This is the current TalkTel Terms of Service Agreement, last edited January 16th, 2009.
By signing on to our service, you agree to these terms. They are updated when necessary and will always be posted here for your reference.
The Terms of Service Agreement outlines some important information pertaining to our service, and you should give it a quick read before signing up.
TalkTel Terms of Service
Last updated: January 16th, 2009.
These Terms of Service constitute the agreement (“Agreement”) between TalktTel.org (“we,” “us”, or “TalkTel”) and the user (“you”, “user”, “customer”) of TalkTel’s residential and small business communications services and any related products or services (“Service”, “our Service”).
This Agreement governs both the Service and any devices, such as an IP phone, Analog Telephone Adapter (ATA) or any other IP connection device (“Device” or “Equipment”), used in conjunction with the Service.
1. 9-1-1 Emergency Services.
1.1 Activation of 9-1-1 Dialing service.
9-1-1 service is available as soon as your TalkTel service is activated, using the address you have supplied us for this purpose. Only one address may be associated with each phone number.
1.2 Differences between traditional and VoIP 9-1-1 service.
TalkTel offers a form of 9-1-1 service (“9-1-1 Dialing”) that is similar to traditional 9-1-1 service, but has some important differences and limitations when compared to the enhanced 9-1-1 (E911) service currently available through most traditional telephone networks. With both traditional and enhanced 9-1-1 service, your call is sent directly to the nearest Public Service Answering Point (PSAP). With E911, your callback number and address are made visible to the call-taker. VoIP, being nomadic by nature, requires a different system – one similar to that which you encounter if you dial 9-1-1 from a mobile phone.
Here is how 9-1-1 Dialing, as offered by TalkTel, works:
– A 9-1-1 call is first answered by a central Emergency Services Call Answer Operator. Caller ID information is delivered informing the operator that the caller is using a nomadic VoIP device. The operator asks the caller for their current province and city information, and passes the call to the proper PSAP. – The PSAP operator then speaks to the caller to determine the nature of the emergency and any other necessary details before dispatching emergency services (Police, Fire, Ambulance) to the caller’s location. The caller should be prepared to confirm their address and call-back number with the operator, since this information cannot just be assumed to be correct.
When using this service, do not hang up unless told directly to do so. If disconnected, you should dial 9-1-1 again.
This service meets the requirements of CRTC decision 2005-21 in providing 9-1-1 services to nomadic VoIP devices.
1.3 Registration of Physical Location.
In case you are unable to speak during a 9-1-1 call, the operator will dispatch emergency services to your last registered address. For this reason, it is very important that you keep this registry up to date. TalkTel will provide your address information to the database overseer, and update this information when necessary. It is your responsibility to immediately inform TalkTel of any address change.
1.4 Service Interruptions, network congestion.
TalkTel’s VoIP service cannot operate without a powered Internet connection. In addition, 9-1-1 service delays due to network congestion may be more likely with VoIP services than with traditional telephone services. 9-1-1 Dialing services would be unavailable in the following situations:
(a) Power outage or disruption: We have taken numerous precautions to secure our service against foreseeable problems. Our secure servers are located in a purpose-built space with redundant power supplies and backup generators available in case of a severe power outage. Thus, even if this part of the city is without power, our servers will continue to operate. If we do experience a power outage at our location, or if you experience a power outage or disruption at your location, our service (including 9-1-1 Dialing) will be unavailable.
(b) Broadband outage: If your broadband provider or ISP experiences an outage or is disrupted, suspended, or terminated, TalkTel’s services (including 9-1-1 Dialing) will be unavailable.
(c) TalkTel service: If your TalkTel account is suspended or terminated, 9-1-1 service will be unavailable.
(d) ISP Problems: Your ISP or broadband service provider may intentionally (or inadvertently) block ports over which our service is provided, or may otherwise impede our service over their network. If you let us know of the service interruption, we will attempt to resolve the problem, but you will not have 9-1-1 service (or will experience a degraded level of service) during the time our service is blocked or impeded. We cannot be held liable for the actions of your ISP or broadband service provider, which you acknowledge. In the event you permanently lose service due to these actions, you must terminate your TalkTel account in accordance with this document, and must continue payment of service charges until you do so.
(e) Other Failures: If there is a service outage for any other reason, TalkTel service will be unavailable – as will 9-1-1 service. Such outages may occur for a variety of reasons including, but not limited to, those outlined in this document.
1.5 Changed Phone Numbers.
If you change your phone number, you must re-register your address with TalkTel in order for us to update the change with the emergency call centre address database overseer.
1.6 Others within the household.
You should inform household residents, guests, and anyone who might use your phone connection of the important differences between VoIP and traditional 9-1-1 services, as outlined in this agreement.
1.7 Notification Stickers.
TalkTel will supply you with 9-1-1 notification stickers for you to affix to the devices you will use for our service. These stickers will notify users that VoIP 9-1-1 is different than traditional 9-1-1 and has certain limitations, and may describe the address registered to that device. You should make use of these stickers; should you require more at any time, simply contact the TalkTel office.
1.8 Disclaimer of Liability and Indemnification.
TalkTel firmly believes in the quality and reliability of our 9-1-1 Dialing Service. We selected our service partners based on their experience and industry reputation with regard to the level of service they can provide, and we have invested in this service. We will routinely test our 9-1-1 services during operations in order to maintain confidence in this. However, aspects of this service lay beyond our control as they are handled by third parties. Calls are routed through different third-party systems, and are answered in third-party regional and local call centres. We disclaim any and all liability and responsibility for the conduct of any third parties, including emergency call centres and their employees; and disclaim any and all liability and responsibility in the event data used to route calls is incorrect or yields an erroneous result. Neither TalkTel nor its officers, employees, or shareholders may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless TalkTel, its officers, directors, shareholders, employees, affiliates and agents and any other service provider who furnishes services to you in connection with our 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 our Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of our Service to be able to use 911 Dialing or access emergency service personnel.
2.1.(a) Monthly Recurring Services: The Services that are offered on a month-to month basis, beginning on the date TalkTel Service is activated, and automatically renews on a monthly basis unless you contact TalkTel customer service by phone or by e-mail with a non-renewal notice with at least 10 days before the end of the monthly term in which the notice is given. You will be responsible for the next full month’s charges in the event that you don’t provide the required ten days notice of disconnection prior to the expiration of the current term. Expiration of the term or termination of Service will not excuse you from paying any and all accrued and unpaid charges due under this Agreement. If an account is not prepaid by the first day of the next monthly term, TalkTel’s system will disconnect you until payment is made. Our system will warn you of your unpaid status several times before disconnection. We do not charge any ‘disconnection fees’ above and beyond this as we consider such fees bad practice at best.
2.1(b) Annual Services: The services that are offered on a yearly basis will be charged one time for 12 months. In case of cancellation, TalkTel will charge each used month at the regular monthly rate. TalkTel will refund the remaining balance minus long distance fees and shipping fees; the total amount to pay will be refunded to the credit card that is in TalkTel’s records.
2.2 Terms of Business Use.
If you subscribe to TalkTel’s Business services, the Service is provided to you as a business user. You cannot resell or transfer the Service or the Device to another party. You are prohibited from using the Service or the Device for autodialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting, fax or voicemail blasting, bulk faxing, or any activity causing unreasonable load on our network. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that you have at any time used the Service or the Device for any of the aforementioned or similar activities.
2.3 Unlawful Uses.
You must use the Service only for lawful purposes. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service for an unlawful purpose. In the event of such termination, you will be responsible for the full term’s charges to the end of the current term, including, without limitation, unbilled charges, all of which will become immediately due and payable upon termination of your Service. If your term was a 6- or 12-month prepaid term, you forfeit the remainder of your credited amount. If we believe that you have used the Service 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, TalkTel will provide information in response to law enforcement requests, subpoenas, and court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others. You agree to indemnify and hold harmless TalkTel against any liability resulting from misuse of our Service.
2.4 Loss of Service During Power or Internet Access Outage.
You acknowledge and understand that the Service does not function in the event of power failure and that the Service requires a fully functional broadband connection to the Internet (which is not provided by TalkTel). In the event that there is an interruption of service by your Internet service provider (“ISP”), you will continue to be billed for the Service until you terminate the Service in accordance with this Agreement.
2.5 Use of Service Outside Canada.
Although we encourage you to use the Service to place calls to foreign countries from within Canada, and to use your adapter to make calls while outside of Canada, we do not presently offer or support the Service in any countries other than Canada. If you use the Service or the Device outside Canada, you will be solely responsible for any violations of local laws and regulations resulting from such use. We reserve the right to terminate your Service immediately if we determine, in our sole and absolute discretion, that you have used the Service or the Device outside Canada.
2.6 Copyrights, Trademarks, Unauthorized Usage of Device, Firmware or Software.
The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on TalkTel’s website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions – unless otherwise stated. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) of TalkTel are and shall remain the exclusive property of TalkTel and nothing in this Agreement shall grant you the right or license to use any of such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service, and that TalkTel will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. If you decide to use the Service through an interface device not provided by TalkTel, which we reserve the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless TalkTel against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
2.7 Tampering with the Device or Service.
You shall not change the electronic serial number or equipment identifier of the Device or perform a factory reset of the Device without our prior written consent. We reserve the right to terminate your Service if we believe, in our sole and absolute discretion, that you have tampered with the Device. In the event of such termination, you will remain responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, all of which will immediately become 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 Device or Service.
You agree to notify TalkTel immediately by calling the TalkTel customer support line if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as TalkTel receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.
2.9 Purchase and Ownership of Device.
The Device may only be returned if it proves defective, not for any other reason. If the device has been purchased, it may be returned to TalkTel within fifteen (15) days of shipment or purchase in order to receive a refund for the Device. If the device is rented, it may be returned for a refund of the deposit plus total payments made to that date only – or exchanged for the same device. If the device is rented, the 15 day period begins from the date the lease agreement is signed. In either case, refunds are provided only if the following conditions are met:
(i) Customer retained proof of purchase and original packaging, and
(ii) contents are undamaged and in original condition, and
(iii) all documentation and packaging materials are returned.
Any Devices purchased from TalkTel become your property upon completion of payment. As such, TalkTel assumes no risk or liability and gives no guarantee or warranty over said devices. You shall be deemed the owner of the Device, and assume all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you, even if you are using the rental plan. The usage terms outlined in this document are in effect for the duration of your term of Service with us, and for as long as the Device is interfaced with our Service. If there has been any tampering with the device (including flashing the device or otherwise altering the firmware included with the device beyond those alterations recommended by TalkTel), the device may not be returned for refund, credit, or repair.
2.10 Number Transfer on Service Termination.
TalkTel recognizes that phone numbers ported to us from other providers are not our property, and must be handled according to the desires of our subscribers. Upon the termination of your Service, we will, in our sole and absolute discretion, subject to applicable law, release to your new service provider the telephone number that you ported (transferred or moved over) to us from your previous service provider and used in connection with our Service if:
– such new service provider is able to accept such number;
– your account has been properly terminated;
– your account is completely current; and
– you request the transfer upon terminating your account.
2.11 Service Distinctions.
The TalkTel Service is not a regular telephone or fax service, and that there are important differences between the regular public switched network telephone (PSTN) service and the VoIP service offered by TalkTel. TalkTel is subject to different regulatory treatment than regular PSTN service providers. This treatment may limit or otherwise affect your rights of redress before Federal and Provincial telecommunications regulatory agencies.
2.12 x11 and Operator-assisted calling.
TalkTel supports 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls 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.
2.12(a) 411 Service.
TalkTel provides access to the nationwide 411 database and service, which is offered and managed by a third party. As such, we cannot guarantee the accuracy of the information found through the 411 service. A charge of $1 is billed for each use of this service.
2.13 Directory Listing.
The phone numbers you obtain from us will be listed in telephone directories. Phone numbers transferred from your local phone company will also be listed unless you have specifically notified us otherwise. These are advanced features associated with the premium products we have requested of our supplier.
2.14 Home Security Systems.
The Service may not be compatible with all home security systems. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with our Service.
2.15 Porting / Transfer of Telephone Numbers.
Where possible, TalkTel can accept the porting/transfer of customers’ existing phone numbers over to our Service. There are restrictions on this, based on which number prefixes we are able to serve. The details of which prefixes we can accept will be continuously available on our website (TalkTel). This list will be updated as new prefix groups become available to us.
The process of porting numbers over takes approximately 14 days to complete, and is not handled by TalkTel directly. During this time, a temporary number can be provided by TalkTel to the customer. If a customer terminates our Service and wishes to port their number to another provider, the process will again take 14 days to complete.
Local Number Portability: If you transfer an existing phone number to TalkTel which is currently subscribed to another provider other than TalkTel, the following terms and conditions apply:
(1) You must sign up for a TalkTel Account.
(2) You agree to fill out specific forms to authorize TalkTel to initiate the porting process. This form has to be faxed back to the number provided on the form. Make sure that you have signed the form before sending it back to TalkTel, otherwise your request will not be processed.
(3) You hereby authorize TalkTel to notify your local telephone company of your decision to switch your local services to TalkTel and to transfer your telephone number, and represent that you are authorized to take this action;
(4) Do not cancel your current service as this may cause your phone number not to be ported.
(5) TalkTel will send confirmation that the number has been successfully transfered. You acknowledge and agree that you must successfully install and activate your Equipment prior to the date that the number switch becomes effective; and
(6) TalkTel has the right to refuse to port a number if, in its sole discretion, it does not have the infrastructure to support the number. You remain solely responsible for any charges you incur with the telephone company from which the number is being transferred during the period of the transfer, regardless of delays in completing the transfer caused by any reason by any party.
There is a one-time fee to port your Local Number to TalkTel of $25.
Porting a Local Number could take 2-4 weeks, from the moment that TalkTel submits the request to the current provider.
3 Changes To This Agreement.
TalkTel may change the terms and conditions of this Agreement from time to time. Such changes will become effective and binding once posted on to the “Terms of Service” section of TalkTel’s website at TalkTel and no further notice is required. TalkTel may include notice of the change in its newsletter, emailed to those subscribers wishing to receive it. Agreement changes posted on the TalkTel web site supersede all previously agreed to electronic and written Terms of Service, including any documents shipped with Devices, or included with the Device’s packaging.
4 Charges, Payments, Taxes, Termination.
When you choose to subscribe to TalkTel’s ‘Pre-Pay’ services, you must pay the setup/activation fees, monthly service fees, and other non-usage-based fees when you set up your account. Usage-based fees (such as long distance and per-call charges such as 411) must be prepaid.
If you wish, you may pay your account in person at our office – using cash, credit card, debit card, or cheque. Setup / activation fees, equipment fees, subscription fees, taxes, shipping, and usage fees must be paid in advance of opening your account. Note that if, at the end of your prepaid period, you are late in making payment, we will attempt to contact you immediately to secure payment as we do not allow a balance to be carried forward. If your account is 5 days overdue, our system will immediately place a hold on your account, and you will not be able to access our system. We are a small company and cannot afford to act as a collection agency. Note that we will call and email you several times before this happens: we will make every effort to contact you.
The amount of said fees and charges will be published on our website and may change from time to time. Your monthly invoices will be sent to you through the email address you file with us. Any usage charges will be billed in 6-second increments except as 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, activating you on our system, and transferring or acquiring your phone number.
Monthly 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 account services such as the web interface.
Usage Charges – These are the fees associated with individual calls, such as long distance calls. We will also bill local usage charges such as per-use 411.
Advanced Features, Add-Ons, Premium Services – Every TalkTel plan comes with all the currently available advanced features. However, new features may be developed in the future which may or may not be included in the standard price. You can also lease extra phone numbers from us, which may be included in this category.
Equipment Purchases / Rent To Own Deposits – In most instances, you will pay for equipment associated with your TalkTel service with your credit/debit card, cash, or a cheque. If you wish to rent equipment, you will have to pay a deposit (which is credited towards the total cost) before you receive the equipment.
Taxes – TalkTel is required to bill and collect local, provincial and federal taxes imposed on our customers by the various taxing authorities. TalkTel passes all taxes it collects on to the appropriate taxing authority.
Shipping and Handling Charges – Self explanatory. We encourage our customers to pick up their equipment from our office in Westbank, BC to meet us face-to-face (and avoid shipping charges while at it).
4.2 Long Distance Billing.
You acknowledge and understand that Long Distance is a best-effort-only service, as available from our various long distance suppliers. We include unlimited long distance calling to anywhere in North America with each of our services. If you call outside of North America we will bill you for normal long distance rates at competitive prices. You acknowledge and understand that our add-on long distance plans may not include calls to some premium or mobile numbers. You should check if the destination you are calling is covered under a long distance plan. We also reserve the right at any time to change our long distance rates and/or long distance coverage in add-on long distance plans. Any changes will be posted online at our website. It is your responsibility to check for any such changes to long distance rates and coverage.
4.2b Billing Questions, Disputes.
You must notify us via email or in writing within seven days of receiving your billing statement if you feel there has been a mistake made on your bill, or dispute any charges on that statement. When seven days have passed, you will be deemed to have waived any right to contest such charges. All billing questions or notices of disputed charges should be sent to
Billing – TalkTel
3689 Yorkton Road
Westbank, BC V4T 2T7
Payments via money order or personal / certified cheque may also be posted to this address, though we strongly prefer cash / credit card / debit card / personal cheque paid in person or online.
TalkTel accepts payments via PayPal, Visa, Mastercard, and cash / debit card / personal cheque (at our downtown office only). Please note that a charge of $40 will be billed to your account should you provide us with an NSF cheque. As outlined above, certain charges must be paid before your service can begin, and certain charges will be billed monthly in arrears. You must present a valid credit card in order to start a ‘Post-Pay’ monthly SoHo subscription, and to start a PrePay subscription all service charges and other fees must be paid in advance. With PrePay accounts, all the term’s charges except usage-based fees are paid at once. We will also accept money orders and certified cheques.
For our Virtual Calling Card service, we will accept payment in the same form as payment for our PrePay accounts. Long distance charges accrued through your cellphone (using our mobile long distance plan) will be billed as though they were made from your landline, on the same account, and may be paid in the same manner.
All prices are in Canadian Dollars, billing will be in Canadian Dollars, and payments must be made in Canadian Dollars. TalkTel may terminate your Service at any time, in its sole discretion, if any charge to your credit card is declined or reversed or in case of any other non-payment of account charges. Termination of Service for declined card, reversed charges or non-payment leaves you fully liable to TalkTel for all charges accrued before termination and for charges incurred by TalkTel owing to your non-payment, such as (but not limited to) collection costs and attorney’s fees.
4.4 Device Rental
TalkTel understands that many people would rather not lay out large amounts of cash for hardware acquisition or installation of a new phone system so we offer our telephone hardware rental at no extra charge for yearly prepaid contracts.
The telephone hardware remains the property of TalkTel and will be recovered from you if you cancel our service. You will not own the telephones under this arrangement but you will receive unlimited warranty and replacement of any equipment used as long as there are no obvious signs of abuse or misuse. Optionally, you can purchase the required telephone equipment from any supplier including TalkTel
TalkTel believes that charging a termination fee is another unfair practice, and will not charge for disconnection of the service. Any prepaid subscriber wishing to disconnect must provide notice before the end of the monthly term (as outlined in section 2.1a above), or service charges for or another month will be charged. We simply ask that our customers be responsible with our service, since our rates are very low.
If you have violated the terms of this Agreement (especially any sections of part 2), we reserve the right to terminate your service without notice. If you are a PrePay subscriber and we have to terminate for this reason, you forfeit all funds we have collected and are liable for unbilled charges these funds do not cover. Do not use our service for illegal purposes. Other penalties may be levied against any customer that hacks, disrupts or unlawfully misuses the Service.
You responsible for all applicable federal (GST), provincial (PST), municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription, use, or payment for our Service or Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your account. If you are exempt from payment of such taxes, you must provide TalkTel with an original government-issued certificate satisfactorily attesting to your tax-exempt status. Tax exemption will only apply from and after the date TalkTel records receipt or view of said document.
4.7 Directory Assistance.
TalkTel will charge $1.00 for each usage of 411 / Directory Assistance. This amount will be charged to your account, and is considered a usage-based charge for the purposes of this Agreement.
4.8 Money Back Guarantee on Equipment.
TalkTel offers a 90-day money back guarantee on equipment purchased such as Adapters, Gateways and IP Phones: provided the equipment and packaging is returned in original condition. Refunds are not provided on Service Activation Fees, Monthly Service subscriptions charges, usage-based charges, shipping costs, or other fees.
5 Warranty and Liability Limitations / Idemnification.
5.1 Limitation of Liability.
We will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
a) an act or omission of an underlying carrier, service provider, vendor or other third party;
b) equipment, network or facility failure;
c) equipment, network or facility upgrade or modification;
d) force majeure events such as (but not limited to) acts of nature, strikes, fire, war, riots, and government actions;
e) equipment, network or facility shortage;
f) equipment or facility relocation;
g) service, equipment, network or facility failure caused by the loss of power to you;
h) 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;
i) any act or omission by you or any person using the Service or Device provided to you; or
j) any other cause that is beyond TalkTel’s control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected, completed, or forwarded, or degradation of voice quality.
TalkTel’s aggregate liability for any failure or mistake; any claim with respect to TalkTel’s performance or nonperformance hereunder, or any act or omission in connection with the subject matter hereof shall in no event exceed TalkTel’s Service charges with respect to the affected time period.
5.2 Disclaimer of Liability for Damages.
In no event shall TalkTel, 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 incidental, indirect, special, punitive, exemplary or consequential damages, or 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 be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty or condition, product liability, tort, 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 TalkTel was informed of the likelihood of any particular type of damages.
5.3 Idemnification and Survival.
You agree to defend, indemnify, and hold harmless TalkTel, 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 our Service, relating to this Agreement, the Services, including, without limitation, 911 dialing, or the Device.
The provisions of this Agreement are intended to survive the termination of this agreement.
5.4 No Warranties on Service.
TalkTel makes no warranties or conditions, express or implied, including but not limited to, any implied warranties of merchantable quality or fitness of the Service or Device for a particular purpose, title, or non-infringement or any warranty or condition. We continuously attempt to provide top quality service, but TalkTel does not warrant that the Service will be without failure, delay, interruption, error, and degradation of voice quality or loss of content, data or information. There are elements of service that are beyond our control. Neither TalkTel nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to you 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, your 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 TalkTel or its service provider’s or vendors’ negligence. Statements and descriptions concerning the Service or Device, if any, by TalkTel or our agents or installers are informational and are not given as a warranty of any kind.
5.5 Warranties on Devices.
Limited Warranty. If you purchased the Device new from us, either as a Residential or Business customer, and the Device included a limited warranty at the time of purchase, you must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation. If your Device did not include a limited warranty at the time of purchase, you agree that you accept the Device “as is” and that you are not entitled to replacement or refund in the event of any defect.
5.6 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 pr unauthorized, using your Service or Device. Each such person is defined as a “User”. You shall ensure that you and/or User’s use of the Service and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. TalkTel reserves the right to terminate or suspend Service, and/or remove you and/or Users’ content from the Service, if we determine that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide our Service to you or others or if we receive notice from anyone that Your or Users’ use or Content may violate said laws or regulations. TalkTel?s actions or inaction under this Section shall not constitute review or approval of your or Users’ use or Content. You will indemnify and hold TalkTel against any and all liability arising from content transmitted by or to you or to Users using the Services.
6 Governing Law, dispute resolution.
6.1 Governing Law.
This Agreement, and the relationship between you and TalkTel, shall be governed by the laws of the Province of British Columbia, and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. You and TalkTel agree to submit to the personal and exclusive jurisdiction of the courts located within the Province or British Columbia. The failure of TalkTel to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
6.2 Entire Agreement.
This Agreement, and the pricing rates for our Service found on TalkTel’s website, constitute the entire agreement between you and TalkTel and govern the use of our Service by you and any other individual making use of our Service through your account and/or Devices; this also supersedes any prior agreements between you and TalkTel and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon TalkTel or you until posted in accordance with Section 3 hereof.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
7.1 Network Security.
7.2 Personal Information.
To the extent that personal information is provided by you in connection with this Agreement, you confirm that you consent, and that all other necessary consents have been obtained, to the use and collection by, and disclosure to, TalkTel, assignees of TalkTel, and their respective affiliates, agents and contractors for the following purposes:
(a) providing products and services to the customer,
(b) contract management and administration,
(c) establishing a customer relationship and communicating with customers,
(d) developing, implementing and managing products and services for customers,
(e) assisting in law enforcement purposes and collecting unpaid debts,
(f) protecting, managing and promoting their business interests and activities; and
(g) otherwise as required or permitted by law.
Note that we will not use this information, nor allow any third party access to this information, to market other products or services to you that are not directly related to our VoIP telephony services. We believe that practices such as these are unfair and troublesome to our subscribers. 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; however, we will not release even this information to any third party other than the government of Canada or its related organizations.
Last Updated: January 16, 2009. TalktTel.ca
If you have any questions regarding anything in the TalkTel Terms of Service Agreement, please contact us using the following information: TalkTel, 3689 Yorkton Road, Westbank, BC, Canada, V4T2T7 – Phone 800-861-1888 Fax 604-677-5370