer limited warranty is to obtain a repaired or replacement Box, by following the return procedures set forth in Section 2.9. Retail Customer must include with the returned Box a letter stating that the Retail Customer is returning the Box for warranty repair or replacement and stating the nature of the defect. The Retail Customer limited warranty will also apply in lieu of the limited warranty included with the Box if such included limited warranty is less favorable to Retail Customer than that contained herein.
To the extent permitted by applicable law, OTHER THAN WARRANTIES AS TO THE BOX EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE BOX AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OR CONDITION OF MERCHANTABLE QUALITY, REASONABLY ACCEPTABLE QUALITY, FITNESS OF THE BOX FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY OR CONDITION THAT THE BOX OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET CUSTOMER'S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY OR CONDITION SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE BOX.
4.6 No Third Party Beneficiaries.
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
You will be liable for any and all liability that may arise out of the content transmitted by or to you or any person, whether authorized or unauthorized, using your Service or Box (each such person, a "User"). You shall ensure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to disconnect or suspend your Services and remove your or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users' use or content.
5.1 Governing Law.
The Agreement and the relationship between you and us is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 5.2, you shall submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario and waive any objection as to venue or inconvenient forum.
5.2 Mandatory Arbitration and No Jury Trial.
Except to the extent contrary to applicable law, any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Box will be resolved by arbitration before a single arbitrator administered by a Canadian arbitration organization of our choosing. The arbitration shall take place in Toronto, Ontario and shall be conducted in English. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED, except to the extent such a limitation is prohibited by applicable law. All claims shall be arbitrated individually. Except to the extent contrary to applicable law, you shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, ONTARIO.
5.3 No Waiver of Rights.
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
5.4 Entire Agreement.
This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and Vonage Canada and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and Vonage Canada and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
5.6 French Language.
The parties confirm that it is their express wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations, have been and shall be drawn up in the English language. Les parties aux présentes confirment leur volonté expresse que cette convention, de même que tous les documents s'y rattachant, y compris tous avis, annexes et autorisations s'y rattachant, soient rédigés en langue anglaise seulement.
6. FUTURE CHANGES TO THIS AGREEMENT
From time to time, we may change the terms and conditions of the Service and this Agreement, as well as amounts charged or rate plans. Notices will be considered given and effective on the date posted on www.vonage.ca, or as otherwise may be required by applicable law. Subject to applicable law, such changes will become binding on you on the later of the date they are posted to our website or as otherwise noticed to you. Continued use of the Service will constitute your acceptance of the changed terms and conditions. The Agreement as and when posted or otherwise amended in accordance with applicable law, supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Box and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Box. If this Agreement is amended and you do not wish to accept the amendment, you may terminate the Agreement as provided in Section 2.1.
7.1 Network Security.
7.2 Personal Information.
To the extent that personal information is provided in connection with this Agreement, the customer confirms that he or she consents, and that all other necessary consents have been obtained, to the use, collection and disclosure by Vonage Canada, assignees of Vonage Canada, and their respective affiliates, agents and contractors for the following purposes: (i) providing products and services to the customer, (ii) contract management and administration, (iii) establishing a customer relationship and communicating with customers, (iv) developing, implementing and managing products and services for customers, (v) assisting in law enforcement purposes and collecting unpaid debts, (vi) protecting, managing and promoting their business interests and activities; (vii) providing information to the customer on other products and services which may be available; and (viii) otherwise as required or permitted by law or this Agreement. The customer may withdraw his or her consent in respect of clause (vii) above, without affecting his or her other arrangements with Vonage Canada, by notifying Vonage's Privacy Officer in writing at firstname.lastname@example.org. Further information on Vonage Canada's privacy policies, as well as access to any such personal information for purposes of review, correction and updating, may also be obtained by writing to the Privacy Officer. For the purposes of this Section 7.2, "personal information" does not include the name, address and telephone number of a subscriber that appears in a publicly available telephone directory.
7.3 Contact by Vonage.
8. EXPORT CONTROLS
You agree to comply fully with all relevant export laws and regulations of Canada, and without limiting the generality of the foregoing, you expressly agrees that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of the Service or any direct product thereof to any destination, company or person restricted or prohibited by such laws or regulations.
Last updated: August 20, 2014. Copyright 2001 - 2014 Vonage Marketing Inc. used under license. Vonage is a registered service mark owned by and used under license from Vonage Marketing LLC a wholly owned subsidiary of Vonage Holdings Corp.