Telephony Usage Conditions

GENERAL USE OF TELEPHONE SERVICES CONDITIONS
 
These Terms of Service constitute the agreement ("Agreement") between Somi-t ("We", "us", "Somitcom" or "Somi-t") and the user ("you", "user "," customer ") of Somi-t residential or corporations and all products, services or VoIP application via the Web (" Service "). This Agreement governs both the function and all devices, such as IP phones, analog telephone adapter or device for connection to other IP devices ("equipment" or "materials"), used in conjunction with the Service. If you bought the equipment from a retail store, dealer or service provider other than Somi-t, you are a "retail client" for purposes of this Agreement.
 
 
1.  MONTHLY TERM
 
Service is offered on a monthly basis for a period starting on the date we activate your service. Billing cycles are from the 1st of the month until the end of that month. Payment is due under the conditions mentioned on the invoice and the client gives permission to Somi-t to charge the customer's credit card for all sums due.
 
 
2.  RESIDENTIAL USAGE
 
The Service should not be used for any type of auto dialer, predictive dialer, mass fax broadcasting or any bulk activity on the gray market. We reserve the right to disconnect any account if we determine, at our sole discretion, that your use of the service or the device is, or at any time was, inconsistent with its residential use habits. Any activity that we determine, at our sole discretion being other than residential use, will automatically and retroactively be converted to a business account and all fees will be due upon receipt of invoice.
 
 
3.  ENTERPRISE USAGE
 
The Service should not be used for any type of auto dialer, predictive dialer, mass fax broadcasting or any bulk activity on the gray market. We reserve the right to disconnect any account if we determine, at our sole discretion, that your use of the service or the device is, or at any time was, inconsistent with normal use in said company.
 
 
4. USE OF THE SERVICE AND DEVICE OUTSIDE OF CANADA
 
Although we encourage you to use the service to make calls everywhere in Canada, we do not currently offer or support function in all countries other than Canada. If you use the service or devices outside of Canada, you will be solely responsible for any violations of local laws and regulations resulting from such use.
 
Our free communication service included in the basic package "FREE CALLS IN CANADA & USA" does not apply to the following geographical regions: the Northwest Territories, Nunavut, Yukon, Labrador, Arkansas, Alaska and Hawaii. This list may change without notice.
 
 
5.  NUMBER TRANSFER ON DISCONNECTION OF SERVICES
 
Upon disconnection of service, we may, at our sole and absolute discretion, subject to applicable laws, give your new service provider the telephone number that you transfer (or move) with us from your old service provider and used in connection with your service if: 
  • This new service provider is able to accept this number;
  • Your account has been successfully completed (terminated service); 
  • Your account is completely current, including payment for all parties; 
  • You request a transfer when disconnecting your account.
In case the client already has a contract with a service provider, it is his responsibility to know the date and conditions of renewal to prevent automatic renewal of the contract where he will have to pay a disconnection fee or penalty fee. Under no circumstances, Somi-t can not be held responsible for the costs of disconnection or disruption or renewal of the customer actual service provider. To make the portability of your existing phone numbers, you will need to complete the following forms:
 
6.  INCOMPATIBILITY WITH OTHER SERVICES
 
6.1  Home security systems
 
The Service may not be compatible with security systems. You may be required to maintain a telephone connection through your local business services in order to use all functions of alarm monitoring 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 the Service.
 
6.2  Internet Service provider by cable modem and broadband 
 
You acknowledge that the Service may be that Internet service providers ("Internet Service Provider" ISP) with which it can be considered incompatible. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not guarantee that services will be compatible with all broadband services and expressly disclaim any warranty, express or implied, or conditions as to the compatibility of the service with a broadband service in particular.
 
6.3  Third-party solutions of software and equipment
 
You acknowledge that the Service may or may not currently be compatible with third-party software solutions and other Web applications not listed on our website. Any support for these connections will be charged at the current rate.
 
 
7.  TAXES
 
You are responsible for all federal sales, provincial, municipal, local or other governmental organizations, use, excise, value added, personal property, public utility, goods and services, harmonized taxes or other fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the service or device. These amounts are payable in addition to the payment for the Service or devices and will be billed to your credit card as set forth in this Agreement. If you are exempt from paying these taxes, you must provide a certificate of origin that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from the date of receipt of this certificate.
 
8.  EMERGENCY SERVICE e911
 
All Canadian calls to the National 911 call center are answered by a dispatcher who will access the 911 Somitcom database to pull the location as well as verbally ask the caller for their location before transferring the call to the caller's PSAP (Public-Safety Answering Point) verbally giving the PSAP the location and then connecting the caller. Due to recent pursuant Federal Communications Commission (FCC) rulings and regulations, all customers who are using Somi-t services as their primary residential or business telephone carrier must activate 911 Emergency Services on at least one of their DIDs.
 
We disclaim any obligation or liability in the event such third party data used to route calls is incorrect or give an incorrect result . Nor Somi-t nor its affiliates, partners, officers, directors, employees can not be held responsible for any claim, damage or loss, and you hereby waive any claim or cause of action arising out of or related to the dialing service 9-1-1 unless such claims or causes of action have arisen from our gross negligence, recklessness or willful misconduct. You must defend, indemnify and hold harmless Somi-t, its officers, directors, employees, affiliates, agents, partners and any other service provider who provides a service in the service of all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees) by, or on behalf of, you or any third party relating to the absence, failure or interruption of service, including service 9-1-1, incorrectly routed 9-1-1 calls , and / or the inability of any user of the service to be able to use 9-1-1 dialing or access personnel emergency services.
 
 
9. DISCLAIMER OF LIABILITY FOR DAMAGES
 
IN NO EVENT SOMI-T, its OFFICERS, DIRECTORS , EMPLOYEES, AFFILIATES, AGENTS or  any other service that provides you with SERVICES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, FAULT, DAMAGES, LOSS OF DATA, LOSS OF PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, including inability to access personnel emergency service through 9-1-1 or get EMERGENCY help. LIMITATIONS set forth herein apply to claims founded in BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, product liability (INCLUDING NEGLIGENCE), intellectual property, STRICT responsibility, fundamental breach, VIOLATION OF ESSENTIAL AND ALL OTHER LIABILITY THEORIES AND APPLICATION OR NOT we been informed of the likelihood of specific types of damage.
 
 
10.  EXEMPTION OF WARRANTIES ON SERVICE
 
To the extent permitted by applicable law, WE DO NOT PROVIDE ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, reasonably acceptable quality, fitness of DEVICE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, OR TRANSACTION OF PERFORMANCE OR ANY WARRANTY OR CONDITION THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITATION stated above, we do not give warranty or condition that SERVICE OR DEVICE will be without failure, delay, interruption, error, and degradation of voice quality, OR LOSS OF CONTENT, DATA OR INFORMATION. NOR SOMI-T, its OFFICERS, DIRECTORS , EMPLOYEES, AFFILIATES, AGENTS or any other provider or supplier that provides services devices or products to customers in relation to THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ACCESS UNAUTHORIZED TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES OF YOUR PROPERTY 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 another method, REGARDLESS if damaged UPON SOMI-T OR its service provider or neglect sellers. Statements and descriptions concerning the Service or DEVICE, if any, SOMI-T OR SOMI-T AGENTS or installers are informational and are not given as WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER.
 
 
11.  BINDING MEDIATION AND NO TRIAL BY JURY
 
Except to the extent contrary to applicable law, any dispute or claim between you, a member of your household or any guest or employee of you and us arising out of or relating to the function or device shall be resolved by mediation before an unique professional and accredited mediator of our choosing. The mediation shall take place in Laval, Quebec and is conducted in French. The mediator's decision will follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no mediator has the power to grant relief (i) in excess of what this Agreement provides, or damages (ii) punitive or exemplary. Judgment upon the award rendered by the mediators may be entered in any court having jurisdiction. ANY CLAIM OR ACTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE action arose or be forever barred, except to the extent such restriction is prohibited by applicable law. Any claim shall be analysed and treated individually. Except to the extent contrary to applicable law, you must not do, or join a class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. This mediation clause constitutes a waiver of any right to a jury trial and AN AGREEMENT subject to the jurisdiction and arbitration in QUEBEC.
 
Rev. August 2014