Terms of Service

The Company provides the following Terms of Service (the “Terms”) to its Customers for the use of its services, being a vast range of virtual telephony and communication features as further described on its Web site (the “Services”).

The present Terms shall govern all Services provided by the Company to its Customers.

Please read the Terms prior to using the Services. By accessing and using the Services, opening an account, signing up with the Company or using its customer service, Customers agree to be legally bound by these Terms. If you do not agree with these Terms, please do not use the Services. Any violation of these Terms may result in immediate action by the Company including, but not limited to, legal action and/or suspension or termination of the Customer's account and/or Services.

For these Terms, “Company” shall refer to 9171-5573 QUEBEC INC. (doing business as VoIP.ms) its subsidiaries, agents, employees, associates, shareholders, partners, and any person working with or for the Company and its subsidiaries, and “Customer” shall refer to the person or entity, as well as its contractors, agents, employees, associates, shareholders, partners, or associates, using the Services.

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

    3. Number Testing and Technical Information
    4. Customers must verify and test that any number delivered to their account is active and working properly before it is communicated in any way. The test should be made from a landline or cell phone provider. If a number delivered by the Company does not work properly, it will be deleted from the Customer’s account and the cost of the number shall be refunded. This number may be replaced upon Customer’s request.

      For Technical Information regarding the Services and their use, please consult Company’s Wiki: https://wiki.voip.ms/. The Company endeavors to keep the information on the Wiki current and accurate; however, there may be instances where updates to the Services are not fully reflected.

  2. RATES
    1. Rates
    2. All rates given to Customers are valid only on the day they are issued. The Company only guarantees such rates to that extent. The Customer must always verify applicable rates before using Services. Applicable rates are available on Company’s website at: https://voip.ms/pricing.

    3. Flat Rate Plans
    4. Flat rate, or unlimited, plans for Direct Inward Dialing numbers in Canada and the United States are intended for residential use only. A flat rate plan includes the use of two (2) simultaneous channels and a maximum of three thousand five hundred (3,500) inbound minutes per month.

    5. Toll Free Termination
    6. Toll-free usage is provided to Customers under the condition that this use will not represent a significant percentage of call traffic, and that the Customer’s account will mostly be used for regular call traffic (incoming calls to Direct Inward Dialing numbers and/or outgoing calls to geographical areas). Accounts must maintain a high ratio (above 2:1) of regular traffic (such as incoming calls or local outbound calls) over Toll-free traffic. The Company reserves the right to determine if toll-free usage is unusual or non-compliant, and to disable this option when non-compliant with the above requirements.

    7. Port-out Fee
    8. The Customer agrees to not purchase phone numbers from the Company with the sole intention to port them out to another service. If such activity is identified, the Company reserves the right to disable the purchase of new phone numbers from an account that presents this pattern and may charge a port-out fee of $25.00 USD per number removed from the Company’s network in this manner.

    9. Porting Fees
    10. The following fees apply when porting numbers from the United States and Canada:

      • A $8.75 USD fee for a port resubmission after a rejection.
      • A $50.00 USD fee for a port cancellation once the order has been submitted to the carrier.
      • A $250.00 USD fee for expediting a port with the carrier, if available.
    11. Rate Billing Increments
    12. All traffic routed to the following markets will be rated based on durations measured by the following billing increments:

      • Algeria, Azerbaijan, American Samoa, Brunei, China, Cook Islands, Comoros, East Timor, Ethiopia, Fiji, French Polynesia, Gambia, Guam, Haiti, India, Inmarsat, International Network, Iridium, Kiribati, Lesotho, Maldives, Mariana Islands, Mexico, Micronesia, Nauru, Nepal, New Caledonia, Niue, Norfolk Islands, Palau, Papua New Guinea, Singapore, Solomon Islands, South Korea, Sri Lanka, Suriname, Thailand, Tokelau, Tonga, Tuvalu, Vanuatu, Vietnam, Western Samoa, Global Mobile Satellite System, Satellite and Thuraya Satellite: 60 seconds increment starting at a minimum of 60 seconds.
      • Rest of the world: 6 seconds increment starting at a minimum of 6 seconds.
  3. BILLING AND PAYMENT
    1. Account Balance
    2. The Customer is responsible for all usage of its account and for the balance of money available in its account. The Customer acknowledges that its account may run on a negative balance if sufficient money is not available for the payment of ongoing calls and accepts that all sums recorded as a negative balance shall be due to the Company. The Company shall direct any payment made by the Customer first and foremost to the payment of negative balances. Notwithstanding the foregoing, the Company reserves the right to suspend any account which doesn’t have a minimum balance of USD$5.00. A 30-day notice shall be sent to the Customer prior to the suspension of its account.

    3. Account Closure for Negative Balance
    4. The Company reserves the right to proceed to the closure of any account which remains with a negative balance for a period of two (2) consecutive weeks. A 15-day notice shall be sent to the Customer prior to the closure of its account. At the expiration of such 15-day notice, if the Customer’s account still provides a negative balance and no further action has been taken by the Customer with the Company to rectify such default, the account will be closed and all of the Customer’s existing services linked to such closed account shall be disconnected or repurposed.

    5. Refund Policy
    6. A Customer can ask for a refund of an unused balance available on its account if it wishes to discontinue its use of the Services, for any reason. The Company will refund the Customer in full of any unused funds that were deposited to the Customer’s account in the last ninety (90) days preceding the refund request. Any unused balance that has been deposited in the Customer’s account for more than ninety (90) days shall not be refundable but shall still be available for use.

    7. Automatic Billing
    8. The Company provides its Customers with an Automatic Billing feature, which may be used by a Customer for any or all Services. To use the Automatic Billing feature, the Customer must determine what amount shall be periodically collected by the Company to ensure automatic billing of the Services. This billing threshold must be of a minimum of $15.00 USD. By its use of the Automatic Billing feature, the Customer authorizes the Company to charge the payment method linked to its account every time its use of the Services reaches the minimal billing threshold (maximum of one transaction per 24h). If the Customer’s payment method is declined or payment cannot otherwise be collected by the Company, the Customer’s use of the Services may be impacted and a notice to this effect will be sent to the Customer. The Company shall deploy commercially reasonable efforts to ensure that the Automatic Billing feature functions properly, without guarantee.

  4. CUSTOMER RESPONSIBILITIES
    1. ID accuracy
    2. The Customer agrees to configure the CallerID or Automatic Number Identification to ensure accurate correspondence with them, without creating any confusion with another person. More specifically, the Customer agrees not to falsely assume the identity of another person.

    3. Non-interconnected VoIP Services
    4. Customer acknowledges that it is responsible for all use of non-interconnected VoIP services under its account and that it shall be responsible for anyone that has access, authorized or not, to the Customer’s account. A non-interconnected VoIP service is defined by the Federal Communications Commission as a service that enables real-time voice communications that originate from or terminate to the user’s location using Internet protocol or any successor protocol; and requires Internet protocol compatible customer premises equipment; and does not include any service that is an interconnected VoIP service.

    5. Modifications to the Customer Portal Interface
    6. 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) is strictly forbidden and can lead to immediate account deletion and legal actions.

    7. Traceback Requests
    8. When a Customer acts as an upstream provider originating traffic or as a transit provider, it may receive a request from a duly authorized administrator of the US Telecom’s Traceback Group (the “ITG”) to provide information on suspicions robocalls that have been received by a downstream provider (a “Traceback Request”). When responding to a Traceback Request, the Customer must include in its response to the ITG its role in the call path (originating or transit provider) as well as the source of the problematic robocalls, to the best of its knowledge. Customer agrees to promptly respond to the Traceback Request in good faith and offer its full collaboration to the ITG, without requiring a subpoena or any other formal request.

    9. Business Text Messaging
    10. A business looking to send SMS/MMS traffic in the United States, regardless of the nature of the messaging traffic, must register its business and campaign with US operators at The Campaign Registry. Unregistered messaging traffic may be subject to filtering, blocking and fines. To initiate the process, please contact the Company’s team at [email protected].

    11. Reselling the Services
    12. Every Customer wishing to resell the Company’s Services represents and warrants that it has read the Terms and understands that it is bound by such Terms and must comply with them. Reseller also warrants and represents that it has the legal power to resell the Services and that it will maintain at all times the proper licenses and authorizations, and specifically, must comply with all applicable rules and regulations applicable to the Services and reselling of such Services and that it will register with the proper authorities, as applicable, such as the CRTC or the FCC, or any other entity. The reseller understands and agrees that the Company cannot be held liable for any and all fault and/or damages resulting directly or indirectly from the reseller’s activities and/or use and/or resell of the Services and will hold harmless and indemnify the Company from any and all such claim and/or damages. The reseller will not and shall not make any representations on the Company’s behalf without prior written approval.

  5. TELEMARKETING & SHORT CALLS
    1. Telemarketing
    2. The Customer agrees that, if it wishes to use inbound or outbound Services for telemarketing purposes of any nature, including but not limited to automated dialers, call centers, collection agencies, dialer traffic, and polls, such use must be pre-authorized by the Company. To obtain this authorization, the Customer must communicate with the Company’s team at the following email address: [email protected].

      If the Customer fails to secure the necessary authorization before initiating telemarketing activities, VoIP.ms reserves the right to take immediate action. VoIP.ms may, at its sole discretion, suspend the Customer's telemarketing-related use of the Services, including any associated direct inward dialing (DID) numbers, without prior notice. VoIP.ms shall not be held liable for any damages or losses incurred by the Customer as a result of the suspension or termination of telemarketing-related services due to unauthorized use.

      The Customer acknowledges these terms are in place to ensure compliance with relevant laws and regulations governing telemarketing activities and to protect the integrity of the Services provided by VoIP.ms and of its network.

    3. Short Calls
    4. Any Customer wishing to use the Services for short duration calls (“Short Calls”) must be pre-authorized by the Company. Short Calls include, without limitations, calls carrying signal for less than 6 seconds. To obtain this authorization, the Customer must communicate with the Company’s team at the following email address: [email protected].

      VoIP.ms reserves the right, at its sole discretion, to deny authorization for the use of Services for Short Calls. VoIP.ms is under no obligation to grant such authorization and may decline without providing a reason. When Short Calls are authorized, the applicable rates shall be those in effect at the time of the Customer’s initial communication with the Company, unless otherwise agreed in writing between the Customer and the Company. VoIP.ms shall not be held liable for any costs, losses, or damages arising from the Customer's inability to use the Services for Short Calls without proper authorization.

      The Customer acknowledges these terms are established to ensure acceptable use of the Services and to maintain the integrity of VoIP.ms' network.

  6. PERSONAL INFORMATION
    1. Use of Personal Information
    2. The Company does not sell your personal or corporate information to third parties. The Company can communicate personal information as permitted by the present Terms and the Company’s Privacy Policy, to provide, support and ensure the security of the Services. The Customer agrees and understands that the Company may use the services of a third party to render Services and that Customer data may be hosted by the Company or by authorized third-party service providers.

    3. Security
    4. The Company understands the importance of protecting Customers’ information and therefore strives to use secure and up-to-date protocols to protect personal information collected on the Website or through the Services. The Company represents that personal information shall be protected in accordance with the terms of the Company’s Privacy Policy.

    5. Sensitive Information
    6. When Customers are prompted to enter certain sensitive information while using the Services (such as credit card number), this information is encrypted. When a Customer accesses a secure page on the Company’s website, such as an order form, most web browsers will display a padlock. Once locked, the padlock icon indicates that the console is operating in secure mode and that communications are secured. The padlock icon is open when the page is not secure. All Customer information collected by the Company is restricted to the Company’s agents, developers, administrators, operations personnel, and other qualified employees.

    7. Login Information
    8. Customers are 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 it is solely responsible of any damages that may arise. In the event a Customer suspects that a third-party has gained access to his password, the Customer must immediately change his password using the appropriate functions of the Customer portal interface of the Services.

      Customer may enable two-factor authentication using the web portal. Configuring such two-factor authentication is strongly recommended to avoid third-party gaining unauthorized access to Services.

    9. Disclosure required by Law
    10. The Company retains the right to voluntary hand over information regarding customers, usage and calls if it is requested by law, court order or lawfully by governmental organizations.

  7. INTELLECTUAL PROPERTY AND COMMUNICATIONS
    1. Company’s Intellectual Property
    2. Unless otherwise specified in writing, all materials, technology or information that are part of the Services or are provided to the Customer through use of the Services or the Company’s Web site are owned, controlled, or licensed by the Company, form part of the Company’s intellectual property and cannot be used without authorization. The Customer does not acquire any ownership rights by using the Services.

    3. Music Broadcasting
    4. Customers using the Calling Queue feature of the Services can choose to broadcast music while callers are waiting in the queue. By choosing to broadcast music, the Customer warrants that it owns or disposes of the proper rights and licenses to broadcast such music in a calling queue. The Company does not own any rights or licenses to broadcast music, but only provides a feature for the Customer to do so. CUSTOMER WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY FROM ANY AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS DIRECTLY OR INDIRECTLY RELATED TO ANY CALLING QUEUE MUSIC USED BY THE CUSTOMER.

    5. Consent to Receive Communications
    6. When opening an account with the Company, Customers are asked to provide their contact information. As a result, Customers automatically consent to receive communications from the Company by way of phone call, mail, email or text message. These communications are sent to Customers for informational or promotional purposes and may include security notifications, account balance information, service changes, rate changes, etc. Customers may at any time opt-out of receiving communications from the Company via the customer portal. In doing so, however, the Customer’s use of the Services may be affected.

    7. Customer Feedback
    8. The Company encourages its customers to make voluntary contributions such as suggestions, comments or requests for assistance via email, telephone or chat. When Customers make such voluntary contributions, they acknowledge that the Company has no control over the nature and type of information they choose to provide. Accordingly, Customers agree that the Company may collect such information in connection with its Services and process it in accordance with these Terms and its Privacy Policy. The Company recommends that Customers do not voluntarily provide sensitive personal information to the Company. If Customers choose to enter sensitive information, they expressly consent to the collection, use and disclosure of such information by the Company in accordance with these Terms and the Privacy Policy. Further,

      Customer agrees that such feedback shall become the exclusive property of the Company, including, but not limited to, any intellectual property or other proprietary information contained within that feedback in the form of text, pictures or any other attachment. Furthermore, Customer agrees to assign all rights and title in or to all feedback submitted to the Company, in any shape or form, and execute any and all documents necessary to perfect its rights in and to intellectual property or proprietary rights assigned to the Company.

      Finally, Customers warrant that their voluntary contributions shall not violate the rights of third parties and shall not contain any unlawful, offensive or defamatory material, nor will contain any computer virus or malicious software that could affect the operation of the Services.

  8. SECURE AND PROPER USE OF THE SERVICES
    1. SPAM & SPIT
    2. The Company has a zero-tolerance approach for spam and spam on the Internet via telephony (SPIT) once aware of such behavior by Customer. This includes uses contravening to the Acceptable Use Policy (AUP): https://voip.ms/acceptable-use-policy. Complaints for unsolicited messages are dealt with quickly and firmly, and may result, at the Company’s sole discretion, in the suspension or cancellation of the account of any Customer involved in such activities.

      Notwithstanding the above, the Customer acknowledges that the Company cannot and will not conduct continuous surveillance of the Customer and third-party use of the Services.

      THE COMPANY EXPRESSLY DISCLAIM ANY WARRANTY THE SERVICES WILL BE FREE OF SPAM AND/OR SPIT FROM THIRD-PARTY USERS.

    3. Misuse of the Services
    4. As a condition of the Customer’s use and access to the Services, a Customer shall not: a) abuse or use in an unauthorized manner other Customers' personal information or use it in contravention with the Acceptable Use Policy (AUP); b) disrespect other Customers or violate their rights in any way; c) attempt to interfere with the Company’s security measures; or d) use any device or software intended to damage or access other Customers' or the Company’s devices. Misuse of the Services may result, at the Company’s sole discretion, in the suspension or cancellation of the account of any Customer involved in such activities.

    5. Security of the Services
    6. The Company uses a security firm to automatically screen IP addresses when a Customer first creates a new account and thereafter, every time it logs into such account. Based on various objective parameters, the security firm shall provide the Company with a risk score which may impact Customer’s access to the Services. The Customer may contact the Company by email to receive more information on this risk score and request a review. Customers acknowledge that this process is an preventive security measure and will not hold the Company accountable for any inconvenience, financial loss or other damages directly or indirectly related thereto.

  9. RECORDINGS AND TRANSCRIPTION
    1. Call Recordings
    2. The Company offers its Customers the possibility to record their phone conversations, at their sole discretion. Customers acknowledge that the laws regarding notification requirements, legality and use of such recorded conversations vary from one jurisdiction to another. A Customer using the call recording feature warrants that it will comply with the restrictions of the jurisdiction(s) in which the call is recorded and is solely and entirely responsible for such compliance. The Company shall not be liable for any claim related to call recordings, and Customers agree to release, indemnify and hold harmless the Company from and against all claims, damages or liabilities of any kind related directly or indirectly to the recording of any phone conversation using the Services.

    3. Call Transcription
    4. By using the call transcription feature, the Customer acknowledges that the Company may use any third-party service provider to render the transcription Services or part thereof, and that the Customer’s data may be communicated to, hosted by, and used by such third-party service provider to provide the transcription Services to the Customer. By requesting and using the call transcription feature provided by the Company, the Customer represents to the Company that it has obtained the consent of any conversation partner to its use and warrants that the use of such feature is in accordance with applicable laws and regulations in the Customer’s jurisdiction. The Customer agrees and covenants that the Company will not be held liable for and any all claims, damages, loss or fees arising directly or indirectly out of Customer’s use of the transcription Services. The Customer further agrees (i) that he will be bound by legal and technical limitations of services from said third-party service provider, and (ii) that third-party service provider mays host and process Customer’s data in another country.

  10. WARRANTIES AND LIMITATIONS ON LIABILITY
    1. Services
    2. The Company will provide the Services using a commercially reasonable level of skill and care, in material compliance with applicable laws and otherwise subject to the conditions of these Terms.

      NOTWITHSTANDING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE CUSTOMER EXPRESSLY AGREES THAT THE COMPANY PROVIDES ITS SERVICES ON AN “AS IS” BASIS (NOTABLY DEPENDING ON THE CUSTOMER’S LOCATION, INTERNET SERVICE PROVIDER AND THE DESTINATION OF ITS CALLS) WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO THE TERMS). WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS, NOR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES (COLLECTIVELY, “VOIP.MS PARTIES”) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PAGES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.

      WITHOUT LIMITING THE ABOVE, THE CUSTOMER ACKNOWLEDGES THAT THERE ARE INHERENT LIMITATIONS TO THE SECURITY OF THE INTERNET, THAT PACKET OF INFORMATION MAY BE INTERCEPTED OR CORRUPTED DURING THE PROVISION OF THE SERVICES AND THAT THIRD PARTIES MAY BE EAVESDROPPING USING VARIOUS DECRYPTION MEANS, OR ATTEMPT TO INTRODUCE MALWARE THROUGH THE SERVICES.

      The Customer shall not use the Company’s Services as its sole call termination service, and it is highly recommended that the Customer ensures it has access to an alternate call termination service for cases in which the Company’s Services may not meet Customer’s needs.

    3. Limitations on Support Services
    4. The Company is a Voice over IP service provider that does not provide any phone devices or any other equipment to its Customers and shall accept that its Customers use for the purpose of the Services any type and brand of equipment that supports the VoIP protocol. Customers acknowledge that in certain circumstances, while the Company shall deploy commercially reasonable efforts to assist Customers, the Company’s support and troubleshooting Services may be limited or inaccurate due to the nature of the equipment provided by the Customer, and Customers agree to not hold the Company liable for any damages resulting therefrom.

    5. Damages
    6. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE VOIP.MS PARTIES BE HELD LIABLE TO THE CUSTOMER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY AND ALL LIQUIDATED DAMAGES, PENALTIES, LOST OR ANTICIPATED PROFIT, LOST DATA AND LOSS OF BUSINESS ARISING FROM THE USE OF THE SERVICES, WHETHER OR NOT THE VOIP.MS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

      WITHOUT LIMITING THE ABOVE. VOIP.MS PARTIES SHALL NOT BE LIABLE, IN ANY CASE, FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES IN VIOLATION OF THE ACCEPTABLE USE POLICY (AUP), UNDER ANY LEGAL THEORY.

    7. Third-Party Claims
    8. CUSTOMERS AGREE TO HOLD HARMLESS THE VOIP.MS PARTIES FROM AND AGAINST ALL THIRD-PARTY CLAIMS AND ACTIONS BROUGHT AGAINST THE VOIP.MS PARTIES ARISING OUT OF THEIR USE OF THE SERVICES OR THAT OF ANY PERSON THEY PROVIDE ACCESS TO USE THE SERVICES AND/OR THEIR BREACH OR ALLEGED BREACH, OR THAT OF ANY PERSON THEY PROVIDE ACCESS TO USE THE SERVICES, OF ANY TERM, CONDITION, OBLIGATION, REPRESENTATION OR WARRANTY IN THESE TERMS, INCLUDING BY PAYING ALL ATTORNEYS’ FEES AND COSTS TO DEFEND SUCH CLAIMS AND ACTIONS AND ALL AWARDS, DAMAGES, COSTS AND EXPENSES ARISING THEREFROM. CUSTOMERS AGREE THAT THE PROVISIONS IN THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THEIR ACCOUNT(S), THE SERVICES, OR THE TERMS.

  11. RESTRICTIONS AND MODIFICATIONS TO SERVICES
    1. Modifications
    2. The Company reserves the right to discontinue its Services to Customer temporarily or permanently at any time and without notice. In such event, the Company will issue full refunds on Customers’ unused balances.

    3. Restrictions
    4. Some countries and service providers may block the Services.

      The Company is currently not offering new accounts, origination, or termination Services for the following countries: Belize, China, Cuba, Egypt, Ethiopia, Gambia, India, Iran, Jordan, Kuwait, Lebanon, Libya, Macedonia, Morocco, North Korea, Oman, Pakistan, Palestine, Qatar, Saudi Arabia, Syria, Tanzania, United Arab Emirates and Venezuela.

      The use of Services is also prohibited in the following countries:

      • Cuba
      • North Korea
      • Syria
      • Iran
  12. ACCOUNT CLOSURE
  13. The Company reserves the right to close any Customer’s account if it remains inactive for a period of twenty-four (24) consecutive months. If an account is flagged as inactive, the Company will notify via email the Customer registered as owner of the account that the inactive account will be closed if no activity is recorded or if the owner does not contact the Company within thirty (30) days of the email notification. If no appropriate action is taken by the Customer, the inactive account will be closed. The Company shall not be liable for any losses or damages incurred as a result of the closure of an account due to inactivity.

  14. THIRD-PARTY PLATFORMS

    The Company’s website provides its customers and visitors with a Community Wiki as well as links to Facebook, Twitter, LinkedIn, community forums and personal blogs. It is important to note, however, that Company cannot guarantee the protection of information provided on these other websites or media platforms. As such, the Company is not responsible for the collection, use or distribution of personal information posted on such public forums, including any use by third parties.

  15. GENERAL PROVISIONS

    1. Laws and Dispute Resolution
    2. The Customer agrees to follow lawful purposes while using the Company’s Services. Call usage must comply with all applicable laws, rules and regulations in Canada, the United States, and the jurisdiction where the Customer is located.

      To the fullest extent permitted by law, if there is any dispute related to the Company’s Services or these Terms, it is agreed that said dispute shall be governed by the laws of the province of Quebec and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law that would require the application of the laws of any other jurisdiction.

      Unless otherwise compelled by law,the courts in the district of Montreal, province of Quebec shall have exclusive jurisdiction on any such dispute.In the event courts in any other jurisdiction have a right to hear such dispute, both parties hereby waive irrevocably any right to trial by jury in any suit or proceeding arising therefrom.

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

    5. Legally Binding
    6. The Services provided by the Company are available only to legal entities and to individuals having the legal age of consent and have the legal capacity to contract (as established by the jurisdiction in which Customer is located). Customers who are individuals further declare that they have the legal capacity to use the Services pursuant to these Terms, and the Company shall not be held liable for any misrepresentation by a Customer in this regard.

    7. Assignment
    8. The Terms cannot be assigned or transferred by the Customer without the prior written consent of the Company. The Company may assign any of its rights and obligations under these Terms without the Customers’ consent if it has sent prior written notice to Customers to this effect.

    9. Amendment
    10. The Company reserves the right to make changes to its Web site, Services, policies and Terms at any time. Any amended Terms shall take precedence over any previous version. In case of amendment of these Terms, the Company shall either give prior written notice to Customers or shall post a notification to this effect on the Company’s website

      Continuous use of the Services shall be considered as acceptance of the amended Terms.

  16. EMERGENCY COMMUNICATIONS

    1. The Company wants to make sure that Customers are aware of important differences in the way Emergency Services operate when using VoIP services when compared with traditional telephone service. Please find below what Customers need to keep in mind.  

    2. Routing of Emergency Calls
    3. For United States residents, when a Customer makes an emergency call, the Company will attempt to automatically route its call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to the Customer’s address of record on its account. However, the delivery of the Customer’s physical location to its local PSAP is not guaranteed. It is possible that the Customer’s location will not be provided to the PSAP dispatcher On such occasions, it will be the Customer’s sole responsibility to give the dispatcher its name, location (or location of the emergency) and contact information to receive emergency service assistance. For Canadian residents, a Customer’s emergency call will be directly sent to an emergency call center confirming its identity and location, and then immediately transferred to the local PSAP.

    4. Limitations Due to VoIP Networks
    5. Due to the various dependencies of VoIP networks, the Company cannot and does not guarantee a Customer’s emergency call will go through. Many conditions such as loss of power, Internet access or connectivity and/or several other conditions may cause emergency services to be inoperable. The Company does not have control over those types of situations and therefore cannot be held liable of such inoperability. The Company will take commercially reasonable measures to prevent service outages within its network.  

    6. Outbound CallerID
    7. For emergency services address information to be passed to a Cusomter’s local PSAP dispatcher, the Customer’s outbound CallerID value must be set to the specific DID it is purchasing emergency service for. Therefore, by agreeing to these Terms, a Customer is deemed to have set the outbound CallerID number to the DID it has enabled emergency services for when making an outbound emergency call.  The Company has added an extension to its network where all Customers may call to test their CallerID value. At any time, a Customer may test its outbound CallerID value by dialing ‘1-555-555-0911’ through the Company’s network.  

    8. Limitations on Emergency Services
    9. CUSTOMERS UNDERSTAND THE LIMITATIONS OF THE COMPANY’S EMERGENCY SERVICES AND ASSUMES ALL LIABILITY AND RESPONSIBILITY, AND RELEASES THE COMPANY TO SUCH EXTENT, FOR THE USE OF EMERGENCY SERVICES,AND FURTHER AGREES TO HOLD THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FOR ANY DAMAGE, WHETHER DIRECT OR INDIRECT THAT MAY RESULT FROM : (1) THE EMERGENCY SERVICES PROVIDED BY THE COMPANY (INCLUDING BUT NOT LIMITED TO SITUATIONS OF UNAVAILABILITY OF EMERGENCY SERVICES AS DESCRIBED IN THESE TERMS AND INCOMPLETE OR INCORRECT LOCATION INFORMATION PROVIDED BY THE CUSTOMER); (2) CUSTOMER’S FAILURE TO OBTAIN ACCESS TO CONVENTIONAL EMERGENCY SERVICE AS PART OF A TELEPHONE LINE SUBSCRIPTION FROM ANOTHER COMPANY UNDER SEPARATE AGREEMENT; (3) CUSTOMER’S FAILURE OR DELAY IN UTILIZING CONVENTIONAL EMERGENCY SERVICE. CUSTOMERS WHO RESELL THE SERVICES FURTHER AGREE THAT THEY ARE RESPONSIBLE FOR NOTIFYING, AND AGREE TO NOTIFY, THEIR CUSTOMERS, CONTRACTORS, AGENTS, EMPLOYEES, ASSOCIATES, SHAREHOLDERS, PARTNERS, AND ANY OTHER POTENTIAL USER OF THE COMPANY’S SERVICES OF THE NATURE AND LIMITATIONS OF THE EMERGENCY SERVICES.  IF A CUSTOMER IS NOT COMFORTABLE WITH THE LIMITATIONS OF EMERGENCY CALLS, THE CUSTOMER MUST CONSIDER AN ALTERNATE MEANS FOR ACCESSING TRADITIONAL EMERGENCY SERVICES, AS REGISTRATION TO EMERGENCY SERVICES IS MANDATORY IN MOST COUNTRIES. FURTHERMORE, THE CUSTOMER AGREES THAT THE COMPANY HAS NO LIABILITY IN RELATION TO THE QUALITY OF THE ADVICE AND SERVICES PROVIDED BY A PSAP.

    10. Pricing
    11. Customer will be charged a recovery setup fee and a regulatory recovery fee per month for each DID that is submitted to the emergency service database – see pricing. This fee is not refundable.

    12. Regulation: Section Applicable to Customers Residing in the Unites States or Canada
    13. Due to recent pursuant FCC/CRTC rulings and regulations, all Customers who are using the Company’s services as their primary residential or business telephone carrier must activate 911 Emergency Services on at least one of their DIDs.  As per regulations, Customers must also make sure that their communication systems permit all users to always dial 911, without the need to dial a prefix, and that, should 911 be dialed from the Customer’s communication system, proper personnel and authorities be promptly informed of the emergency.The Company endeavors to provide to the Customer the services necessary to abide by rules and regulations, in accordance with these Terms. Notwithstanding the foregoing, by the present Terms, the Customer agrees to comply with such regulations and understands that the Company shall assume no liability in case of any breach of said regulations by the Customer.  

    14. Regulation: Section Applicable to Customers Residing Outside of the United States or Canada
    15. Telecommunication regulators outside Canada and the United States generally provide that all Customers who are using VoIP services as their primary residential or business telephone carrier must activate Emergency Services on at least one of their DIDs. This obligation applies to any Customer residing in the following countries: Austria, Australia, Belgium, Bulgaria, Croatia, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Ireland, Israel, Italy, Japan, Latvia, Lithuania, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Turkey, and United Kingdom.  If a Customer is using the Services to terminate calls with a CallerID that isn’t registered in its account, the Customer acknowledges and accepts that the Company will not be able to terminate Emergency Services calls due to lack of the necessary information and declines all responsibility with respect to this matter. In this case, the Customer must communicate with the carrier with which its phone number is registered to activate Emergency Services with them, as it shall be their responsibility to terminate your Emergency Services calls.  

    16. Use of Emergency Services Outside of a Customer’s Country of Residence
    17. Regulators generally require that a local address be registered when Emergency Services are activated for a phone number. If a Customer is using the Services for local call termination in a country in which it does not have an address of residence, the Customer may not be able to register for and activate Emergency Services in said country and may experience difficulties communicating with Emergency Services in their country of residence.  The Company declines all responsibility with respect to this service limitation, in accordance with this section of the Terms.