Terms & Conditions
These Terms of Service constitute the agreement between Virtutone Networks Inc. and the user of Virtutone's communications services and any related products or services. This agreement governs both our service and any Virtutone-approved or Virtutone-provided devices used with our service. It applies to all lines on each Virtutone account. Virtutone Networks Inc. is sometimes referred to as "we," "us," "our," or "Virtutone" and the user is sometimes referred to as "you," "your," "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.
2.2 Virtutone 911 Disclosure Agreement.
2.3 911 Dialing from an Unregistered Line.
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.virtutone.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. You can contact our customer service team at 1-866-942-5777
4. MONEY BACK GUARANTEE.
5.1 Service Distinctions.
5.2 Residential Use of Service and Device.
5.3 Small Business Plans.
5.4 Inconsistent Use.
5.5 No 0+ or Operator Assisted Calling; May Not Support x11 Calling.
5.6 No Directory Listing.
5.7 Incompatibility With Other Services.
You will be asked to create a password in order to gain access to your account information on-line or when contacting a Virtutone agent by phone. You agree to keep all passwords and account information confidential and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality and for all activities that occur under your password. You must immediately notify us if you suspect any breach of security such as loss, or unauthorized disclosure or use of your password and account.
6. LENGTH OF SERVICE.
6.1 Service Term.
6.2 Automatic Renewal.
6.3 Other Commitments.
6.4 Our Right to Disconnect.
6.5 Fees Upon Disconnection.
6.6 Number Transfer or "Port" on Service Disconnection.
6.7 Termination of Service.
In order to terminate your service, you must contact our Customer Care Department, via telephone, at the following number: 1-780-702-5777 ext 112
7.1 Devices Purchased From a Retail Provider.
7.2 Devices Received from Us.
7.3 Tampering With the Device.
7.4 Prohibited Devices.
8. FEES, TAXES, AND OTHER CHARGES.
8.1 Fees and Charges.
8.2 Billing Increments.
8.3 Taxes Provincial, State and local governments may assess taxes, surcharges, or fees, or all of these, on your use of our service.
8.4 Payphone Charges.
8.5 Charges for Directory Calls (411).
8.6 Activation Fee.
8.7 Disconnection Fee (Does Not Apply to Business Plus Customers).
8.8 Recovery Fee.
8.9 No Credit Allowances or Refunds for Prepaid Service Plan Customers.
8.10 No Credit for Non-Usage Non-usage of the service does not entitle you to a credit for, or refund of, any portion of a payment made to us.
9. BILLING AND PAYMENT.
9.4 Billing Errors.
9.6 Billing Disputes.
10. PROHIBITED USES; UNLAWFUL USES AND INAPPROPRIATE CONDUCT.
10.1 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 following is a non-exhaustive list of examples of illegal, improper or inappropriate uses of our service and/or devices.
In addition, you shall not use our service or your device for
10.3 Providing Information to Authorities and Third Parties.
10.4 Service Area Virtutone offers VoIP services in Canada, the United States, Australia and the United Kingdom.
10.5 No Transfer of Service.
10.6 No Alterations or Tampering.
10.7 Theft of Service.
10.8 Unauthorized Usage of Device, Firmware or Software.
11. LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY.
11.1 AS IS Services.
11.2 No Warranties on Service.
11.3 Device Warranties and Limitations
11.4 No Credit Allowances for Interruption of Virtutone Service.
11.5 Limitation of Liability.
11.6 Disclaimer of Liability for Damages.
11.7 Disclaimer of 911 Liability.
11.8 Limit on Total Liability.
12. INDEMNIFICATION AND WAIVER OF CLAIMS.
12.2 Waiver of Claim or Causes of Action.
12.4 Account Information.
13. MISCELLANEOUS LEGAL CONSIDERATIONS.
13.1 Governing Law.
13.2 No Waiver of Rights.
13.4 No Third Party Beneficiaries.
13.5 Legal Age.
13.6 Entire Agreement.
14. DISPUTE RESOLUTION AND BINDING ARBITRATION.
It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.
14.2 Informal Resolution of Disputes.
14.3 Formal Notice of Disputes.
If you and Virtutone do not reach an agreement to resolve the dispute or claim within thirty (30) days after the Notice of Dispute is received, you or Virtutone may commence an arbitration proceeding. You may download or copy a form to initiate an arbitration proceeding from the CAA website; The amount of any settlement offer made by you or Virtutone shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Virtutone is entitled.
14.4 Arbitrator and Arbitral Rules.
14.5 Location and Procedure of Arbitration.
14.6 Fees and Costs.
14.7 Waiver of Jury Trial.
14.8 Waiver of Class Actions.
14.9 Statute of Limitations:
14.10 Exceptions to Arbitration Agreement:
14.11 Modification of Arbitration Provision.
15. 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 Virtutone, including changes to this agreement. We may give you notice of a change by posting the change on the home page of www.virtutone.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 Virtutone services.
You authorize us to:
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.
18. COPYRIGHT AND TRADEMARK; COPYRIGHT INFRINGEMENT; DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE.
18.1 Our website content, our materials, services, logs, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Infringement by you may result in civil or criminal prosecution.
18.2 Third parties may make materials available using our service.
Your notice should at a minimum contain the following information:
Last Updated: October 15th, 2010. Copyright 2007 - 2011 Virtutone Networks Inc. used under license. Virtutone is a registered service mark owned by Virtutone Networks Inc.
Virtutone voice calls travel over the best-efforts public Internet, and services are provided to fixed business, nomadic businesses, off-shore drilling rigs and ships. As a result, voice calls are on a best efforts basis and 911 calls are routed to the correct Public Safety Answering Point (PSAP) on a best efforts basis. As with traditional phone service providers, Virtutone delivers the caller's phone number to the 911 Emergency Dispatcher, which uses the phone number to access current and secure Public Safety address database information.
Virtutone services are subject to an CRTC requirement to provide notification of any E911 limitations that may be associated with the service provided to you. As is the case with E911 service provided by a traditional telephone service provider, you are advised that the E911 service provided by Virtutone:
Click here to change your E911 information
Collection of Information
In addition to our cookies, we may also use (and our third party advertisers may use) clear gifs, web beacons and third party cookies to improve the performance of our web sites, provide certain features such as advertising or to anonymously track usage of our web sites and track the online activity of users. In addition, we may use such devices in our HTML-based emails to track the usage of such emails in much the same manner as usage of our web sites is tracked.
You may stop or restrict the placement of cookies on your computer, including third party cookies, or flush them from your browser by adjusting your web browser preferences, in which case you may still use our web site, but it may interfere with some of its functionality.
Use of Information
Virtutone may also use and disclose PII to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of our service or network, to investigate fraud or violations of our Terms of Service, as required by courts or administrative agencies or in connection with a sale, merger or reorganization of Virtutone's business.
Non-PII may be shared with any number of third parties by Virtutone.
You should be aware that any PII which you voluntarily include and transmit through publicly accessible forums (i.e., such as chat rooms, blogs, instant messages, listservs) may be viewed and used by anyone with access to such forums. Virtutone is unable to control such uses of your PII, and by using such services you assume the risk that the PII provided by you may be viewed and used by third parties.
Virtutone Spam Policy
Third Party Web Sites and Services
However, we are not responsible for removing your PII from the lists of any third party who has previously been provided your information in accordance with this policy. Since Virtutone must use a Customer's PII in order to provide them with Virtutone services, Customers cannot opt-out of all uses of their PII unless they cancel their service.
Changes to policy
Terms of Service
Virtutone warrants that all products sold by Virtutone to be free of defects in material and workmanship, subject to the following conditions. The duration of Virtutone's warranty with respect to Virtutone Products is limited to one (1) year from the date of sale to the original consumer purchaser.
No other express warranties are made with respect to any Product. All implied warranties, including warranties of merchantability and fitness for a particular purpose are limited to the warranty period set forth above. This warranty is not transferable and applies only to the original consumer purchaser of the Product.
Virtutone will, as its sole obligation under this warranty, replace or repair, at its option, any Product that does not conform to this warranty. Under no circumstances will Virtutone be liable for any incidental or consequential damages under this warranty or any implied warranties. Virtutone will not be responsible for damage resulting from any (i) deviation from Virtutone's operating instructions as printed in Virtutone's installation manual or on any packaging, labels or other literature provided with a Product, (ii) installation of a Product in a manner which is inconsistent with Virtutone's written instructions, (iii) alteration or modification of a Product, (iv) misuse, (v) neglect, (vi) abuse, (vii) accident, (viii) normal wear and tear, (ix) service by anyone other than a Virtutone authorized repair facility, or (x) other improper application, installation or operation of the Product.