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Terms of Service

911/Enhanced 911 (e911) Emergency Service

DEFINITIONS

  • Company: 9171-5573 QUEBEC INC. (herein “VoIP.ms” or “Company”), its contractors, agents, employees, associates, shareholders, partners and anyone working with or for VoIP.ms and its subsidiaries.

  • Customer: You, the person or entity, and its contractors, agents, employees, associates, shareholders, partners, or associates using the VoIP.ms service.

  • 911: Emergency call service typically used for delivering emergency calls to a public safety access point.

  • PSAP: Public Safety Answering Point

  • VoIP: Voice over Internet Protocol

  • DID: Direct Inward Dialing

Customers agree to all these Terms of Service upon opening an account with VoIP.ms and/or using its signup form and/or its customer service, by email or phone.

INTRODUCTION

The Company provides the following Terms of Service, which are subject to change at any time, (Herein “Terms” or “Agreement” or “Terms of Service”) to its customers for the use of their services. When it refers to “Services”, the company means offering to customers a vast range of standard telephony and communication features. The present Terms shall govern all Services provided by the Company to its customers.

Please read the Terms prior to using VoIP.ms services. By accessing and using the services of VoIP.ms, the customer agrees to be legally bound by this Agreement, and any modification of such Agreement by the continuous use of the Services. If the customer doesn’t agree with these Terms of Service, please do not use VoIP.ms’ Services.

APPLICATION

The following Terms of Service apply to all individuals referred to as customer and/or user of VoIP.ms Services.

RESTRICTIONS

The Services provided by VoIP.ms are available only to entities and persons over the age of legal majority established by the law of customer’s country and capable of entering into a legally binding agreement under applicable law. By using the Company’s Services, you declare that you have the legal capacity to do so, and that you understand that any breach of this obligation will be at your sole and entire responsibility and that the Company will not be held responsible.

  • The customer shall not use this Service as their sole call termination service, in which case the Company will assume no responsibility, and shall be advised to have a backup solution in any case this service does not deliver the customer demand.

  • The customer cannot spread misleading information about VoIP.ms  

  • All the information provided to customer and on the website of the company is under the intellectual property of VoIP.ms. Unless both party make a written agreement, the customer can not use any documents, logo or information about VoIP.ms’ technology.

  • Originating from payphones to VoIP.ms toll-free numbers is not guaranteed

  • The customer agrees to not purchase phone numbers from VoIP.ms with the sole intention to port them out to another service. VoIP.ms reserves the right, at its sole discretion, to disable the purchase of new phone numbers from an account that presents this pattern and may charge a port-out fee to allow the port out of numbers removed on this fashion.

  • The customer agrees that he is not provided with the right to start any claim, remedy or action, legal or otherwise that may harm VoIP.ms in any way, for any reason whatsoever directly or indirectly related to the Services.

  • VoIP.ms agrees to not sell your personal or corporate information to third parties.

  • The customer covenants and agrees that he will not use VoIP.ms termination (outbound) services for telemarketing purposes (including, but not limited to Automated Dialers, Call Centers and collection agencies). In that event, customer understands that VoIP.ms will suspend such activities without warning, to its sole discretion.

  • The customer covenants and agrees that he will not use any VoIP.ms phone number as their caller ID display for calls related to telemarketing, dialer traffic, polls, mass traffic campaigns, nor will use VoIP.ms phone numbers to receive traffic consistent with the aforementioned purposes (Mostly short calls, of very short duration). These activities can result in the suspension or removal of your DID number, and VoIP.ms reserves the right to do so without prior notice, and to its sole discretion.

VoIP.ms is currently not offering new accounts, origination or termination services for the following countries:

  • Egypt
  • India
  • Lebanon
  • Macedonia
  • Morocco
  • Pakistan
  • Palestine
  • Saudi Arabia

TERMS OF SERVICE

  1. The following Terms of Service may be revised. If the Company chooses to do so, such amended Terms of Service will take precedence over previous version. If a notice is not sent to the customer, VoIP.ms will make a notification on the website. It is the responsibility of the customer to read the Terms and keep current on revised versions. Note that major changes will be noticed to customers in a reasonable time of thirty (30) days via email.

  2. The customer is responsible for the safekeeping of their Login and Password information. If this information is lost or given to any other party in any way, the customer understands that this will be his sole responsibility. The customer agrees to frequently change his passwords to protect his account from any suspicious act.

  3. Customer covenants and agrees that it is responsible for all use of VoIP services under his account and that it shall be responsible for anyone that has access, authorized or not, to customer’s account.

  4. VoIP.ms does not claim that its Service is “standard line quality”, and the customer understands that the Service quality is “as is” and may vary depending on the location of the customer, the internet service provider and the destination of each call. Due to the nature of its offering that allow customers to bring their own device, software, PBX or switch, the customer shall understand that the level of support, and the service offered is intended to customers with a higher technical level. Although Company will do its best to assist customers in that situation, it shall not be held liable for any problem resulting thereof.

  5. The customer agrees to follow lawful purposes while using this Service. Call usage must comply with all applicable laws, rules and regulations in Canada, the USA and the location country of the customer. The customer agrees to set the CallerID/ANI Identification in their configuration with accurate correspondence to them, without creating any confusion to another person or party.

  6. VoIP.ms makes no warranties, expressed or implied, including or, but not limited to, merchantability or fitness for a particular purpose, regarding its product or service.

  7. VoIP.ms will direct any payment, firstly to pay negative balances. The customer understands that all negative balances are due and use the Service with the acceptation that any call below negative balance does not mean that the calls are not due. VoIP.ms reserves the right to suspend any negative account, or any account that does not have a minimum 5 $ balance. A written notice will be sent to the customer in a reasonable time of 30 days in case of suspended or negative account.

  8. VoIP.ms reserves the right to temporarily or permanently discontinue Service at any time and this without any notice, if this occurs, it will issue full refunds on unused balances.

  9. All rate quotes are valid only on the day they are issued and the Company only guarantees such rate to that extent. It is the responsibility of the customer to verify the accuracy of rates.

  10. Flat Rate Plans (may be referred to as "Unlimited") for local DID's (USA & Canada) packages are intended for residential use only and include the use of 2 simultaneous channels and a maximum of 3,500 inbound minutes per month.

  11. The free toll-free termination (value route) is provided to users under the premise that it will only add up to a small percentage of their traffic and that the account will also be used for regular traffic (incoming calls to DID numbers and/or outgoing calls to geographical areas). VoIP.ms reserves the right to determine, to its sole discretion, if the free toll-free usage is not typical or falls out of the pattern mentioned previously, and disable this option when most of the customer's calls consist of toll-free calls using the free toll-free termination (value route).

  12. The use of scripts that modify the customer portal interface in a way that goes beyond cosmetic modifications (for example, Grease monkey scripts to add additional choices in web forms) are strictly forbidden and can lead to immediate account deletion and legal actions.

  13. The customer is responsible for all usage of his account and is also responsible of the actual balance in his account.

  14. At VoIP.ms’ sole discretion, you may incur a port away fee for any DID number(s) leaving its network as this is a pass-through charge from VoIP.ms carrier(s).

  15. All traffic routed to the following markets will be rated based on durations measured by the following billing increments: United States and Canada: 6 seconds increment, starting at a minimum of 6 seconds. Mexico: 60 seconds increment starting at a minimum of 60 seconds. Rest of the world: 6 seconds increment starting at a minimum of 6 seconds.

  16. Information on VoIP.ms site regarding service, including but not limited to termination providers, is based on information passed to it from intermediary companies and may have not been verified. VoIP.ms will use reasonable efforts to assure obedience to all the requirements of the law of Quebec, Canada about security and confidentiality of any transactions or information.

  17. VoIP.ms does not encrypt its transmissions, or sensitive parts of customer information in its database. VoIP.ms retains the right to voluntary hand over information regarding customers, usage and calls if it is requested by law, court order or by governmental organizations.

  18. By submitting suggestions, feedback or any volunteer contributions, the customer acknowledges that VoIP.ms is not under obligation of confidentiality.

  19. Refund policy

    VoIP.ms guarantees the customer that its service will be working as offered in its website. A Customer can ask for a refund of its unused balance, which will be governed as following:

    • If a Customer made a first deposit and did not use its credits for the reason that he can't use the service, for any reason, VoIP.ms will refund 100% of the deposited amount to the customer.
    • If a customer made a deposit and does not want to continue with the Service, for any reason, the Company will refund the Customer in whole, for any unused pre-paid balance (total amount of deposits minus the usage by the customer), upon request, for all new deposits made within ninety (90) days of such request of refund. Any other amounts will not be refunded to the Customer, but will still be available for use.
  20. VoIP.ms uses a private security firm to automatically screen IP addresses upon logging in to the customer portal and also when the customer signs up for a new account. If this score is too high, the customer may be denied access by the system. You will not hold VoIP.ms accountable for any inconvenience, financial loss or other issues directly or indirectly related to this security measure.

  21. It is the customer's responsibility to verify and test that any number delivered to his account is active and working properly before publishing it. The test should be made from a landline or cell phone provider. VoIP.ms will not be held liable for any damages or advertising expenses arising from receiving a non-working number. If a number is confirmed non-working, it will be deleted from the account and the cost of the number refunded.

  22. All parties agree that it will conduct business in compliance to all requirements of the law, specifically in compliance of the law of the province of Quebec, Canada.

  23. In no event shall the Company be held liable to the customer and/or to any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including any and all liquidated damages, penalties, lost profit, loss of business and damages arising from the use of the Service, even if the Company may or may not have been previously informed of the possibility of such damage occurring.

  24. If there is any dispute about or involving the Company’s Services, it is agreed by all parties that said dispute shall be governed by the laws of the province of Quebec, and both parties agree to the exclusive jurisdiction of the courts in the district of Montreal, province of Quebec

  25. These Terms, and any amended versions thereof, are the entire Agreement between you and the Company with respect to the Services, and they shall supersede any other agreement, written or verbal, that you might have entered into. If any provision, or part of a provision, of these Terms is found to be invalid under the law, that provision, or portion of the provision, will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable.

  26. The customer agrees that the present Terms cannot be assigned or transferred unless the Company gives its prior written consent. The Company has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent, but will provide customer with a notice (written or email) if that event occurs.

  27. Automatic Billing

    The Company agrees to provide you with an Automatic Billing feature, which shall be governed by the present Terms and Conditions, and shall be available for every Customer.

    • The minimum deposit for the Automatic Billing feature is USD$15, and by using such feature, you are authorizing us to take the payment for the minimum deposit, and charge it to the credit card linked to you account. We reserve the right to change the minimum deposit amount at any time.
    • Every Automatic Billing account must have a minimum deposit of USD$15, but the Customer may choose any other threshold for the replenishment of his account, as long as that threshold amount is equal or higher to USD$15. By setting the threshold at the minimum of USD$15 or higher, you authorize us to take payment for such sum, and charge it to the credit card linked to you account, when such threshold is reached.
    • The Customer may use the Automatic Billing feature for all Services provided by the Company.
    • If the Customer’s card is declined or if payment cannot be taken with the provided credit card, you might not be able to use the Company’s Services, and you will receive a notice.
    • A maximum of 1 transaction per day is allowed.
    • The Company will use its best efforts to ensure proper functioning, but does not guarantee that the Automatic Billing feature will never be faulty.
  28. Minimum deposit

    Upon opening an account with the Company, the Customer must deposit a minimum of USD$15 in order to use the Company’s Services.

  29. Phone call conversation / Phone call recordings

    Through its audio conferencing feature, VoIP.ms offers you the possibility to record your phone conversations, to your entire and sole discretion. You should be aware that the laws regarding the notice and notification requirements, legality and use of such recorded conversations vary from country to country, state to state or province to province. As such, your recording of such conversation might be illegal, therefore you should make the proper verifications. By requesting or using the recording feature, you acknowledge and agree to be solely and entirely responsible for complying with all international, federal, state, provincial and local laws and regulations in the relevant jurisdiction when using this feature, and you warrant to VoIP.ms that you are acting legally. You expressly acknowledge and agree that VoIP.ms will not and cannot be held liable for any and all claim, directly and indirectly related to your recording of phone conversations. Without limitation to the Terms of Service, you agree to release, indemnify and to hold harmless VoIP.ms from and against any and all claims, damages or liabilities of any kind related directly or indirectly to the recording of any phone conversation using the Service.

Terms of Service (suite)

911/Enhanced 911 (e911) Emergency Service

The present Terms of Service are in addition to the Terms of Service applicable to the Services

Be aware of the conditions about dialing 911 from your VoIP.ms service.

VoIP.ms allows its customers to make and receive calls through the customers’ internet provider. Usually, VoIP services have some restrictions comparing to landline services. By accessing and using VoIP.ms services, the customer accepts and agrees that there are differences between a traditional phone service and a VoIP phone service, including the 9-1-1 emergency service.

Due to recent pursuant FCC/CRTC rulings and regulations, all customers who are using VoIP.ms services as their primary residential or business telephone carrier must activate 911 Emergency Services on at least one of their DIDs. By the present Terms of Service, the customer agrees to comply with such regulations and understands that the Company will assume no liability in case of any breach of said regulations by the customer.

The portion of the 911 service which delivers physical address information to your local PSAP is not guaranteed. It is possible that your physical location will not be provided to the PSAP dispatcher. On occasions of this kind, it will be your sole responsibility to give the dispatcher the location of your emergency to receive emergency service assistance, and the Company shall assume no liability to that extent.

Due to the quality variability of VoIP networks, VoIP.ms cannot and does not guarantee your emergency call will go through. Many conditions such as loss of power, Internet access and or several other may cause 911 to be inoperable. VoIP.ms does not have control over those types of situations and therefore can not be held liable. VoIP.ms will do everything within its power to prevent service outages within its network.

For e911 address information to be passed to your local PSAP dispatcher, you must set your outbound caller ID value to the specific DID you are purchasing e911 service for. Therefore, by agreeing to these Terms of Service, the customer is deemed to have set the outbound Caller ID number to the DID he has enabled e911 services for when making an outbound 911 emergency call.

VoIP.ms have added an extension to its network where all VoIP.ms users may call to test their Caller ID value. At any time, you may test your outbound caller ID value by dialing '1-555-555-0911' through VoIP.ms’ network.

By using VoIP.ms' enhanced 911 service, the customer agrees that VoIP.ms, its contractors, executives, members, customers, agents, employees, carriers, 911 providers, and anyone else associated with VoIP.ms is not held liable for emergency calls failing, even if it is determined that it is the fault of VoIP.ms or its associates, and releases the Company from any and all liability. Customer further agrees that they will notify their customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the VoIP.ms 911 service of our limitations and make customers agree to not hold VoIP.ms or customer liable.

Customer will be charged a recovery setup fee of $1.50 and a regulatory recovery fee of $1.50 per month for each DID submitted to the e911 database. This fee is not refundable.

VoIP.ms reserves the right to make changes to its site, services, policies and these Terms of Service at any time.

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