Terms of Services
The following terms, conditions and limitations are essential elements of the services provided by Ezeetel Inc., and constitute the agreement between Ezeetel Inc. (“Ezeetel,” “we,” “us”) and the undersigned customer (“Customer,” “You,” “user,” “subscriber”). By subscribing to this service, You acknowledge that You have read, understood and agreed to the following terms, conditions, and limitations set forth in this agreement.
This Agreement governs the provision of and use of specific services provided by Ezeetel to The Customer, as described in the service schedule(s) (“Service”) as well as any hardware, equipment or devices provided by Ezeetel in connection with the Service (“Hardware”).
These Terms of Service, outlined in the agreement, may be changed and updated from time to time by Ezeetel. Ezeetel will post updated terms of Service on its website (www.Ezeetel.com) 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.
- Ezeetel may use commercially acceptable efforts to provide the Service to You and reduce the interruptions to your access and use of the service.
- The Terms contained herein apply to all Ezeetel Services including but not limited to:
(i)Ezeetel offers the services including fixed monthly amount, long distance bundle plans for residential and business. The service applies only from the issued phone number by Ezeetel and to the specific listed locations by Ezeetel.
(ii)You will pay the fixed cost for the plans you have subscribed. You will pay the regular amount to make calls to the countries that are not included in unlimited plans.
(iii)You may use the services offered by Ezeetel including but not limited to: Hosted PBX, Softphone Hosted PBX, EzeeFax, Business Lines, and more, all by not violating the law.
(iv)All Ezeetel subscriptions are billed monthly and payments are withdrawn automatically via credit card information provided at the time the order is placed.
- You agree that You are the person legally empowered to subscribe the services offered by Ezeetel. The customer may not use the voice services for other data transmissions such as internet connections or fax without written permission from Ezeetel.
- Term: The Service is offered on a monthly basis for a term that begins on the earlier of the date You activate Your account online or ten (10) days after the date Your account was created and ends on the day before the same date in the following month. This Agreement will automatically renew on a monthly basis, at Ezeetel then current rates and terms, without further action by You unless You provide Ezeetel with written notice of non-renewal not less than ten (10) days prior to the end of the monthly term in which the notice is given. You agree that You are purchasing the Service for full monthly terms, meaning that if You terminate the Service prior to the end of a monthly term, You will be responsible for the full month’s charges to the end of the then-current term, including without limitation unbilled charges, plus a disconnect fee (where applicable), all of which will be immediately due and payable and charged automatically on the provided credit card payment type. Upon expiry of the term or termination of the Service, You remain responsible for paying all unpaid and accrued charges due.
- The customer, You agree that for the fixed fees plans you can only use the services that are included in the plan. But the use of other services will be charged using regular rates by Ezeetel.
- If you want to transfer your services you agree throughout your service and give implied consent to Ezeetel to transfer your number to Ezeetel’s carrier partner when needed without any further consent from You. Ezeetel may transfer your phone number from another carrier to Ezeetel only when requested by You. Ezeetel may also transfer your number from Ezeetel to some other carrier only when requested by You.
Local Number Porting (LNP)
Our Phone number porting policy works with various third-party providers to port your phone number or toll-free number according to the regulations in U.S.A. and Canada. The third-party providers require accurate and original information when the port is requested. For porting process, the third-party providers may require your invoice(s) from the present service provider to facilitate the port. Ezeetel may e-mail the requirement to you and you are required to send the requested information.
If the customer wants to port a phone number or toll-free number to Ezeetel from another carrier your phone number must be active with other carrier. The customer may lose the existing phone number if services with the other carrier is cancelled prior to transferring the service to Ezeetel. As Ezeetel works with third-party service providers, there may be some telecom numbers that are not associated with third-party providers. Ezeetel cannot port those numbers that are not associated with third-party providers. In such instances, you may be informed via email or phone. For toll-free numbers we may require the original hand written signature LETTER OF AUTHORIZATION (LOA) and the latest invoice information from your current provider. This applies for business or residential numbers. Ezeetel will send Your LETTER OF AUTHORIZATION to your current service provide to seek the approval. Ezeetel may send you an email if your current provider needs any additional information regarding Your LETTER OF AUTHORIZATION. Your services will be ported as soon as Ezeetel receives the approval.
If you want to port your number that is associated with Ezeetel to another carrier then YOU MUST KEEP YOUR PHONE NUMBER ACTIVE with Ezeetel otherwise If your services are not deactivated before the confirmation of the ported number then Ezeetel cannot guarantee to put your phone number on hold for porting. Your new service provider will forward your request to Ezeetel to port your number out. Then Ezeetel will verify your account information. We request you to pay all your invoices before you request to port your phone number if you have not already done so. After the verification process Ezeetel will notify the other provider that your number may be ported.
2 USE OF SERVICE
You, the customer acknowledges that that only You will be responsible for any and all use of services related to Your accounts or Your Telephone Number. You accept that only You are liable for all usage pertaining to your account and that any unapproved use that is billed to Your account or Your phone number(s) is solely your responsibility. You acknowledge that you are solely responsible for deciding who is authorized to use the services associated with your account at your location. If you determine that there has been unauthorized use of your service at your location, You shall notify Ezeetel immediately of such breach.
You acknowledge to indemnify Ezeetel from any and all responsibility for any and all types of fees, charges, repair, cost, liability, loss, expenditures (including Legal Counsel Fess) related with such uses.
To use the services issued by Ezeetel, You, the subscriber to whom the services are provided will use the services in compliance with the applicable law. You agree that If You or any other person used the services issued to You in any illegal manner or in a manner that violates the services or official law, Ezeetel may dismiss the services immediately, without notifying you or without any duty towards YOU.
3 SERVICE PROVISIONS
Ezeetel operates as an independent provider licensed by the CRTC. The employees or workers or operators related with the other related firms are not and will not be assumed to be operators or employees Of Ezeetel. Ezeetel is solely determined to provide the service only where it is possible and commercially valid for Ezeetel. Ezeetel will have a preliminary inquiry to check If Ezeetel is available in Your specified location.
It is not desired for Ezeetel to provide the service when;
- You have outstanding payments due.
- If You, the customer will not provide the accurate credit information that is acceptable to Ezeetel or the feasible deposit, as requested by Ezeetel from time to time by usage figures and quantity. The amount of deposit you will give to Ezeetel will be calculated from the date on your official issued receipt. Deposit interest will be calculated from receipt date of deposit, based on the original deposit amount, at simple interest apportioned monthly based on the prime lending rate posted by the Bank of Canada less 2%. Ezeetel may provide partial services in requested current service areas at a comparatively higher cost than reflected on www.Ezeetel.com based on the location of the customers’ residence.
4 SERVICE LIMITATIONS
- You, the user, agree, acknowledge and understand that the Service is not a traditional telephone service. There is some difference in a traditional phone service and the service provided by Ezeetel that includes but is not limited to lack of traditional 911 services for the 911 services, See 911 services. These services may affect your right of redress before the CRTC.
- You recognize, acknowledge and agree that you will be solely responsible to use the Ezeetel services outside of the country where SERVICES are available but may not be legal to use. Ezeetel does not presently offer or support the Service to customers located outside of Canada. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to You. You acknowledge and agree that Ezeetel is not liable in this regard. Furthermore, Ezeetel reserves the right, at its sole discretion, to limit or terminate Your ability to access the Service from selected countries.
- Toll Charge Numbers: Ezeetel Services may not access certain special service phone numbers such as, without limitation, 900- and 976- numbers. Ezeetel reserves the right to limit Your ability to call any such numbers at its sole discretion.
- Service Interruption/Maintenance: You acknowledge and agree that Ezeetel is not liable in any regard pertaining to conditions including but not limited to: installing, repairing or replacement of equipment or network or to do the necessary maintenance on the equipment or network or any and all other technical disruptions. Ezeetel may interrupt your services at any time for any duration of time without notifying you or being held liable to You, the customer. You acknowledge and understand that the Service will not operate in the event of a power failure, or a failure of and internet connection.
- Ezeetel does not guarantee uninterrupted operation of Service, or of its equipment, facilities, connections or network, or that there will not be delays, errors, defects or failures that occur with the Services.
- Ezeetel bundles of unlimited calling in Canada do not include or cover areas including but not limited to: YUKON TERRITORY, NORTH WEST TERRITORY and NUNAVUT.
- Ezeetel bundles of unlimited calling in North America do not include or cover areas including but not limited to: HAWAII, ALASKA, YUKON TERRITORY, NORTH WEST TERRITORIES and NUNAVUT.
5 SERVICE REQUIREMENTS
You, the customer may be responsible to facilitate the following prerequisites prior to obtaining Ezeetel services. These include but are not limited to:
- Having a high-speed internet connection (not provided by Ezeetel) via Cable, DSL or Ethernet.
- You may require a Device procured from Ezeetel to use the Ezeetel voice services.
- For use of electronic Fax Service, You customer must provide a valid e-mail address for receiving the fax documents. For sending and receiving e-mail, You must have the prerequisites to have access to the desired email service. You may need to pay additional fees with the related email address in special cases. For special Fax calls you may need up to 90 kbps of bandwidth.
- For the ordinary telephone calls, You must have typical bandwidth of 80 kbps.
- For the softphone Device, You must have a supported computer and for the Ezeetel Mobile Application, the user must have a supported smart phone.
- You may also choose to connect through a Router. The user also assumes all responsibility regarding the suitability of the router, programming of the router, and connection to the Internet and its ability to carry the traffic required for the Service.
- Aside from broken or damaged equipment prior to connecting Ezeetel Services, Ezeetel is not responsible for the damage and loss of any hardware. If the customer purchased or leased any hardware or equipment, once the equipment is mailed, delivered or shipped to You, You shall assume all the risk and responsibility to loss or damage of the equipment. Only the customer is responsible for use of all the equipment in connection with the service. You shall not change or allow to be changed any information on the device(s) including but not limited to: any identifier, serial number, mark, tracking number, or stamp, electronic or otherwise of the Hardware or perform a factory reset of the Hardware without Ezeetel’s prior written permission (“Tampering”). All equipment is locked to Ezeetel’s network, any attempt to factory reset any hardware or device will not result in a successful factory reset restoring the device to a “like new” condition. In this event if the hardware or devices are tampered with in an effort to: change carriers, theft, resale, etc. the hardware or devices will remain locked to Ezeetel’s network and deemed stolen. As a result, this activity will be reported to the applicable authorities in the governing body.
- Return or Replacement of Hardware.
1.The expense of returning any hardware (for any reason) to Ezeetel will be customer’s responsibility. Ezeetel will not accept or collect packages or pay to have packages picked up. All returned equipment must be returned to Ezeetel in perfect resalable condition in its original packaging. Equipment returned in less than perfect condition, will be charged for refurbishing.
2.If the customer cancels any Ezeetel services, only the primary account holder is responsible for all returns of equipment. All the expenses to return the equipment will be at Your expense to the address described by Ezeetel representative. A Return Authorization number may also be accompanied inside the package with a specified note. Ezeetel may refund for the desired equipment only if applicable within six weeks from the equipment return date. The date for the returned equipment will be considered the date in which the equipment arrived at the Ezeetel warehouse and a proof of delivery by signature can be established.
- Unless an Extended Warranty is purchased, all equipment that You receive from Ezeetel carries a one  year manufacturer’s warranty. Extended Warranty coverage commences 30 days after purchase of the warranty. For the replacement of the desired equipment that is supposed to be defective by Ezeetel, You are responsible at your own expense to return the desired equipment in good condition at the desired address. Replacing Leased Equipment with a “lifetime” warranty follows the same procedure and is the responsibility and expense of the customer upon return as specified by an Ezeetel representative at a specified address. A Return Authorization number may also be accompanied inside the package with a specified note.
- When Ezeetel is promoting the desired plan of trial period, and has given the desired hardware to use the services, then only You are responsible to return the trial equipment with the Return Authorization number accompanied inside the package with a specified note within 30 days of the expiration of the Promotional period. The equipment will not be accepted by Ezeetel after the expiration of the trial period. If the customer cancels the services early, then the applicable cancellation fees will be charged automatically. Ezeetel reserves the right to return only a partial refund when any or all hardware is not accompanied by any and all major or minor contents or components missing from the originally packaged device.
- The user is responsible to meet all the requirements to use the services offered by Ezeetel. You may also need to update the versions of certain software to use the services. Ezeetel reserve the right to change all the requirements. Accordingly, your computer equipment may cease to be adequate to access and use the Service.
- Customers subscribing to the Ezeetel Hosted PBX service or related services where “Free” hardware is provided, are receiving the “Free” Hardware as a $0 Lease or $0 rental. You, the customer, do not own the equipment. The equipment is owned by Ezeetel and leased to the customer at $0 monthly. It is the sole responsibility of the customer to return the equipment to Ezeetel at the customer’s own expense should the customer terminate services. In the event the customer terminates services and doesn’t return the leased hardware, the customer will automatically be charged the MSRP of the leased equipment to the credit card information provided on the account.
7 EQUIPMENT AGREEMENT
In some special cases i.e. where the user is providing his/her own equipment to use the services offered by Ezeetel:
- You acknowledge that any hardware equipment that is not issued by Ezeetel may require additional configuration which may results in additional charges. You agree that the hardware equipment attached by you will not be damaged, cause any damage or disruption to Ezeetel.
- You agree that the equipment not issued by Ezeetel will not disturb or damage the Ezeetel services or carriers or create any dangerous threat to the subscribers or the employees, vendors or any persons at Ezeetel or its partners, vendors, carriers, etc.
- You acknowledge that You will be responsible for all the reprogramming and reconfiguration expenses and that You will be liable for any loss or damages related with the inability to make such changes. You are the only person to be responsible for the reprogramming, reconfiguration of all computers and equipment you associate with Ezeetel services.
8 COPYRIGHT AGREEMENT
The information on Ezeetel’s website containing all service information such as software, equipment, material and all the content containing names, logos, copyrights and all other information are entirely the property of Ezeetel and all such information is upheld by the provincial and federal laws of Ontario and Canada.
You acknowledge that:
- You will not contest the ownership of any and all Ezeetel Property.
- You are not issued any official right to use Ezeetel’s intellectual property such as software that is required to provide services to the Customer in conjunction with providing the Service, or embedded in the Device, other than a non-transferable, non-assignable, automatically revocable license to use the Ezeetel Property (without making any modification thereto) provided to the Customer or otherwise made accessible to the Customer strictly in accordance with the terms and conditions of this Agreement.
9 PAYMENTS AND BILLING
- You will be charged Monthly fees according to the specific plan you have subscribed to, automatically from your Credit Card. The monthly charges may include rental charges for the Ezeetel issued device and if applicable the features charges. The monthly fees will be deducted in advance from your credit card. If the selected plan does not include or excludes all the charges for long distance, fax pages, directory assistance (411) then the additional charges will be applied to your monthly invoice and automatically deducted from your credit card monthly. Ezeetel may charge You for activation fees, deactivation fees or plan changes fees, hardware purchases and shipping charges automatically to Your credit card, where applicable.
- The user must provide valid credit card information to the company when the service is issued. In the event your payment is not successfully processed (i.e. If your credit card expires or your billing address has changed or your credit card is lost or stolen) then you are responsible to notify Ezeetel immediately. In such cases if you do not update new credit card information within 3 business days for processing, Ezeetel reserves the right to downgrade or suspend your service(s).
- Ezeetel reserves the right to bill at more frequent intervals if the amount due at any time exceeds $100.
- When getting the Ezeetel services issued through the Ezeetel website or any other source, You must acknowledge to read and accept Ezeetel’s agreement by giving your consent over the phone to Ezeetel Representative or check the check box in front of “I Accept” or the equivalent statement accepting all applicable terms and conditions. When you accept the agreement, it gives Ezeetel the authorization to charge you every month from the provided credit card information. The information includes the modified credit card information for example for replaced credit cards or updated/renewed credit cards.
- This agreement will remain active up to 30 days after the customer requests cancellation of service and Ezeetel retains authority to change your credit card automatically on any and all outstanding invoices as applicable. If there are any billing objection, You must notify Ezeetel in writing within seven (7) days after your monthly bill is issued by Ezeetel on your web access “My Account” on the Ezeetel website. Otherwise, any billing disputes challenged after the seven (7) days will be deemed waived. Billing disputes must be sent by mail or email to the following address: Customer Care Department, Ezeetel Inc., 2250 Bovaird Dr E, Suite 214, Brampton, ON L6R 0W3.
- If you are not already on autopay, customers are required to pay their monthly account balance in full within thirty (3) business days of invoice date. If there are any accounts carrying a balance at or after this time then the account will be downgraded or suspended and/or cancelled until full payment is received. Suspended accounts will be charged a $35 CAD suspension charge. Reactivation of suspended Ezeetel accounts will be charged a $35 CAD reactivation fee.
- For long distance call charges, the rates will be the same as specified on the Ezeetel official website. The rates on the websites are subject to change from time to time at Ezeetel’s sole discretion and will be posted on www.Ezeetel.com. At present there are no charges between Ezeetel users; however, charges can be imposed at the sole discretion of Ezeetel and will be posted on the Ezeetel website. Call times for each call are rounded up and billed in six (6) second increments. For all calls for which we receive answer supervision and last for at least six (6) seconds, as explained below, shall incur a minimum thirty (30) second charge. Ezeetel relies on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and inter-exchange switching equipment. Where no answer supervision is received, we will commence billing forty (40) seconds following dial time unless the caller has terminated the call.
- The user registered is applicable for all the applicable Harmonized Sales Tax (HST), federal (GST) and provincial tax (PST). The charges may apply the additional telecommunication or other taxes, fees or charges now enforced or expected to be enforced in the future that arise from the registration or use or payment for additional services or rental fees or purchases of Ezeetel devices. The amount will be billed to the user’s account.
- You are required to pay the monthly account balance in full within thirty (7) days of invoice date. Accounts carrying a balance at or after this time will downgraded or suspended and/or cancelled until full payment is received. For the suspension and reactivation of accounts will be charged a $35 CAD suspension/reactivation charge.
- You acknowledge that You are the person responsible for all the use of services issued to You by Ezeetel including all the calls made from the issued telephone or the authorized codes to make calls containing all the charges (these charges can be modified from time to time without notifying the Customer) and for all the services used by your account will be charged to your account automatically via the credit card information provided by you on autopay. Ezeetel reserves the right to charge a $50 administration fee for all accounts remitted to collection. NSF and all refused payments shall incur a $25 administrative fee per occurrence and all the credit card charge-backs will incur a $50 administration fee. The interest of 2% per month interest (24% Annum) will be applied to the overall outstanding balance until such time that the balance is cleared when the account is placed with the collection agency. As billing software has limitations any reference to Tax 1 or T1 outside of Ontario, Canada, is in fact an additional service charge and not a government tax but In Ontario its provincial tax. In North America long distance rates and toll-free numbers will be also charged. For the hardware equipment to use the services authorized by Ezeetel You will be charged separately. These include but are not limited to: modems, VoIP telephone adapters, routers, and conference devices, etc. that are reasonably required to provide You with the Services. All the rates are specific to the Ezeetel official website (and all rates are subject to change), in some overseas destination call rates are billed at a higher rate.
10 911 EMERGENCY
Express Consent Required. 911 emergency service over a VoIP telephone (Broadband Internet) has certain limitations compared to Enhanced 911 services available on most traditional telephones. You must provide express agreement and consent to the conditions and limitations of Ezeetel’s 911 service.
It is very important for the customer to understand the Ezeetel 911 service. The service is somewhat different from the traditional 911 service. Ezeetel’s 911 Service offers you reliable means of reaching help in times of emergency. It is important that you understand how it works, how it differs from traditional phone service and what you must do to ensure that it works smoothly when you need it. It is critical for you to inform all other potential users of your Ezeetel services and of the differences and limitations of its 911 service.
Ezeetel offers a form of 9-1-1 service (9-1-1 Dialing) that is not exactly identical to traditional 9-1-1 (911) service because there are some critical differences, restrictions and limitations when compared with enhanced 9-1-1 service (E911) available in most locations in conjunction with traditional telephone service. The service works similarly when you make a call in an emergency situation. Both traditional 9-1-1 and E911 service will send your call directly to the nearest emergency response center. In addition, with E911 service, your call back number and address are visible to the emergency response center call-taker. Instead with Ezeetel’s 9-1-1 service, your call is sent to a national emergency call center. In a national emergency call center, an operator will pick up your call and will confirm your location information and then transfer your 9-1-1 call to the emergency response center nearest to your location. You should be prepared to confirm your address and call-back number with the operator. Call 911 and state the emergency in a clear, calm and discernible voice. The emergency dispatcher will ask you to confirm your current location. When confirming your address, mention any distinguishing landmarks that may help the emergency services personnel locate you quickly.
Do not hang up until told to do so by the emergency services personnel. If you get disconnected, call back immediately.
Your 9-1-1 Dialing service is activated when you subscribe to Ezeetel service. You should ensure your location information that you provided when you registered with Ezeetel is kept current at all times. In case you are not able to speak during the 911 call, the call taker will dispatch emergency response vehicles to your last registered address. You do not need to test your 911 calling service. 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.
As a result it is critical for you to update your current address in the 9-1-1 Database. If you move your device to a different location, travel in Canada with your adapter, and/or if you add a new line to your account on your web account, the national emergency response center does not receive your phone number or physical location information when you place a 9-1-1 call. You can update your 9-1-1 Dialing address information from our website www.Ezeetel.com. The link is at the bottom of the page under “Update your address”.
Remember that the 911 Dialing service will not function in the event of a power or broadband outage or if your broadband, ISP, or mobile network where you are using a mobile application, is suspended or disconnected. You must maintain your broadband connection in order to use the Service, or, for certain mobile applications, a WIFI or other data connection (3G/4G/LTE/5G) which we do not provide. Some of our Services may be used with devices such as wireless telephones, mobile telephones, smartphones, PDA’s or other Android or Apple tablets or devices which we may or may not provide. Following a power failure or disruption, you may need to reset or reconfigure your Box or Extension prior to utilizing the service, including 911 Dialing.
You should inform other colleagues, residents, guests, companions and other persons who may be present at the physical location where you utilize the Ezeetel service, of the important differences and limitations of VoIP 9-1-1 Dialing service compared with E911 service, as set out above.
11 IDENTITY PROTECTION AND CREDIT INFORMATION
Ezeetel respects customers’ personal information.
The disclosure may be obtained by written consent by the authorized user, oral confirmation by an independent authorized third party or where an audio recording of the consent for disclosure is recorded by Ezeetel, electronic confirmation via internet or toll-free number, and other means where the documented record of the consent is created by the customer or an authorized third party.
Ezeetel may reveal your personal confidential information when:
- You, the customer, require the information.
- A public authority or agent of a public authority if, in our reasonable judgment, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information.
- A carrier requires the information for the cost-effective provision of telephone service or the company provides you the ease of telephone or directory associated information and the disclosure is made on a confidential basis and strictly the information provided is used for the sole purpose.
- An official person legally authorized by Ezeetel to perform administrative functions, to evaluate Your creditworthiness strictly provided that the information is used for the sole purpose.
- A LAW ENFORCEMENT AGENCY WHEN Ezeetel has reasonable evidence to believe that You are involved in illegal activities.
12 TERMINATION OF SERVICES
Termination by Ezeetel:
Ezeetel reserves the right to terminate your Service without any liability whatsoever If you fail to pay Your account that is past due and failure to meet the credit requirements such as become bankrupt or to stop the commission of any offence (including fraud) and court order or other legal requirement or where Ezeetel reasonably believes that extreme circumstances exist. If you violate these Terms of Service OR the law, public policy such as where immediate action must be taken to protect Ezeetel’s facilities, equipment, network or connections or harassing, threatening or otherwise act unreasonably towards Ezeetel, its employees or agents and decency standards (including but not limited to regulatory pronouncements on issues such as Automatic Dialing-Announcing Devices and unsolicited live voice and fax calls), or any usage policies instituted from time to time by Ezeetel. Ezeetel may also terminate the services If You violate the FAIR USAGE POLICY or while using Ezeetel services if You alter or otherwise interfere with Ezeetel’s facilities, equipment, network or connections or use the Services in a prohibited, unlawful, or improper manner, including but not limited to, committing fraud. Termination can also occur where Ezeetel has made reasonable efforts to provide You with advance notice in accordance with the second paragraph above, but was unable to do so. Ezeetel will notify the customer of dial-around where the charges exceed $125 in a four-week period.
Ezeetel reserves the right to terminate your Service without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. You will be responsible for the full month’s charges until the end of the current term, including without limitation unbilled charges, plus a disconnection fee, if applicable. In the event of a suspension or termination of the Service, all features and other services, will also be suspended or terminated. You acknowledge and agree that a suspension or termination without notice will not affect Your obligation to pay fees owed by You to Ezeetel up to the date of termination or suspension, including the full month’s charges for the month in which Your Service is suspended or terminated. In the event of a suspension or termination of the Service, all features and other services, will also be suspended or terminated.
For the termination of late payment or other applicable reason where Ezeetel may allow you to reconnect your service, a reconnection charge may be applied for reconnecting the Service. Following a suspension or termination of Service, Ezeetel cannot guarantee the availability or resumption of any previous numbers, codes or other identifiers that may have been applicable to You. You can reference the LNP section for details on number porting.
After termination of your services, You acknowledge and understand that You are required to return the equipment issued to you by Ezeetel to at Your own expense. All of the Ezeetel Property must be returned in its original, operational condition.
Termination of Services by Customer:
You may terminate Your Service with Ezeetel at any time by requesting a cancellation of Service form or by contacting Ezeetel’s Customer Service. There will be no refund on your current monthly charge and all usage fees will be charged to your credit card account as well as a disconnect fee if applicable. You acknowledge and agree that You will continue to be responsible for all applicable charges up to and including the effective date of termination, and that for certain Services, there may be a transition period before You are moved to another provider and will therefore continue to be liable for any Ezeetel charges incurred during such period. For the details of your number porting when You are transferring to another carrier You can see the LNP section of Terms of Service.
You shall pay all applicable recurring and non-recurring charges, usage charges, fees and taxes. Ezeetel will provide an invoice containing all the charges and expenses owed to Ezeetel. You shall make payments against invoices in full within thirty (7) days of the date of the invoice. If You dispute any such charges, fees or taxes reported within an invoice, you shall notify Ezeetel in writing within seven (7) days of receiving that invoice or it shall be deemed that The Customer has waived any right to contest such charges. In the meantime, your dues will be charged interest of two percent (2%) per month late payment charge (or 26.8% per annum on a compounded basis) which shall be due and payable upon receipt of such late payment charges included on a subsequent invoice. Ezeetel may also correct the errors in billing for the applicable time if applicable.
Ezeetel and its authorized personnel such as directors, employees and agents provide the Service and make no warranties of any kind, express or implied, including any implied warranties of capability for a particular purpose of the Service or the Device, warrant that the Service will operate error-free or without failure, delay, interruption, degradation of voice quality or loss of content, data or information. Ezeetel.com does not warrant that the services, software or the hardware issued by Ezeetel will behave in a particular way such as the particular bandwidth or speed. Neither Ezeetel nor its officers, employees, parent company, subsidiaries, directors, shareholders, affiliates, licensors, agents, partners, suppliers, content provider, or any other service provider or vendor in connection with this Agreement or the Service will be liable for unauthorized access to Ezeetel or Customer transmission facilities or hardware or for unauthorized access to, or changes to the 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 Ezeetel or its service provider’s or vendors’ negligence. Statements and descriptions concerning the Service or Device, if any, by Ezeetel or Ezeetel’s agents or installers are informational and are not given as a warranty or representation of any kind. Ezeetel and officers, employees, parent company, subsidiaries, directors, shareholders, affiliates, licensors, agents, partners, suppliers, content provider or any other service provider or vendor shall not be responsible of any loss of data or changes in your hardware. Ezeetel shall not be liable for the cases including but not limited to the implied warranties of merchantability and capability for a particular purpose, accuracy, title, or durability of any equipment or software.
You, the customer, understand and acknowledge and agree that the use of services and equipment is at your sole discretion.
No action against Ezeetel may be commenced more than one (1) year after the event giving rise to such claim. The provisions of this section shall survive termination of these Terms of Service.
Without limiting the generalization of the preceding, Ezeetel is not liable to You or other persons for damages resulting from any act or omission of any third party for the operation or failure of Your equipment or facilities. This is beyond the control of Ezeetel including acts of God, inclement weather including but not limited to lightning, labour disputes, riots or civil disputes, war or armed conflict or Ezeetel’s failure, for any reason, to activate or have readily available Service on the activation date requested, Service interruptions, delays in communications, errors or defects in transmissions, or failures or defects in Ezeetel Services or facilities, any claims or damages relating to home networking or the use of a Ezeetel supplied Service Modem, even if the home networking or Service Modem is provided, installed, maintained or supported by Ezeetel. You acknowledge and understand that when using home networking or a Service Modem, there are certain inherent risks (e.g., other users may gain access to Your system or Your Services and accounts).
Ezeetel is not liable for any law, decision or regulation, or order of any court of competent jurisdiction. The remedies expressly set forth in this agreement are at your sole discretion. You may have additional rights under certain laws (consumer law, if purchasing a consumer product if applicable), which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, our exclusion or limitation may not apply to you.
Ezeetel may also purse any and all legal and equitable claims against you pertaining to your use or misuse of the service, the software or the equipment or for your breach of the agreement.
(Including policy related to the services).
14 GENERAL PROVISIONS
- Regulatory compliance: Ezeetel reserves the right to update Terms and Conditions as required as well as amounts charged under this Agreement with the customer from time to time in order to ensure regulatory compliance. Ezeetel will provide sufficient notice and make the changes available online at www.Ezeetel.com, or as otherwise may be required by applicable law. In consideration of applicable laws, such modifications will bind you on the date they are updated on our website. There is no requirement of further notice by us upon your continued use of the Service. You agree that any such modifications or amendments made for regulatory compliance purposes will be legally binding upon the parties and immediately form part of the Agreement when posted on the official website www.Ezeetel.com. If this Agreement is amended and you do not wish to accept the amendment, you may terminate the Agreement as provided in Section 12.
- Indemnification: You agree to defend, indemnify and hold harmless against Ezeetel and its employees, officers, directors from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from:
- Any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service).
- Negligence in acts, errors, or omissions by you (or any parties authorized or not authorized by you to use your account, to access the Service).
- Injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party.
- If there are any claims for breach of any intellectual property rights arising from Ezeetel’s use of the Service, the Software, the Equipment or the Internet.
- You, the user, agree to notify Ezeetel immediately, in the event your information is stolen (i.e. password, credit card number, etc.) by calling the Ezeetel emergency support number. Failure to notify Ezeetel in a timely manner may result in termination of your Ezeetel services and may result for you to pay additional charges for negligence and security breach. The security of your card numbers, pins, passwords and other sensitive information should be taken seriously. Ezeetel does assume any liability and you agree to indemnify Ezeetel and its employees, officers, carriers, subsidiaries, etc. of any such breach.
- Amendments: Contract and prices for the services noted in the service schedule(s) are subject to change upon thirty (30) days written notice (via letter, bill insert or email) when Service is purchased on a month to month basis, or following the end of the Agreement’s initial term.
- Severability: If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
- Assignment: You may not assign, lease, resell or transfer the Services to a third party without the prior written consent of Ezeetel. This Agreement and the rights and obligations hereunder may not be assigned in whole or in part by You without the prior written consent of Ezeetel unless the assignment is pursuant to the sale of all or substantially all of the assets or shares of You in which case You shall provide Ezeetel ten (10) days written, acknowledged, notice of such assignment In the event when You assign, lease, resell or transfer Services to a third party assignment by Ezeetel, and transfer of personal information, to an affiliate of Ezeetel or in any change of control transaction of Ezeetel without the prior written consent of Ezeetel. Ezeetel reserves the right to terminate the Services and the use of the Service, without any liability to You whatsoever. Ezeetel may assign all or any of its rights or obligations under this Agreement to an affiliate or to a successor in interest of Ezeetel or as part of a corporate reorganization, fusion, blending, consolidation or merger; without obtaining the customer’s prior written consent. This Agreement shall tenure to and be binding upon the parties and their respective successors and assignees.
- No Waiver: In a condition when Ezeetel may not be able to or fail to accomplish any right or provision of this Agreement, it will not constitute a waiver of such right or provision.
- No Third-Party Beneficiaries: No provision of this Agreement provides any person or entity, a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third-party beneficiary rights.
- Governing Law: The Agreement and the relationship between you and Ezeetel 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 therein without regard to its conflict of law provisions. Each of the parties hereto agrees that the Courts of Ontario shall have exclusive jurisdiction to entertain any action or other legal proceedings based on any provisions of these Terms. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement alleged by the Customer must be filed by the Customer (or the Customer’s attorneys) within one (1) year after such claim or cause of action arose or the Customer shall automatically forfeit any right to such claim or cause of action.
- Privacy: Ezeetel Service utilizes, in whole or in part, the public Internet and third-party networks to transmit voice and other communications. You acknowledge and agree that Ezeetel is not liable for any lack of privacy, which may result by the use of the Service. You ACKNOWLEDGE and AGREE to the personal information obtained in connection with this Agreement. Furthermore, you ACKNOWLEDGE and AGREE that you have provided all required consent to the collection, use and disclosure by Ezeetel to provide Service and other products to The Customer, administration of this Agreement, collecting past dues and unpaid debts and as otherwise needed or permitted by law or this Agreement.
- Force Majeure: Due to any condition including but not limited to: strike, lockouts, labour troubles, government or judicial actions or orders, riots, insurrections, war, acts of God, inclement weather or other reason beyond control, Ezeetel is lagged, prevented access from its facilities or otherwise as required, for any type of reason that is not in the control of Ezeetel and the user does not have access to the service will be considered as the period of “Disruption”. Other than with respect to payment, Your obligation and Ezeetel’s obligations pursuant to these Terms of Service will be suspended, pending resolution of any cause, event or proceeding reasonably outside of their control, provided You or Ezeetel, as the case may be, pursue remediation of such impediment to the maximum extent possible with reasonable dispatch and effort.
- Authority: The persons executing this Agreement represents that they have the full power and authority to enter into this Agreement on behalf of the party that they represent.
- Jurisdiction: These Terms of Service and any related agreements will be governed in all respects by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein.