Terms of Service

1. General Terms
   1. Inter-Active Telecom is offering telecommunications services to the customer.
   2. Inter-Active Telecom will bill the client for equipment and services each month.
   3. Inter-Active Telecom remains the sole owner of the service, and any intellectual property or software provided in conjunction with the service.
   4. The use of the service constitutes agreement to these terms.
   5. These Terms of Service may be changed and updated from time to time by Inter-Active Telecom. Inter-Active Telecom will post updated terms of Service on its website (iatelecom.ca) and may additionally give notice of any changes by letter, monthly bill or otherwise. Your continued use of the relevant Services thereafter will be deemed acceptance by You of such changes. Please keep visiting our web site for the latest Terms of Service.
   6. This agreement supersedes any prior agreements between customer and Inter-Active Telecom.
2. Limitation of Liability
   1. Inter-Active Telecom shall not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice or data quality.
   2. Customer hereby waives any right to claim any incidental, indirect, special punitive, exemplary, compensatory, or consequential damages, or for any other damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the service, including but not limited to the inability to use or obtain VoIP 9-1-1 emergency service and/or other emergency assistance.
   3. Customer traffic may traverse the networks of other telecommunications providers including Internet Service Providers, and other telecommunications carriers which are not under the control of Inter-Active Telecom. While we endeavor to build business relationships with reliable carriers, trouble conditions can arise that are beyond our control.
3. Sole Remedy
   1. In the event of a service interruption, outage, or severe degradation, remediation shall be limited to the refund of service charges, prorated to the duration of the outage or degradation. The service interruption must be reported within 24 hours of the incident and the customer account must be current in payment status at the time it is reported. Refunds will be provided as a credit to the customer account unless otherwise requested.
4. Governing Law
   1. This agreement and the relationship between Inter-Active Telecom and Customer is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to its conflict of law provisions.
5. E911 limitations and differences
   1. VoIP 9-1-1 service on our network differs slightly from traditional land-line based E911 service. In the event of an Internet outage, power supply failure, equipment failure or other technical reason, 9-1-1 service may become unavailable. We advise all customers to ensure that they have their telephone equipment connected to an uninterrupted power supply, and make themselves familiar with alternative means of calling for help such as a cell phone, other land line, etc.
   2. Due to the location-less nature of our telephone system, all 9-1-1 calls are initially forwarded to an operator who will confirm your location and automatically or manually route your call to an emergency response center. Be prepared to provide your location and a call-back number to the operator. In the event that you are unable to speak, the operator will assume that you are calling from the address we have on file.
   3. Do not disconnect 9-1-1 calls unless told to do so by an emergency dispatcher. If a call is inadvertently disconnected you must call back immediately.
   4. You must contact Inter-Active Telecom in the event that your physical address changes, or if you add additional sites where telephones may be used. This information will be used to maintain the 911 location database.
   5. You as a Customer agree to make all users and potential users aware of the nature and limitations of VoIP 9-1-1 service as per CRTC regulations.
   6. Since some communities in Canada do not offer 9-1-1 services, 9-1-1 service is provided subject to availability. If 9-1-1 is not available call the required local emergency service directly.
   7. For related limitations of liability see section 2 of this document.
6. Billing terms
   1. Standard billing terms are 30 days. A monthly statement will be sent to the customer billing contacts via e-mail on or about the first of the month. No paper invoice will be provided. The invoiced balance must be paid within 30 days of the invoice date.
   2. Balances past 30 days due will be assessed a 2% late payment charge.
   3. Accounts that remain in an overdue state for 30 days may have outgoing calls limited.
   4. Accounts that remain in an overdue state for 60 days will be closed and service will be discontinued.
   5. Payment can be made by credit card, cheque, by on-line bill payment (where available), e-transfer, or by other means where mutual agreement is made between the customer and Inter-Active Telecom.
   6. Any disputes or disagreements must be brought to the attention of Inter-Active Telecom billing staff within 30 days of invoice. Charges not disputed beyond 30 days will be deemed correct.
7. Cancellation of Service
   1. Inter-Active Telecom has both Fixed Term and Month to Month commitments. Services that are month to month and maybe canceled at any time.
   2. Customers must notify Inter-Active Telecom of their desire to cancel services, and must indicate which services they wish to cancel and when.
   3. Services will be pro-rated to the date of cancellation and will be invoiced on the next billing cycle.
   4. Inter-Active Telecom may suspend or terminate Service, without any liability to You whatsoever, if You (or any other user of the Services, as may be applicable): fail to pay Your account that is past due; fail to meet Inter-Active Telecoms credit requirements; become bankrupt or otherwise insolvent; harass, threaten or otherwise act unreasonably towards Inter-Active Telecom, its employees or agents;
8. Rate Changes
   1. Inter-Active Telecom reserves the right, at its sole discretion, to modify its rates, monthly fees, surcharges, as well as any other fees collected by or paid to under the terms of this agreement. If a Customer does not agree with the changes, the customer has the right to no longer use the service and return and rental equipment and no longer be charged. All equipment must be returned and notice of cancellation of all services must be communicated to the company and a prorated adjustment to billing will be completed.
9. Appropriate Use
   1. The communications services provided by Inter-Active Telecom are intended for normal business use. The services provided shall not be used for unsolicited telemarketing calls, harassing, obscene, defamatory, or other harmful communications, or other uses that may be prohibited by law or regulation.
   2. Presented caller ID information shall accurately represent the customer initiating the call. Any caller ID presentation that is not the customer name, or the end user name must be supported by documentation.
   3. Inter-Active Telecom must comply with any lawful orders to provide customer records.
   4. Inter-Active Telecom reserves the right to immediately suspend service to safeguard the integrity of our network, or under conditions of abuse, misuse, or fraud, or when Inter-Active Telecom reasonably believes that a customer account has been compromised.
10. Customer Networks and Computing Systems
    1. During installation, maintenance, or troubleshooting, Inter-Active Telecom technicians may be required to access, adjust, reconfigure, test, or otherwise interact with existing customer networks and equipment in order to facilitate the operation of the Service.
    2. Inter-Active Telecom technicians do not service computers or computer equipment. Access to customer computers are not required for the provision or maintenance of the Service.
    3. Customers shall provide Inter-Active Telecom with the contact name, e-mail, and telephone number of a person or persons responsible for Information Technology or computer systems management. The Inter-Active Telecom technician will coordinate any required changes to the network with the supplied contact.
    4. In the event that no IT contact is provided, Inter-Active Telecom shall not be responsible for any interruptions, loss of use, or incorrect operation of computer networks or systems.
    5. Where Inter-Active Telecom has installed network equipment or components, or provides Internet access services, the configuration of network services shall be limited to the services ordered, and only when provided on equipment installed by Inter-Active Telecom.
11. Privacy
    1. Inter-Active Telecom will not disclose customer data to any third party without express customer consent, except as required to process customer orders, maintain the public telephone directory, or as may be required to fulfill other legal and regulatory requirements.
    2. Customer name, address, and phone number may be transmitted to third parties in order to provision 911 service.
12. Force Majeure
    1. If Inter-Active Telecom is delayed or hindered in, or prevented from, the performance of any act required hereunder for any reason beyond it's direct control, including but not limited to, strike, lockouts, labour disputes, governmental or judicial actions or orders, riots, insurrections, war, acts of God, inclement weather, or other reason beyond its control, which includes other matter that may affect the Service, such as power outages and interruptions to the Customer's access to the Internet due to problems experienced by its underlying ISP or Internet service, then its performance shall be excused for the period of the disruption.
    2. The Service may utilize equipment and/or facilities not in the immediate geographic vicinity of the area served. Customers may be affected by events some distance from their physical location.
13. Limitation of Warranty
    1. Inter-Active Telecom does not warrant that the Service will be free of defect, limitation, or is suitable for any specific purpose.
    2. Warranties provided with equipment sold by Inter-Active Telecom for use with the service are between the Customer and the manufacturer, or issues of the limited equipment warranty. Inter-Active Telecom may, at our option, provide assistance and / or loaner equipment when sold equipment requires warranty work. This assistance does not constitute an assumption of responsibility or extension of warranty, and shall only be provided for the convenience of the customer at the option of Inter-Active Telecom staff.
    3. Equipment may be provided as used or refurbished products when supplies exist, and with the explicit knowledge and consent of the Customer. Used or refurbished equipment is considered “as is”, and no warranty shall be provided.