The rendering of an invoice(s) by ViaNetTV Inc. shall be construed as an
offer to extend this agreement and the payment of such invoice(s) by customer shall
be construed as an acceptance. If such invoice(s) are not paid within fifteen (10)
days of presentment, in the legal money of Canada, ViaNetTV Inc. may terminate this
agreement and discontinue services.
1. EMERGENCY SERVICES - 911 Dialing through VoIP
1.01 Non-Availability of Traditional 9-1-1 or E9-1-1 Dialing Service.
1.1 Non-Availability of Traditional 911 or E911 Dialing Service.
ViaNetTV Inc. offers a form of 911 service (911 Dialing) that is similar to traditional
911 service but has some important differences and limitations when compared with
enhanced 911 service (E911) available in most locations in conjunction with traditional
telephone service. With both traditional 911 and E911 service, your call is sent
directly to the nearest emergency response centre. In addition, with E911 service,
your call back number and address are visible to the emergency response centre call-taker.
With ViaNetTV's 911 service, your call is sent to a national emergency call centre.
The call centre operator will request or confirm your location information and then
transfer your 911 call to the emergency response centre nearest your location. You
should be prepared to provide or confirm your address and call-back number with
the operator. If you use a SoftPhone, your 911 calls will be routed to the national
emergency response centre, however, emergency personnel do not receive your phone
number or physical location information. Do not hang up unless told directly to
do so and if disconnected, you should dial 911 again.
1.2 Registration of Physical Location Required. You should ensure your location
information, when registered with ViaNetTV Inc., is kept current at all times. In
case you are not able to speak during the 911 call, the call taker would dispatch
emergency response vehicles to your last registered address. You need to update
your 911 Dialing information if you move your device to a different location and/or
if you add a new line to your account. Regardless of what address you register for
a SoftPhone, the national emergency response centre does not receive your phone
number or physical location information when you place a 911 call. Your 911 Dialing
service is activated when you subscribe to ViaNetTV Inc. service.
1.3 Service Outages. 911 Dialing service will not function in the event of a power
or broadband outage or if your broadband, ISP or ViaNetTV Inc. a service is suspended
or disconnected. Following a power failure or disruption, you may need to reset
or reconfigure your Device prior to utilizing the service, including 911 Dialing.
1.4 Re-Registration Required if You Change Your Number or Add or Port New Numbers.
You must successfully register your location of use for each changed, newly added
or newly ported number in order for 911 Dialing to function as intended. Regardless
of what address you register for a SoftPhone, the national emergency response centre
does not receive your phone number or physical location information when you place
a 911 call.
1.5 Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls.
There may be a greater possibility of network congestion and/or reduced speed in
the routing of a 911 Dialing call made utilizing the Service as compared to traditional
911 Dialing over traditional public telephone networks.
1.6 Conveying Limitations to other household residents and guests. You should inform
any household residents, guests and other persons who may be present at the physical
location where you utilize the ViaNetTV Inc. service, of the important differences
in and limitations of VoIP 911 Dialing service as compared with E911 service, as
set out above.
1.7 Disclaimer of Liability and Indemnification. We do not have any control over
whether, or the manner in which, calls using our 911 Dialing service are answered
or addressed by any local emergency response centre. We disclaim all responsibility
for the conduct of local emergency response centres and the national emergency calling
centre. We rely on third parties to assist us in routing 911 Dialing calls to local
emergency response centres and to a national emergency calling centre. We disclaim
any and all liability or responsibility in the event such third party data used
to route calls is incorrect or yields an erroneous result. Neither ViaNetTV Inc.
nor its officers or employees may be held liable for any claim, damage, or loss,
and you hereby waive any and all such claims or causes of action, arising from or
relating to our 911 Dialing service unless such claims or causes of action arose
from our gross negligence, recklessness or willful misconduct. You shall defend,
indemnify, and hold harmless ViaNetTV Inc, its officers, directors, employees, affiliates
and agents and any other service provider who furnishes services to you in connection
the Service, from any and all claims, losses, damages, fines, penalties, costs and
expenses (including, without limitation, legal fees and expenses) by, or on behalf
of, you or any third party relating to the absence, failure or outage of the Service,
including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability
of any user of the Service to be able to use 911 Dialing or access emergency service
personnel.
1.8 Alternate 911 Arrangements. If you are not comfortable with the limitations
of the 911 Dialing service, you should consider having an alternate means of accessing
traditional 911 or E911 services or disconnecting the Service.
Auto Downgrades
Any client that is on a term larger then 1 month and has outstanding invoices will
be automatically downgraded to the month to month term. This means that if you normally
pay anually and your credit card fails we will automatically start to bill you month
to month on the montly rate. If you wish to cancel please e-mail
billing@ViaNetTV.com and request cancelation.
Changes notwithstanding, the terms and conditions as published upon the date of
signing of this agreement shall apply through the initial term. The terms and conditions
as published upon each extension of this agreement shall be applied through the
term of the extension.
ViaNetTV Inc. shall not be responsible or liable for direct of consequential damages
caused by acts of government, insurrection, riot, civil disturbance, outages suffered
by electric utilities, or outages suffered by RPOAs or intermediary private networks
over whose facilities Customer Web traffic is carried to and from the Web Server
provided by ViaNetTV Inc.
Even if ViaNetTV were to be found to be negligent or at fault, ViaNetTV Inc. shall
not be liable for more than a refund of the monies paid by Customer to ViaNetTV.
ViaNetTV makes no representation as to the merchantability or fitness for any purpose
of the Phone or DSl service and ancillary derive to be provided to customer.
Customer agrees to comply with all applicable governmental laws in their use of
their service and ancillary services provided by ViaNetTV Inc., and, in the event
of any non-compliance, agrees to hold harmless ViaNetTV and its personnel and contractors
from the consequence of such non-compliance.
If any action in law or equity is instituted by either party hereto with respect
to the subject matter of this agreement, the prevailing party shall be entitled
to recover, in addition to any other relief granted, reasonable attorney's fees,
legal costs, and expenses reasonably incurred.
This is the entire agreement. It may not be changed orally. Any waiver, alteration,
or modification of any of the provisions of this agreement will not be valid unless
in writing signed by both parties.
Billing. All terms are due up front. If you sign up for the lowest rate then
you are likely on the 1 year term. You will be billed the entire term up front and
then billed on a yearly basis.
All credit cards are billed automatically on there renewal dates. If you do not
want to renew your account please cancel the account on or before the renewal date.
Cancellations must be done by e-mail and sent to
accounting@ViaNetTV.com or billing@ViaNetTV.com.
Please make sure you obtain the cancellation ID or ticket number for your request
to confirm cancellation of service.
Promo Codes. Promo codes are only applicable for the first term. After the
initial term is over the accounts will auto renew at the regular rate. If you wish
to cancel please do so by contacting billing@ViaNetTV.com.
Please note that any customer that has already used the promo code once will not
be able to sign up using the promo code again. Any client who attempts to cancel
service and initiate again to obtain the promo price will be refused.
Furthermore, promo prices are only applicable once per household. Any attempt to
place orders with a different name at an address previously supplied with service
will also be denied.
Disclosure. We may disclose the personal information of the client such as the client's
identity and the clients address and phone numbers and related information without
the knowledge or consent of the client when
a) we are required to comply with a subpoena or warrant issued or an order made
by a court, person or body with jurisdiction to compel the production of information,
or
b) to comply with rules of court relating to the production of records; or c) made
to a government institution or part of a government institution that has made a
request for the information, identified its lawful authority to obtain the information
and indicated that
(i) it suspects that the information relates to national security, the defence of
Canada or the conduct of international affairs,
(ii) the disclosure is requested for the purpose of enforcing any law of Canada,
a province or a foreign jurisdiction, carrying out an investigation relating to
the enforcement of any such law or gathering intelligence for the purpose of enforcing
any such law, or
(iii) the disclosure is requested for the purpose of administering any law of Canada
or a province;
10 Days Money Back . If you are not satisfied with our service for any reason within
the first 10 days, ViaNetTV will provide a full refund less any usage incurred through
long distance charges and installation fees. After the initial 10 days period a
customer must complete the remainder of the term. Customer(s) may choose to cancel
the account prior to the end of term, however, no refund will be issued for that
period. ViaNetTV Inc. understands that due to the nature of our technology and affiliations
with other partners, issues can occur which are out of our control. In such cases
ViaNetTV Billing department may choose at our sole discretion to grant refunds on
a case by case basis. Furthermore the 10 days unconditional money back guarantee
does not apply for renewals. Customers must terminate the agreement before or on
the renewal date. Should a client forget to terminate before the renewal date, clients
will be required to pay each additional month of service ( at the monthly rate )
and the remainder will be refunded.
2.0 SERVICE
2.01 Type of Services
The Terms contained herein apply to all the Services which Subscriber may subscribe
from ViaNetTV, including, for: (i) fixed fee or bundled services (collectively,
the "Unlimited Programs" or individually an "Unlimited Program"); (ii) pay for use
regular long distance calling plans to countries designated by ViaNetTV from time
to time other than those countries which Subscriber has already subscribed for as
part of the Unlimited Programs (the "Standard Program "); (iii) Internet Voice Over
IP local phone service (Home Phone); (iv) IPTV channels/services including streamed
channels and Video on Demand services in fixed price terms or bundled fix price
(collectively IP TV), (v) fixed fee and bundled DSL internet services. Subscriber
may use the Services provided by ViaNetTV provided that Subscriber does so in compliance
with all applicable laws and the terms herein. Subscriber acknowledges that he/she
is the person authorized to subscribe for the Services. The Services may only be
used by Subscriber and all persons having the Subscriber's permission to use the
Services. Subscriber may only use the Services for personal use and in direct meaning
of the services (i.e. home phone for home use, home DSL for residential high speed
internet, IPTV for personal use, etc).
2.02 Charges, Billing and Payment
Subscriber is responsible for paying all charges, plus all applicable taxes thereon,
for the Services subscribed for from ViaNetTV (which charges are subject to change
from time to time at the sole discretion of ViaNetTV without notice to Subscriber).
NSF and all refused payments shall incur a $25 administrative fee per occurrence.
Credit Card charge-backs will incur a $50 administration. ViaNetTV reserves the
right to charge a 25% administrative fee for all accounts remitted to collections.
Calls to mobile phones in some overseas destinations are billed at higher rates.
Rates are listed on our website. Your rates may be different based on your package.
2.03 Charges will commence as of the activation date of the Service(s).
Subscriber must pay for the charges of Services by either credit card by providing
ViaNetTV with Subscriber's credit card number upon subscribing for the Service or
Pre-Authorized cheque payment by providing ViaNetTV with the appropriate banking
information; Subscriber authorizes ViaNetTV to make such charges against such credit
card or bank account to satisfy all charges for the Services. ViaNetTV will charge
Subscriber's credit card or bank account for charges for the Unlimited Program or
any other package in advance commencing on the date of activation of the Services
(pro rata for the remaining days in such month) and thereafter, amount equal to
1 month payment for all packages purchased by Subscriber will be taken from Subscriber's
credit card during period from the first day of the month of service till the last
day of the month of service, on a monthly basis or as stipulated by ViaNetTV. Payment
for Standard Services shall be made on the first day of each month for the Standard
Services used in the preceding month. ViaNetTV at its sole discretion may elect
to change billing dates. Call increments may vary depending on destination and length
of call. Subscriber must bring payment inquiries and disputes to ViaNetTV's attention
within 10 days after the charge for the Services have been paid or Subscriber will
be deemed to have accepted such charges as accurate in all respects. You also agree
to make all your payments by pre-authorized credit card payment with the card number
you gave ViaNetTV during the activation process unless you have enrolled for billing
services in which case payment is due upon receipt of invoice.
2.04 Credit and Security Deposits
ViaNetTV reserves the right to examine Subscriber's credit record before activating
the Services. Should ViaNetTV at any time consider a prepaid credit deposit to be
insufficient, a further credit deposit may be required before it provides, continues,
or reinstates the Services to Subscriber. ViaNetTV will determine, at its discretion,
how Subscriber's deposit or other security will be allocated to satisfy outstanding
amounts owed by Subscriber to ViaNetTV. By subscribing to the Services, Subscriber
authorizes ViaNetTV to investigate Subscriber's credit worthiness, exchange credit
information with credit reporting agencies on an ongoing basis and agree from time
to time, to provide appropriate authorizations and financial information as ViaNetTV
may reasonably request for this purpose. All deposits or other prepayments made
by a Subscriber in connection with the Services will earn no interest.
2.05 Contract Term and MSF Rate Guarantee
ViaNetTV services are sold on the following basis and may be subject to ECF detailed
in section 2.9.
(a) Home Phone Term Contracts: 1-year, 2 year, and 3-year contracts. ECF will apply.
The contract term length can be identified by the subscriber on the invoice for
services with a 1YR, 2YR, or 3YR designation. The Term of the contract shall also
serve as a rate guarantee to the Subscriber whereby his Monthly Service Fee (MSF)
cannot be increased by ViaNetTV for the entire term.
(b) Home Phone No Contract: Subscriber may cancel service without ECF. ViaNetTV
may increase rates at any time by providing Subscriber with 30 days notification.
(c) Home Phone Pre-paid: This service is sold as a bundle that includes service
for a specific period of time. (Eg. $150 paid in advance, for 12 months of local
phone service) Unless specifically advised by the Subscriber prior to the anniversary
date, On each activation anniversary, Home Phone Pre-Paid is automatically renewed
and the Subscriber will be charged once again. There are no refunds for any unused
months for pre-paid service.
(d) Long Distance Service Contracts: Term contracts are subject to ECF.
2.05 ViaNetTV's Right to Refuse to Provide Services
(a) Subscriber owes amounts to ViaNetTV that are past due;
(b) Subscriber does not provide a security deposit or satisfy alternate security
measures when requested by ViaNetTV;
(c) ViaNetTV has terminated the Services to the Subscriber in the past; and
(d) ViaNetTV does not provide the requested Services to the country(s) desired by
Subscriber.
2.06 Services Interruption
(a) ViaNetTV may interrupt the Services to the Subscriber at any time for any duration
of time, without any notice or liability, in order to install, inspect, repair,
replace or to perform necessary maintenance on the telecommunications equipment,
facilities or network, or for other technical reasons as may be required.
ViaNetTV service is provided to the Subscriber on a best-efforts basis. Subscriber
acknowledges that Home Phone VoIP, IPTV service requires high-speed internet connectivity.
Poor or lack of internet connectivity, power failure, computer viruses and the like
(Connectivity Issues) will cause service interruption and or failure of the service
to function. It is the responsibility of the Subscriber to remedy these Connectivity
Issues.
(b) ViaNetTV is not liable for:
(i) any disruption or unavailability of the Services;
(ii) any act or omission of any third party (including any other local telephone
company, any connecting carrier or underlying carrier or other provider of connections,
facilities, or Services);
(iii) Subscriber's conduct, acts or omissions, or the operation or failure of Subscriber's
equipment or facilities;(iv) any event beyond the reasonable control of ViaNetTV
including acts of God, inclement weather including lightning, labour disputes, riots
or civil disputes, war or armed conflict, any law, governmental order, decision
or regulation, or order of any court of competent jurisdiction; and (v) its failure,
for any reason, to activate the Services on the activation date Subscriber requested;(vi)
any charges by third parties including other telephone companies or wireless carriers
for services they may have rendered in lieu of ViaNetTV service.
Subscriber agrees to indemnify and hold harmless ViaNetTV against all claims, including
fees and expenses of counsel, resulting from Subscriber's use (or the use by others
with Subscriber's explicit or implicit consent) of the Services, Subscriber's codes,
facilities or equipment, which causes direct or indirect damage or harm to another
party or to the property of another.
2.07 Suspension or Termination of Services by ViaNetTV
(a) Without incurring any liability whatsoever, ViaNetTV may suspend or terminate
any or all of the Services for any reason whatsoever, including, without limitation,
where Subscriber:
(i) fails to pay an account that is past due, or Subscriber provides payment by
cheque or credit card which is not honoured by Subscriber's bank;
(ii) fails to provide interim payments when requested by ViaNetTV;
(iii) fails to provide or maintain a reasonable deposit or alternate security when
requested to do so by ViaNetTV;
(iv) fails to meet ViaNetTV's credit requirements, or Subscriber becomes bankrupt
or otherwise insolvent;
(v) fails to comply with the terms of a deferred payment or credit agreement with
ViaNetTV;
(vi) violates any provision of these Terms;
(vii) uses or permits others to use the Services for a purpose or in a manner that
is contrary to law; or for the purpose of making harassing, threatening, abusive,
annoying or offensive calls;
(viii) charges or allow others to charge any other person for the use of the Services
without ViaNetTV's prior written agreement;
(ix) harasses, threatens or otherwise act unreasonably towards ViaNetTV, its employees
or agents, or in relation to the Services;
(x) alters or otherwise interferes with ViaNetTV's facilities or equipment, or fail
to replace or modify equipment or facilities which may harm, damage, interfere or
pose a danger to others, the Services, or ViaNetTV's equipment, facilities or network;
or
(xi) fails to provide payment for other accounts with ViaNetTV, including amounts
owed by Subscriber as a guarantor for the account of another;
(xii) uses or permits others to use the Services for resell
(xiii) Abuses the network with excessive usage as may be determined by ViaNetTV.
Excessive usage shall be determined solely by ViaNetTV
(xiv) uses or permits others to use the service for commercial or business use.
(b) A suspension or termination will not affect Subscriber's obligation to pay any
amounts owed to ViaNetTV either during or after the suspension or termination. If
termination occurs during a contract period, Subscriber will be charged for all
usage plus the contract obligations. Should reactivation of services be required,
ViaNetTV will levy a reconnection fee of $25.
(c) Where the Services are cancelled, either by Subscriber or by ViaNetTV as provided
herein, and there is an undisputed credit balance on Subscriber's account, Subscriber
may require that it be refunded to Subscriber and ViaNetTV reserves the right to
charge a reasonable processing fee in connection with issuing refunds.
2.08 Subscriber's Right to Terminate Services and Early Cancellation
(a) Term Contracts: All ViaNetTV Contacts renew automatically upon their expiration
with exactly the same terms used by subscriber before unless specifically advised
otherwise by the Subscriber. The Subscriber is responsible for early cancellation
fees (ECF) of their contract period that are equal to the discount between flat
monthly service and term discount. The contract start date shall be the date that
the Subscriber enrolled for ViaNetTV Services. In order to prevent the Contract
from renewing automatically the Subscriber must formally and personally request
cancellation at least thirty days prior to the expiration date. Third party termination
requests are not approved.
(b) No-Contract: Subscribers enrolled in a month-to-month package shall only be
liable for the charges used up to one month after their cancellation date. In addition
the Subscriber will be responsible for all charges for the Standard Service incurred
up to the effective cancellation date. Subscriber must formally and personally request
cancellation at least thirty days prior to the expiration date. Third party termination
requests are not approved.
(c) Subscriber acknowledges that ViaNetTV Services are provided on a best-efforts
basis and lack of service or poor quality is not grounds for contract termination.
Subscriber must allow ViaNetTV reasonable time to diagnose and correct the it's
problem. If the problem cannot be corrected within thirty-days form the initial
report by the Subscriber, Subscriber may elect to terminate his contract without
penalty or liability providing ViaNetTV with written notice of his intent to cancel.
Where ViaNetTV has determined that the problem is not the fault of ViaNetTV but
rather with Subscriber, his equipment, internet, phone lines, connectivity and the
like, that are not under the control of ViaNetTV; in this case Subscribers wishing
to still cancel will be responsible for ECF.
2.09 International Boundaries & Rate Variations
Calls to some countries may have higher rates due to international boundary and
sovereignty disputes. Rates will be determined based on the area code being dialed
and not the Country label.
3.0 Changes, and Modifications of the Services.
Without incurring liability, ViaNetTV may at any time and without notice to Subscriber,
change, modify or terminate the Services, in whole or in part (including the rates
or charges). In the event of any such change or modification, Subscriber will be
responsible for paying all charges incurred for the use of the Services despite
the change or modification, both before and after the date thereof.
3.01 Subscriber Confidentiality and Privacy
Before you begin to use our services, you will be asked to register to become a
member. To complete the registration, you will need to give us some information
about yourself including but not limited to your name, Email address, zip code,
postal code, age, and occupation. ViaNetTV is collecting this information and we
retain ownership of it.
3.02 Use of Information
ViaNetTV believes that knowing more about you will enable us to serve you better.
It allows us to personalize the content and services we offer you. Information that
you provide to ViaNetTV is kept confidential. Your information is for the use of
ViaNetTV and its subsidiaries. It is not shared with any other third party.
3.03 Rate Changes
ViaNetTV reserves the unilateral right to change, modify, increase, decrease, or
add surcharges, connection fees as may be required from time to time.
3.04 Promotions
ViaNetTV may at its sole discretion promote ViaNetTV services from time to time
through a variety of media channels. This may include free services for a specific
period of time (promotional period). After the promotional period the Subscriber
will be billed for services automatically. Subscriber must call ViaNetTV Subscriber
Service before the promotional period has elapsed and request to cancel future service.
All cancellations must be verbal to Subscriber Service.
3.05 Service Abuse
You agree that your account may be monitored for use to determine abuse, residential,
business, fraudulent, or use that undermines ViaNetTV operations in any way. Based
on its determination ViaNetTV may deactivate service immediately without notice
or liability. The example is service plans marketed as Unlimited"; these plans are
monitored for abuse that may hinder services to other Subscribers; IPTV services
being monitored for re-broadcasting or re-selling activities considered by ViaNetTV
as unlawful. Unlimited IPTV, phone and DSL services are not to be used for telemarketing,
or broadcasting of any kind.
3.06 Equipment Returns
Some ViaNetTV services like Home Phone require equipment to be shipped (Telephone
Adapter) from ViaNetTV to the subscriber for use with the service. The following
terms apply to Equipment Returns where applicable:
(a) All equipment that must be returned to ViaNetTV for any reason must be at Subscribers'
expense. ViaNetTV will not accept collect packages or pay to have packages picked
up. All returned equipment must be returned to ViaNetTV in perfect resalable condition
in its original packaging. Equipment returned in less than perfect condition, will
be charged for refurbishing.
(b) Replacement: If the equipment is deemed defective by ViaNetTV, and new equipment
is shipped to the Subscriber, the Subscriber is responsible at his own expense for
the safe return of the defective unit to ViaNetTV in good physical condition at
the address indicated by ViaNetTV representatives. All returned equipment must be
accompanied with a note inside the packaging with the RA number (Return Authorization).
Equipment without an RA will not be processed by ViaNetTV.
(c) Cancellation: Upon cancellation of ViaNetTV services, the Subscriber is responsible
at his own expense for the safe return of the equipment to ViaNetTV in re-sellable
condition at the address indicated by ViaNetTV representatives. All returned equipment
must be accompanied with a note inside the packaging with the RA number (Return
Authorization). If applicable, ViaNetTV will issue the refund within six weeks from
the equipment return date (Date in which the equipment arrived at the ViaNetTV warehouse
and a proof of delivery by signature can be established). Equipment without an RA
will not be processed by ViaNetTV.
(d) Fees: Equipment not returned within 30 days of RA issue date or equipment with
physical damage or missing components are subject to a replacement fee of no less
than $50 and any applicable refunds will not apply. ViaNetTV reserves the unilateral
right to issue partial refunds when equipment is missing minor items such as cables,
power supplies, manuals, packaging etc.
(e) ViaNetTV Mobile devices are non-refundable.
(f) Home Phone Pre-paid may only be returned for refund within 30 days from the
date of purchase and must have less than 15 minutes of usage. Returns are subject
to a $25 restocking fee.
3.07 Equipment Warranty
Unless an Extended Warranty is purchased all equipment that you receive from ViaNetTV
carries a one (1) year manufacturer's warranty. Extended Warranty coverage commences
30 days after purchase of the warranty.
3.08 Telephone numbers
If you were assigned a telephone number from ViaNetTV, this number may at ViaNetTV
sole and absolute discretion and subject to applicable law be assigned to another
Subscriber. Transferring phone numbers to ViaNetTV (LNP) is possible only in ViaNetTV
serving territory. If you decide to LNP your existing phone number to ViaNetTV from
another telephone provider; it is possible that your service will be interrupted
in certain circumstances while the transfer is in process. Specific LNP instructions
are listed in the LNP web page under "My Account". To transfer any number to another
company (Reverse LNP) will incur an administration fee of $50 per number.
3.09 No Directory Listing.
ViaNetTV does not automatically provide directory listings. Directory listings may
be available in select serving area and by request only.
4.0 Service Incompatibility.
Home Security Systems. The Home Phone service may not be compatible with home security
systems. You may be required to maintain a telephone connection through your local
exchange carrier in order to use any alarm monitoring functions for any security
system installed in your home or business. You are responsible for contacting the
alarm monitoring company to test the compatibility of any alarm monitoring or security
system with your Home Phone service.
Fax Machines. The Home Phone service can work with most fax machines, however due
to various machine configurations, internet connectivity and bandwidth fluctuations,
faxing using your fax machine and your Home Phone service is provided an best-efforts
basis and ViaNetTV assumes no liability whatsoever and provides guarantee that faxing
will work.
The Home Phone dial tone comes out of "line 1" and "line 2" on the back of the Telephone
Adapter. In most cases you will connect a telephone to the back of the Telephone
Adapter. You can also however connect the Telephone Adapter "line 1" or "line 2"
to any available telephone jack in the home. This setup MIGHT work and is not supported
by ViaNetTV Technical Support department because of the many variables.
4.01 Rate Guarantee
ViaNetTV will match or beat any advertised long distance rate for like services.
Subscriber must contact ViaNetTV to notify them of the competitor rate and ViaNetTV
shall confirm such, prior to adjusting Subscriber's rate. The rate guarantee does
not apply to pre-paid calling cards, bundled minute plans and select regions of
the world including occupied territories and disputed lands.
4.02 General Terms
(a) Enurement/Assignment. These Terms are binding upon and shall ensure to the benefit
of the parties and their respective successors, heirs, executors, administrators,
personal representatives and permitted assigns; provided, however, that Subscriber
shall not assign or transfer its rights or obligations under these Terms without
the prior written consent of ViaNetTV.
(b) Notices. Notices shall be in writing and delivered by personal delivery or certified
or registered mail to the last address provided by Subscriber.
(c) Unenforceable Provisions. If any part of these Terms shall be invalid or not
enforceable under applicable law, such part shall be ineffective to the extent of
such invalidity or unenforceable part only, without in any way affecting the remaining
parts of these Terms.
(d) Governing Law. These Terms and the rights and obligations of the parties hereunder
shall be governed by, and construed in accordance with, the laws of the province
of Ontario, and the federal laws of Canada applicable in such province.
(e) Entire Agreement. These Terms set forth the entire agreement between the parties
with respect to the subject matter hereof and supersedes and replaces all previous
discussions, negotiations and agreements.
(f) French. Subscriber confirms that it wishes to have these Terms written in English
only. Les parties aux presents confirment leur volonté que la Convention relative
aux services de voix soit rédigée en langue anglaise seulement.
Auto Disconnects . Due to internet stability some calls never end up terminating
after a call has been hung up thus the client keeps getting billed. To help prevent
incorrect billing we have set an absolute timeout of 1 hour and 30 minutes. Your
calls will auto disconnect if you are on the phone past that time period. You can
dial the number again and stay on the phone for another period of time equal to
the first.
Disclaimer
ViaNetTV Inc.cannot be held liable for system downtime, crashes, or data loss. We
cannot be held liable for any predicted estimate of profits in which a client would
have gained if their service was functioning. Thus, certain equipment, routing,
software, and programming used by ViaNetTV Inc. are not directly owned and written
by ViaNetTV Inc.. Moreover, ViaNetTV Inc.holds no responsibility for the use of
our clients accounts. If any terms or conditions are failed to be followed, the
account in question will be automatically deactivated. We reserve the right to remove
any account without advanced notice for any reason without restitution as ViaNetTV
Inc.sees fit.
Prohibited Uses
* Unlawful
* Call Centers
* Auto-dialing
* Continuous or extensive call forwarding
* Fax or voicemail broadcasting
* Telemarketing or Mass Solicitations
* Fax or voicemail blasting
* Continous Call Conferencing
* Spaming
Residential vs Business. Any client found to be a residential client and communicating
with more then 50 different phone numbers per month is considered a business client.
This does not mean that you cannot place/receive more then 50 calls, it simply means
that you can not communicate with more then 50 completely different numbers unless
you are a business client. Any client found to be considered business and communicating
with more then 250 completely different numbers is also prohibited.
In addition. If a client is found to be breaching any of the above uses the client
or company is fully responsible for all monetary damages done to ViaNetTV Inc due
to such actions..
Suspension of Service. The Company reserves the right to suspend the Service, in
whole or in part, including any features, at any time in the Company's sole and
absolute discretion. If the Company determines that the suspension of the Service
is without fault of the Customer, then the Customer may request a credit of the
monthly charges for each day the Service was not in effect
Furthermore: ViaNetTV Inc. retains the right to change any or all of the above Policies,
Guidelines, and Disclaimers without notification. ViaNetTV Inc. reserves the right
to terminate or discontinue the Service at any time, for any reason or for no reason,
in the Company's sole and absolute discretion. If the Company discontinues or terminates
the Service without fault of the Customer, the Customer will only be responsible
for usage charges accrued while the Service was in effect and the Customer will
be entitled to a credit for the unused portion of the final month's charges.
This agreement shall be governed by the laws of the province of Ontario, Canada,
and in the event any litigation must be initiated to reinforced the terms of this
agreement, said legal action must be brought in the courts of the Province of Ontario.