These Terms of Service constitute the agreement between CH1 VoIP Solutions and the user of CH1 VoIP Solutions’ communications services and any related products or services. This agreement governs both our service and any CH1 VoIP Solutions-approved or CH1 VoIP Solutions-provided devices used with our service. It applies to all lines on each CH1 VoIP Solutions account. CH1 VoIP Solutions is sometimes referred to as "we," "us," "our," or "CH1 VoIP Solutions" and the user is sometimes referred to as "you," "your," or "user," or "customer".
By subscribing to or using our service, you agree to these Terms of Service. All information linked to these Terms of Service is part of it.
2. EMERGENCY SERVICES - 911 DIALING.
2.1 911 Dialing.
CH1 VoIP Solutions 911 dialing is different than traditional 911 service.
911 DISCLOSURE DURING SUBSCRIBE
CH1 VoIP Solutions 911 service is different from traditional 911, but it is a safe and reliable means of emergency dialing that may differ depending on where you are located when using your CH1 VoIP Solutions service.
All of our customers have access to Enhanced 911 (E911) service. With E911 service, when you dial 911 your CH1 VoIP Solutions telephone number and registered address is sent to the local emergency center serving your location, and emergency operators have access to this information in order to send help and call you back if necessary. With basic E911 service, when you dial 911, local emergency operators answering the call may not see your CH1 VoIP Solutions telephone number or your registered address because the emergency center may not be equipped to receive, capture or retain your CH1 VoIP Solutions telephone number and registered address, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is dropped or disconnected, or if you are unable to speak.
For each phone line you must provide a registered address where you will be using our service at the time you subscribe. Additionally, if you move your device to another location, you must update your address. If you do not update your location, your 911 calls may be sent to an emergency center near your old address. For purposes of 911 dialing, you may register only one location at a time for each phone line. Please remember that our 911 Dialing service will not function in the event of a broadband or power outage or if your broadband, Internet Service Provider (ISP), or CH1 VoIP Solutions phone service is terminated.
3. CUSTOMER SERVICE.
We offer varying types and levels of customer service depending on a number of factors, including the service you are using and the problems you are experiencing. For more information on our customer service, please review the "Help" section of our web site www.CH1 VoIP Solutions.com. We assume no obligation to provide support services for any third party products or services, or for problems with our service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.
4. MONEY BACK GUARANTEE.
We offer a money back guarantee if you terminate your service within 30 days from your subscription date. The subscription date is the date you order service or the date we successfully process your payment, whichever is later. It is not the day you receive the equipment you ordered or the first day you use the service.
Any device you purchased from retail stores is not eligible for our money back guarantee. Please refer to the return policy of the retailer where you purchased your device.
Our money back guarantee does not apply to any charges for international usage, payphone calls to CH1 VoIP Solutions toll free numbers, and directory assistance. In addition, we may not be able to refund all of the taxes that you paid.
Due to the nature of how CH1 VoIP Solutions bills a customer's account, you may be billed for additional charges for the time between disconnection and return of the equipment. CH1 VoIP Solutions will use commercially reasonable efforts to refund promptly any charges (less any amounts that you owe to us) to your account following the return of your device. If you have a billing dispute following the termination of your account, please contact us at http://www.CH1.ca
4.1 We have the right to disconnect or revoke our 60 day money back guarantee for all customers at any time, without prior notice.
5.1 Service Distinctions.
Our service is not a telecommunications service, and we provide it on a best efforts basis. There are important distinctions between a telecommunications service and our service. Our service is subject to different regulatory treatment than a telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. Events beyond our control may affect our service, such as power outages, fluctuations in the internet, your underlying ISP or broadband service, or maintenance. We will act in good faith to minimize disruptions to your use of and access to our service.
5.2 Residential Use of Service and Device.
If you subscribe to our residential services, we provide you with service and the device solely for residential use and are limited to 750 minutes per line per month. Unlimited plans are reviewed at 2500 minutes usage in any one month.
5.3 Small Business Plans.
If you subscribe to any of CH1 VoIP Solutions’ small business plans (for example, Mini PBX for Business or PBX for Business), we provide our service and the device to you solely for use as a small business user or domestic business traveler. As the subscriber and operator or administrator of this equipment, you are responsible for maintaining the security of the equipment, including but not limited to the physical and network security elements of your device.
5.4 Inconsistent Use.
If you use the service or the device in a way that is inconsistent with the normal use for your service or plan, you will be required to pay the rates for the service or plan that would apply to the way you used the service or device.
5.5 No Directory Listing.
The phone numbers you get from us will not be listed in any telephone directories. However, any phone numbers you transfer from your local phone company may be listed.
5.6 Incompatibility With Other Services.
Non-Voice Equipment Limitations. You acknowledge that our service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, medical monitoring equipment, satellite television systems, and computer modems. You waive any claim against CH1 VoIP Solutions for interference with or disruption of these services and equipment.
5.7 Our right to disconnect.
We have the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice:
Our action or inaction under this section does not constitute any review or approval of your action or use or content.
5.8 Fees upon disconnection.
(a) Disconnection by us without a reason. If we discontinue service generally, or disconnect your service without a stated reason, you will only be responsible for the charges that have accrued through the date of the disconnection, including a pro-rated portion of the final service term charges, and any recovery fees.
(b) Disconnection by us with a reason. If we disconnect your service for any of the reasons listed in section above, you will be responsible for all charges through the end of your current service term, including unbilled charges, plus any disconnection and any recovery fees.
(c) All of charges owed at the time of disconnection will be immediately payable. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.
5.9 Number Transfer or "Port" on Service Disconnection.
(a) Single line Accounts. You may be able to take, or "port," your current number to another service provider. If you ask your new service provider to port a number from us, you must tell us to terminate your service when the port is completed or you may continue to incur charges on your CH1 VoIP Solutions account. Once your port is completed and you tell us to terminate your service, you remain responsible for all charges and fees through the end of that billing cycle. If a port is unsuccessful for any reason, your service and your agreement with us will not terminate, you will remain a CH1 VoIP Solutions customer, and you will continue to be responsible for all charges and fees for your CH1 VoIP Solutions service.
(b) Multiple-line Accounts.
If you request your new service provider to port a number from us and you have multiple numbers and/or additional devices such as the WiFi or Softphone on your account, you must tell us to terminate all the services on your account, before the port is completed. If you do not tell us to terminate all numbers and devices, we will select the most appropriate billing plan for any remaining numbers and devices on your CH1 VoIP Solutions account. You will continue to be responsible for all the charges and fees associated with the remaining services on your CH1 VoIP Solutions account. Once the port is completed, you are also responsible for all charges and fees through the end of that billing cycle for the ported number.
5.10 Termination of Service.
6.1 Devices received from us.
Limited Warranty from CH1 VoIP Solutions for retail customers only. We will provide a limited warranty on the device only for manufacturing defects for a period of 1 year from your subscription date. This retail customer limited warranty does not apply to any defect or failure other than a manufacturing defect. Without limiting the generality of the warranty, it does not apply to any defect caused by damage in transit or your handling of your device. For returns subject to this retail customer limited warranty, the following conditions must be satisfied:
We receive your device, in its original condition, reasonable wear and tear excluded, together with the original packaging, all parts, accessories, and documentation;
You pay all costs of shipping your device back to us.
Service Cancellation. If you cancel your service within the money back guarantee period, you may obtain a credit for the amount paid for the device, if you return your device to us according to the money back guarantee conditions.
Ownership and Risk of Loss. You will own your device and bear all the risk of loss, theft, or damage. This risk is from the time we ship your device to you until the time you return it to us according to this agreement.
6.2 Tampering with the Device.
You may not change the electronic serial number or equipment identifier of your device or perform a factory reset of your device without first getting our written consent.
6.3 Prohibited Devices.
You are prohibited from using CH1 VoIP Solutions services with any devices other than CH1 VoIP Solutions-approved devices received from us.
Other than express warranties for the device in the documentation that comes with your device and the retail customer limited warranty in this agreement, following the term of the limited warranty, we make no warranties of any kind, express or implied, and specifically disclaim, following the term of the limited warranty, any warranty of merchantability, fitness of the device for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing, or course of performance, or any warranty that the device or any firmware or software is "error free" or will meet your requirements. This section does not limit any disclaimer or limitation of warranty in the documentation provided with your device.
7. FEES, TAXES, AND OTHER CHARGES.
7.1 Fees and charges.
We will publish on our web site the fees and charges. These fees and charges may change from time to time. We may introduce new products and services at special introductory pricing. At our discretion, we may change introductory pricing. Where required by law, we will send notification of invoices to your email address on file with us.
7.2 Billing increments.
We bill usage charges in full minute increments. We round partial minutes up to the next full minute, unless we state otherwise in the rate schedules on our web site. We bill fractional usage charges in full cents. We round up cents when the value is $.005 or more and down when the value is less than $.005, unless we state otherwise in the rate schedules on our website.
Provincial and local governments may assess taxes, surcharges, or fees, or all of these, on your use of our service. These charges may be a flat fee or a percentage of your CH1 VoIP Solutions charges and may change without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable taxes, fees, or charges for your subscription, use, or payment for our service or your device. These amounts are in addition to the payment for your service or devices. We will bill these charges to your payment method according to the terms in this agreement. If you are exempt from payment of any of these taxes, you must provide us with an original certificate that satisfies the legal requirements attesting to tax-exempt status. Tax exemption will only apply from the date we receive your certificate.
7.4 Payphone Charges.
If you use our "Toll Free Plus" feature, or any toll free feature that we offer in the future, we will recover from you any charges imposed on us either directly or indirectly for toll free calls made to your number. We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in any other way we decide is appropriate for the recovery of these costs.
8. BILLING AND PAYMENT.
We will bill you for each term of service. When you subscribe to our service, you must give us a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, your email address changes, or your payment method is cancelled and replaced on account of loss or theft. Except for usage-based charges, we will bill in advance to your payment method all charges, fees, taxes, and surcharges for each service term. We will bill monthly as due immediately usage-based charges and any other charges which we decide to bill as due immediately. Bills will be sent to the email address on record.
When you subscribe to our service, you authorize us to collect from your payment method. This authorization will remain valid until 30 days after you terminate our authority to charge your payment method. We will then charge you any outstanding charges and disconnect your service.
If we disconnect your service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection costs and attorney's fees.
8.5 Billing Disputes.
If you want to dispute any CH1 VoIP Solutions charges on your statement, you must notify us within 7 days after you receive your statement from your bank or credit card issuer. If you do not dispute the charges within 7 days, you waive any right to contest the charges.
9. PROHIBITED USES; UNLAWFUL USES AND INAPPROPRIATE CONDUCT.
9.1 Lawful purposes only.
You may use our service and your device only for lawful, proper and appropriate purposes. You may not use our service or your device in any way that is illegal, improper or inappropriate. The list is as follows:
Threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior.
In addition, you shall not use our service or your device for :
Auto-dialing continuous, or extensive call forwarding telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting, or fax or voicemail blasting and, you shall not use our service or your device to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques, or other automated devices or programs to catalog, download, store, or otherwise reproduce or distribute information from our service or use any automated means to manipulate our service; use our service to violate any law, rule, or regulation; violate any third party's intellectual property or personal rights; or exceed your permitted access to our service.
We may monitor the use of our service for violations of this agreement. We may remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect our service, or CH1 VoIP Solutions, its parent, affiliates, directors, officers, agents, and employees from harm.
9.3 Providing information to authorities and third parties.
If we believe that you have used our service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, as follows:
(i) in response to law enforcement or other governmental agency requests;
(ii) as required by law, regulation, rule, subpoena, search warrant, or court order;
(iii) as necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both;
(iv) to protect CH1 VoIP Solutions’ rights and property; or
(v) in emergency situations where disclosure of such information is necessary to protect CH1 VoIP Solutions customers or third parties from imminent harm.
9.4 Use of Service and Device by Customers Outside the Canada.
Although we encourage you to use our service to call foreign countries from the Canada and to use our service as you travel, the services are only offered and supported in the Canada. Our service is designed to work generally with unencumbered high-speed internet connections. However, if the high-speed internet connection you are using is not within a CH1 VoIP Solutions service area or your ISP or broadband provider places restrictions on using VoIP services, we do not claim that they will allow you to use our service. You will be solely responsible for any violations of local laws and regulations or violations of ISP and broadband provider terms of service because of your use of our service.
9.5 No Transfer of Service.
You may not resell or transfer your service or your device or provide a telephone service to anyone else by using your CH1 VoIP Solutions service or features of your CH1 VoIP Solutions service without first getting our written consent.
9.6 No Alterations or Tampering.
If you copy or alter or have someone else copy or alter the firmware or software of the device in any way that facilitates a compromise of your service, you are responsible for any charges that result. You may not attempt to hack or otherwise disrupt our service or make any use of our service that is inconsistent with its intended purpose.
9.7 Theft of Service.
9.8 Unauthorized Usage of Device; Firmware or Software.
You have not been granted any license to use the firmware or software we use to provide our service or that we provide to you in providing our service, or that is embedded in your device, other than a nontransferable, revocable license to use the firmware or software in object code form (without making any modification to it) strictly according the terms and conditions of this agreement. You also agree that you will use your device exclusively for our service. We will not provide any passwords, codes, or other information or assistance that would enable you to use your device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You warrant that you possess all required rights, including software or firmware licenses, or both, to use any interface device that we have not provided to you. You may not reverse compile, disassemble, or reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software.
10. LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY.
10.1 AS IS Services.
You agree that our services are provided "as is," except to the extent provided below.
10.2 No Warranties on Service.
We make no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service or device for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the service or device will be without failure, delay, interruption, error, degradation of voice quality, or loss of content, data, or information. Neither CH1 VoIP Solutions nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises equipment or for unauthorized access to, or alteration, theft, or destruction of, customer's data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of CH1 VoIP Solutions’ or its service provider's or vendors' negligence. Statements and descriptions concerning our service or device, if any, by CH1 VoIP Solutions or CH1 VoIP Solutions’ agents or installers are informational and are not given as a warranty of any kind.
10.3 No Credit Allowances for Interruption of CH1 VoIP Solutions Service.
We will not give you credit for any interruption of CH1 VoIP Solutions service, including international calling services.
10.4 Limitation of Liability.
We will not be liable for any delay or failure to provide service, including 911 Dialing, at any time or any interruption or degradation of voice quality that is caused by any of the following:
10.5 Disclaimer of Liability for Damages.
In no event will CH1 VoIP Solutions, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to you in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, including inability to access emergency service personnel through the 911 dialing service or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.
10.6 Disclaimer of 911 Liability.
We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We do not have any control over any local emergency response center. Therefore, we are not responsible for whether they answer calls using our 911 dialing service, how they answer these calls, or how they handle them. We rely on third parties to assist us in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. We are neither liable nor responsible if the data used by a third party to route calls is incorrect or produces an erroneous result. Neither CH1 VoIP Solutions nor its officers or employees may be held liable for any claim, damage, or loss, fine, penalty, cost, and expense (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device.
10.7 Limit on total liability.
Our total liability under this agreement will not exceed the service charges for the affected time period.
11. INDEMNIFICATION AND WAIVER OF CLAIMS.
You shall defend, indemnify, and hold harmless CH1 VoIP Solutions, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for our service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device.
11.2 Waiver of Claim or Causes of Action.
You waive all claims or causes of action arising from or relating to our 911 dialing service unless the claims or causes of action arise from our gross negligence, recklessness, or willful misconduct.
You are liable for all liability that may arise from the content you transmit to any person, whether or not you authorize it, using your service or device. You promise that you and anyone who uses your service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our service and the device.
12. CHANGES TO THIS AGREEMENT.
We may change the terms and conditions of this agreement from time to time. By subscribing to our service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning CH1 VoIP Solutions, including changes to this agreement. We may give you notice of a change by posting the change on the home page of CH1 VoIP Solutions.com or on the relevant web page of the applicable service. Such notices will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using our service. When posted, this agreement supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of your device. It also supersedes any written terms provided to retail customers with retail distribution, including, without limitation, any written terms in the packaging of your device. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of CH1 VoIP Solutions services.
You authorize us
(i) to investigate your credit history, including requesting a consumer report, when you sign up for our service and at any time after you sign up and
(ii) to share credit information about you with credit reporting agencies. Upon your request we will inform you whether or not we have requested a consumer report, and if a report was requested, the name and address of the consumer reporting agency that furnished the report