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WebCall Terms of ServiceWebCall by Navigata as Agent for Saskatchewan Telecommunications 1. The Agreement This is the legal agreement between you, the customer (the “Customer”), and Saskatchewan Telecommunications (“WebCall”) for the provision of the WebCall service (the “Service”) that is being sold by Navigata Communications Ltd. as agent for WebCall. This agreement, together with the SaskTel Non-Tariffed Products and Services document and the Terms of Service contained therein outline the terms and conditions that apply to the Customer’s use of the Service and represent the terms and conditions that the Customer is asked to review and either accept or decline as part of the process for the Customer to subscribe to the Service. In the event of a conflict between the SaskTel Non-Tariffed Terms of Service or the SaskTel Non-Tariffed Products and Services document and this agreement, this agreement shall apply. 2. Description of WebCall service WebCall service is a leading edge internet application that utilizes Voice over Internet Protocol (VoIP) to make telephone calls using a broadband Internet connection to which the Customer has subscribed. The Service includes a combination of IP Telephony and Multimedia features as well as a long distance component. In addition to dial tone and long distance using a broadband Internet connection, the service includes:
The Service is:
The Service:
3. Agreement Updates This agreement may be amended by WebCall from time to time, with or without notice to Customer. Such changes shall be effective immediately upon posting of the modified agreement on the WebCall web site at http://www.webcall.ca or any successor or replacement web sites (the “WebCall Web Site”). Customer must periodically review the WebCall Web Site to view the most recent version of the agreement. In the event the Customer does not accept the amended agreement, the Customer must terminate its Service. WebCall will not be liable to Customer or any third party for damages of any kind whatsoever if Customer does not accept an amended agreement. An amended agreement will be considered “accepted” by Customer unless Customer terminates the Service. WebCall, at its sole discretion, reserves the right to change the Service, including its charges, features, equipment and/or software requirements, and any other aspect of the Service, at any time, with or without notice, and without liability. If Customer does not agree with any such change, Customer’s only remedy is the voluntary termination of the Service. 4. Payment and Billing Every customer and user of the Service is liable to pay the charges and rates applicable to the Service. Customers will be charged monthly, one month in advance, for the WebCall Feature Package(s) (including the associated Long Distance package) selected by the Customer effective the date the order is placed. Toll charges for Canada/US calling beyond the number of long distance minutes allowed for in their long distance package for Canada/US calling (the “L.D. Cap”) will be billed in arrears. In addition, any toll charges for International calling and calls to Alaska, Northwest Territories, Yukon, Nunavut and other local serving areas of NorthwesTel will be billed in arrears. The only customer option for payment is by credit card — Visa and MasterCard. Customers will be subject to a credit check prior to receiving approval for service. Customers will be billed once per month their monthly recurring charge, any charges beyond the L.D. Cap, their International calling , calling to Alaska, Northwest Territories, Yukon, Nunavut and other local serving areas of NorthwesTel, and all applicable taxes on these amounts. The charges and applicable taxes will appear as one charge on their credit card bill for their Service. Customers will not receive a paper copy of their bill. Detailed billing will be sent via email or presented on a protected web site. Long distance calling will show Vancouver local time for the time calls are placed. 5. Service Activation Fee Immediately following activation of Service, the Customer will be billed $49.95 as a non-refundable service connection charge for the Service, unless otherwise waived as part of an introductory offer. 6. Disconnect Fee/Termination of Service Customer will immediately be charged a $99.95 disconnect fee upon termination of Service for any reason whatsoever. If the analogue terminal adapter is returned in good condition to WebCall within 14 days, reasonable wear and tear excepted, the Customer will be refunded the entire disconnect fee less any amounts outstanding for the Service. The disconnect fee is not in lieu of any other amounts that may be owing by the Customer for the Service up to the date of termination and the Customer shall remain liable to WebCall for all such charges. Refund of the disconnect fee shall not in any way affect the Customer’s obligation to pay to WebCall all charges for the Service up to and including the date of termination of the Service, including those that may be charged in arrears following the termination of Service. 7. Credit Card Arrangements WebCall may deny Service if the Customer’s ability to pay is questionable or cannot be established to WebCall’s reasonable satisfaction. If a Customer’s credit card provider rejects the applied charges during the billing cycle, the Customer’s Service will be immediately suspended. A Customer must then make arrangements to settle the account or the Service will be permanently disconnected within 14 days. Once Service is established, notification will be sent to Customer in advance, informing them that their credit card is expiring and a new number/expiry date will be requested. The credit card information must be returned one month in advance of expiry date. Failing receipt by WebCall of new validated credit card information, Service will be disconnected. Service shall not be provided to the Customer in the event the Customer’s credit card is invalid upon sign-up. Service shall be discontinued if a Customer’s credit card becomes invalid or is discontinued after the Service has commenced. If the Customer’s credit card is invalid or discontinued, any outstanding charges remain due and owing and are the responsibility of the. Customer to pay and in the event of non-payment may be forwarded to a collection agency for collection. 8. Help Desk Support Technical Support will be provided to activate and support the Service. On-going support will be available by contacting WebCall at 877-6-WEBCALL (877-693-2225). 9. Customer’s Responsibilities It is the Customer’s responsibility to ensure that the hardware and software used by the Customer to access the Service (the Equipment) meets the current minimum system requirements as specified by WebCall from time to time. In the event the Equipment ceases to be adequate in accessing the Service, Customer, at its own risk and expense, may upgrade or replace the Equipment, as necessary, or Customer may terminate the Service. Customer agrees that WebCall shall not be liable for any loss, damages, expenses, or costs, of any kind, as a result of Customer or Customer’s Equipment being unable to access or utilize the Service. WebCall is not responsible or liable for the installation, operation, maintenance or support of any Equipment owned or operated by Customer including, without limitation, any other equipment used by Customer in connection with Customer’s use of the Service. The Customer is solely responsible for obtaining the highspeed broadband connection required for the Service to work. In the event that the Customer’s high speed broadband connection experiences service outages or is suspended or terminated, or in the event of a power failure, the Service will cease to function in its entirety. Charges for the Service will continue in such an event unless and until the Customer terminates the Service in accordance with this agreement. Customer understands and agrees that it will not use the Service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or automated polling. 10. Customer Information In order to use the Service, Customer will be required to provide and maintain certain information in Customer’s account (the “Customer Information”). Customer agrees that the Customer Information will be complete, accurate and current and the Customer agrees to promptly update Customer Information in the event of any changes to such information. Customer is responsible for maintaining the confidentiality of Customer’s Account, including but not limited to any password or access code required for Customer’s use of the Service. Customer is fully responsible and liable for all usage that occurs on the Customer Account. Customer must immediately notify WebCall of any unauthorized use of, or access to, the Customer Account. The Customer Information and any other personal information of the Customer is collected, used and disclosed by WebCall only in conjunction with providing the Service to the Customer and in accordance with and for the purposes identified in the Privacy Policy available on this web site. 11. EMERGENCY SERVICES- 911 DIALING VoIP 911 Consumer Tips: The following list of “VoIP 911 Consumer Tips” is critical information that needs to be understood by both prospective and in-service customers:
Circumstances In Which 911 Service Would Or Would Not be Available: WebCall Devices WebCall offers basic 911 service available only on WebCall devices as described herein. Service Outages 911 dialing will not function in the following circumstances:
The Nature Of The 911 Service That Is Provided And On What Conditions: Possibility of Network Congestion and/or Reduced Speed for Routing Due to the technical constraints on the manner in which it is possible to provide 911 dialing for WebCall service at this time, there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 communication made using your WebCall equipment as compared to traditional 911 dialing over traditional public telephone networks. Therefore, 911 calls may take longer to reach PSAPs or local emergency service providers than in the case of traditional 911 calls. Automated Number Identification One or more telephone companies other than WebCall route 911 traffic to an operator who routes the call to the correct PSAP. Therefore at this time it is not possible for the PSAP and the local emergency personnel to identify your phone number when you dial 911, in order to call you back if your call is unable to be completed, is dropped or disconnected, if you are unable to speak to tell them your phone number and/or if the Service stops operating for any reason, including without limitation, those listed elsewhere in this Agreement. Automated Location Identification At this time it is not possible to transmit identification of your physical address to the operator who routes the call to the PSAP and local emergency personnel for your area when you dial 911. You will therefore need to state your location, as the operator will NOT have this information. Once you are transferred to the PSAP and local emergency personnel, you will need to state the nature of your emergency promptly and clearly, including your location, as the PSAP and local emergency personnel will NOT have this information. The operator and/or PSAP and local emergency personnel will not be able to find your location if your call is unable to be completed, is dropped or disconnected, if you are unable to speak to tell them your location and/or if the Service stops operating for any reason, including without limitation, those listed elsewhere in this Agreement. Material Differences Between The 911 Service That Is Provided And Traditional E911 Service: Non-Availability of Traditional 911 or E911 Dialing Service The 911 service offered by WebCall differs in a number of important ways (some, but not necessarily all, of which are described in this Agreement) from 911 or E911 emergency services as provided by traditional local exchange carriers. By activating the Service, you acknowledge that you have read, understood, and agree to the terms and conditions regarding WebCall's 911 service. Routing of 911 Calls When you dial 911, your call is routed from the WebCall network to an operator, who then asks for your physical location and phone number. The operator then routes your call to the Public Safety Answering Point (PSAP) designated for the physical location that you provided. The call may be routed to the general telephone number for the PSAP or local emergency service provider (which may not be answered outside business hours), rather than traditional 911 dispatcher(s). There may be a greater possibility that the general telephone number for the local emergency service provider will produce a busy signal or will take longer to answer, as compared to traditional 911 calls. WebCall disclaims any and all liability or responsibility in the event that the information or routing is incorrect to the general telephone number for the local emergency service provider. Failure to Designate the Correct Physical Address When Making a 911 Call Failure to provide the current and correct physical address and location of your WebCall equipment to the operator will result in any 911 communication you may make being routed to the incorrect local emergency service provider. The address information that you provide must be the actual physical street address where you are located, not a post office box, mail drop or similar address. Measures That Should Be Taken By A 911 Caller As A Result Of Such Differences: Alternative 911 Arrangements You acknowledge that WebCall does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional E911 services. The Obligation Of The Subscriber To The VoIP Service To Inform All Users And Potential Users Of The VoIP Service Of The Nature And Limitations Of The 911 Service: Other Users You agree to inform any household residents, guests and other third persons who may be present at the physical location where you use the Service, of the non-availability of traditional 911 or E911 dialing from your WebCall service and device(s), and of the important differences and limitations of WebCall 911 described in this Agreement as compared with traditional 911 or E911 dialing. Applicable Limitations Of Liability: Limitation of Liability and Indemnification Neither WebCall nor its directors, officers, employees affiliates and agents will 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 any Service outage and/or inability to dial 911 from your line or to access emergency service personnel unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence or intentional misconduct on the part of WebCall. You agree to defend, indemnify, and hold harmless WebCall, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you or to WebCall in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable legal fees and expenses) by, or on behalf of you or any third party or user of your Service relating to the absence, failure or outage of the Service, including 911 dialing and/or inability of you or any third person or party or user of your Service to be able to dial 911 or to access emergency service personnel, and any misroutes of 911 calls, including but not limited to your provision to WebCall of incorrect information in connection therewith. 12. Limitation of Liability NOTWITHSTANDING SECTION 23.6 OF THE TERMS OF SERVICE CONTAINED IN SASKTEL’S NON-TARRIFFED PRODUCTS AND SERVICES DOCUMENT, IN NO EVENT SHALL WEBCALL (BEING SASKTEL), ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES AND AGENTS OR THEIR EMPLOYEES, OFFICERS AND DIRECTORS OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO THE CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR FAILURE TO RECOGNIZE EXPECTED SAVINGS, OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE INCLUDING THE 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, PRODUCT LIABILITY, TORT AND ANY OTHER THEORIES OF LIABILITY, WHETHER LEGAL OR EQUITABLE AND APPLY WHETHER OR NOT WEBCALL WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF ANY SUCH DAMAGES OR LOSS OR WHETHER OR NOT WEBCALL COULD HAVE REASONABLY FORESEEN THE SAME. 13. No Warranties on Service WEBCALL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PATENTS OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WEBCALL DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER WEBCALL NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR THEIR EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO THE CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO WEBCALL’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF WEBCALL’S OR ITS SERVICE PROVIDERS’ OR VENDORS’ NEGLIGENCE, STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR EQUIPMENT. ANY SUCH STATEMENTS BY WEBCALL OR WEBCALL’S AGENTS OR INSTALLERS ARE INFORMATION ONLY AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. 14. Agents Any warranty, limitation of liability or indemnification by the Customer in favour of WebCall provided in this agreement shall be for the direct benefit of any agent of WebCall and any such agent can enforce such provisions in their own name notwithstanding the lack of privity of contract between any such agent and the Customer. 15. Governing Law and Jurisdiction The Service is owned and operated by Saskatchewan Telecommunications predominantly from its offices within the Province of Saskatchewan, Canada and originates in Canada. This Service is available, however, to any residents of Canada. As each of the places where the Service may be used have laws that may differ from those of the Province of Saskatchewan, by subscribing to the Service, the Customer agrees that this agreement and the Service is governed by and construed in accordance with the laws of the Province of Saskatchewan and laws of Canada applicable therein. Customer hereby irrevocably consents to the jurisdiction of the courts of the Province of Saskatchewan and in particular agrees that any legal proceedings shall only be brought in the Judicial Centre of Regina with respect to any controversy or other matter relating to or arising out of this agreement. Any cause of action Customer may have with respect to this agreement or the Service must be commenced within one (1) year after the claim or cause of action arose or it shall be barred. 16. Copyright and Trademarks The Service and analogue terminal adapter and any firmware or software used to provide the Service or provided to the Customer in conjunction with providing the Service, or embedded in the analogue terminal adapter or any other device that may be provided by WebCall in conjunction with the Service from time to time and all information, documents, and materials on the WebCall Web Site are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively the “Marks”) of WebCall are and shall remain the exclusive property of WebCall and nothing in this agreement shall grant the Customer the right or license to use any of such Marks. Customer acknowledges that they are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the analogue terminal adapter or any other device provided by WebCall in conjunction with the Service from time to time, other than a nontransferable, revocable license to use such firmware or software in object code form without making any modifications thereto, strictly in accordance with the terms and conditions of this agreement. The Customer expressly agrees that the analogue terminal adapter is exclusively for use in connection with the Service and that the Customer shall not provide any passwords, codes or other information or assistance that would enable the Customer to use the analogue terminal adapter for any other purpose. The Customer shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary or object code of any such firmware or software. 17. Entire Agreement This agreement and the SaskTel Non-Tariffed Products and Services document and the Terms of Service contained therein constitute the entire agreement between you and WebCall and govern your use of the Service, superseding any prior agreements between you and WebCall 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 WebCall unless and until posted in accordance with Section 3 hereof. 18. Severability 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. 19. Equipment Upgrade Fee Customer will immediately be charged a $99.95 fee in any of the following circumstances: 20. Rates The following packages and corresponding rates are applicable for the Service: WebCall Basic ($15.95)
WebCall 1000 ($29.95)
WebCall 1000 Plus ($39.95)
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