1. INTRODUCTION.
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.
Virtutone 911 dialing is different than traditional 911 service.
2.2 Virtutone 911 Disclosure Agreement.
Click here to see the current form of the Virtutone 911 Disclosure Agreement.
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.
Virtutone does not offer a money back guarantee
5. SERVICE
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.
5.3 Small Business Plans.
If you subscribe to any of Virtutone's small business plans, 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 0+ or Operator Assisted Calling; May Not Support x11 Calling.
Our service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, or calling card calls. Our service may not support 311, 511, and other x11 services in one or more service areas. Our service does support specified dialing such as 911 and 411, which are provided for elsewhere in these Terms of Service.
5.6 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.
5.7 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 Virtutone for interference with or disruption of these services and equipment.
- Certain Broadband, Cable Modem, and Other Services. You acknowledge that our service presently is not compatible with AOL cable broadband service and certain versions of TiVO. There may also be other services with which our service may be incompatible. Some providers of broadband service may provide modems that prevent the transmission of communications using our service. We do not warrant that our services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of our service with any particular broadband service.
5.8 Passwords
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.
We provide our service for terms of a set length that depend on the term that you have signed up for (for example, 30 days, one year, and two years). Your term begins on the subscription date, which is the date you first ordered 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 time you use the service. You are purchasing our service for the full service term.
6.2 Automatic Renewal.
The terms of this agreement automatically renew for the same term unless you contact us at 1-866-942-5777 to cancel your service before the end of your current service term. The renewal begins on the day after the last day of your term.
6.3 Other Commitments.
If you made a commitment as part of a promotional or plan benefit (such as an equipment upgrade, a free month of service, free installation, a rebate, or other incentive), unless otherwise specified in the offer you received, your commitment begins on the earlier of the day that you use the new equipment or accept the promotion or benefit. We will disclose the length of the commitment as part of the promotion or plan.
6.4 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.
6.5 Fees Upon Disconnection.
- Disconnection by you. If you attempt to disconnect service before the end of your current service term, you will be responsible for all the charges for your current term, including unbilled charges, plus any disconnection fee. In addition, if you disconnect service that is based on a commitment before the end of the commitment, you agree to pay us the applicable recovery fee.
- 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.
- Disconnection by us with a reason. If we disconnect your service for any of the reasons listed in section 6.4 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.
- All 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.
6.6 Number Transfer or "Port" on Service Disconnection.
- 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, and we receive your request from the new service provider, we will automatically terminate our service for that number upon successful completion of the port. Once your service is terminated and the port is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any cancellation fees. If a port is unsuccessful for any reason, your
service and your agreement with us will not terminate, you will remain a Virtutone customer, and you will continue to be responsible for all charges and fees associated with your Virtutone service.
- Multiple-line Accounts. If you request your new service provider to port a number from us and you have multiple numbers assigned to your account and/or additional devices such as the WiFi or Softphone on your account, you are required to inform us of your intent to terminate all the services on your account, prior to the successful completion of the requested port or we will select the most appropriate billing plan for any remaining numbers and/or devices on your Virtutone account, and you will continue to be responsible for all the charges and fees associated with the remaining services on your Virtutone account. Once the port of the requested number is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any cancellation fees applicable to the ported number.
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. DEVICES
7.1 Devices Purchased From a Retail Provider.
- Return of device. Except as provided in the limited warranty found in Section 7.1(b) below, if you purchased your device from a retail provider, you may return your device only to that retail provider. All device returns are subject to the return policy of the retail provider and are not eligible for our money back guarantee. We will not accept any device returned to us from a retail customer.
- Limited warranty from Virtutone 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, retailer handling, or your handling of your device. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. 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; before returning your device to us, and within 1 year from your subscription date, you need to obtain a valid return authorization number from our Customer Care department which you can reach at 1-780-702-5777 ext 112; you pay all costs of shipping your device back to us.
7.2 Devices Received from Us.
- Limited warranty. Except as set forth in these Terms of Service, if you received a device from us and the device included a limited warranty from another person (such as the manufacturer) at the time you received it, you should read the separate limited warranty document sent with the device for information on the limitation and disclaimer of certain warranties. We will provide a limited warranty on the device only for manufacturing defects for a period of 1 year from your subscription date. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
- Repair or replacement. Your only remedy for any breach of any limited warranty
or other breach of any duty regarding a device is to get a repaired or replacement device by following our return procedures. This limited warranty applies in place of the limited warranty included with the device if the included limited warranty is less favourable to you than this warranty.
- Service cancellation. If you cancel your service you are required to pay out the remainder of the term of your agreement upon termination of the service.
- Receipt of damaged devices. If you receive cartons or devices that are visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep a copy. You must also keep the original carton, all packing materials, and parts in the same condition in which you received them from the carrier. You must then contact our Customer Care Department immediately at 1-780-702-5777 ext 112.
- 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.
7.3 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.
7.4 Prohibited Devices.
You are prohibited from using Virtutone services with any devices other than Virtutone-approved devices received from retailers or from us.
7.5 Disclaimer.
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. Device warranties do not apply to Business Plus customers. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State and Province to Province.
8. FEES, TAXES, AND OTHER CHARGES.
8.1 Fees and Charges.
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. We reserve the right to bill you more frequently if you owe us more than $75.
8.2 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.
8.3 Taxes Provincial, State 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 Virtutone 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. Virtutone Networks Inc., Attn: Tax Manager, #240, 2181 Premier Way, Sherwood Park, AB Canada T8H 2V1
8.4 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.
8.5 Charges for Directory Calls (411).
We will charge you $1.00 for each call you make to Virtutone directory assistance.
8.6 Activation Fee.
We will charge you a one-time activation fee of $50.00 for residential and business accounts and any other activation fee that may apply to the particular features or service that you select.
8.7 Disconnection Fee (Does Not Apply to Business Plus Customers).
You will be charged a disconnection fee of one month service per voice line if your service is disconnected.
8.8 Recovery Fee.
If you disconnect service based on a commitment before the end of the commitment period, you agree to pay us the applicable recovery fee. A recovery fee is equal to the difference between the price you paid and the regular price of the good, service, or other benefit you received. Any recovery fees are cumulative and are in addition to any other amounts you may owe us, including any disconnection fees.
8.9 No Credit Allowances or Refunds for Prepaid Service Plan Customers.
Subject to our money back guarantee and law, we will neither credit nor refund any service fees or any other amounts you pay for any prepaid service plans.
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.
^Top | Hide
9. BILLING AND PAYMENT.
9.1 Billing.
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. We will bill monthly in arrears to your payment method, as due immediately, all charges, fees, taxes, surcharges, and any other charges for each service term. Bills will be sent to the email address on record. All overdue amounts are subject to a 2% per month late payment fee (26.82% per annum). As well, items returned for insufficient funds will be assessed a $25 administration charge. These charges will appear on your next invoice.
9.2 Payment.
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 disconnection fee and any other outstanding charges and disconnect your service.
9.3 Collection.
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.
9.4 Billing Errors.
We reserve the right to correct any errors in billing for a period of one year from the bill date, and retroactively apply the appropriate charges.
9.5 Notices.
You understand that it is difficult for us to distinguish between credit and debit cards. You agree to waive your rights under Regulation E to receive 10 days advance notice from us regarding the amount that we will debit from your account. While we may send you messages about your billing from time to time, we are not obligated to do so. We may change or cease our messages at any time without notice to you.
9.6 Billing Disputes.
If you want to dispute any Virtutone charges on your statement, you must notify us within 30 days from your statement date. If you do not dispute the charges within this period, you waive any right to contest the charges. 1-780-702-5777 ext 112 billing@virtutone.com
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.
- threatening;
- abusive;
- harassing;
- defamatory;
- libelous;
- deceptive;
- fraudulent;
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;
- impersonate another person;
- sending bulk unsolicited messages;
- using robots, data mining techniques, or other automated devices or programs to catalog, downloading, storing, or otherwise reproducing;
- invasion of another's privacy, or any similar behavior;
- fax or voicemail blasting;
- 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;
- exceed your permitted access to our service.
10.2 Monitoring.
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 Virtutone, its parent, affiliates, directors, officers, agents, and employees from harm.
10.3 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:
- in response to law enforcement or other governmental agency requests;
- as required by law, regulation, rule, subpoena, search warrant, or court order;
- as necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both;
- to protect Virtutone's rights and property; or
- in emergency situations where disclosure of such information is necessary to protect Virtutone customers or third parties from imminent harm.
10.4 Service Area Virtutone offers VoIP services in Canada, the United States, Australia and the United Kingdom.
Any use outside these areas is not supported by Virtutone. Additional charges may apply for local calling in an area that is not your original service area. Virtutone is not responsible for any additional charges outside the subscribed to area, the customers assumes all liabilities for charges outside the subscribed to area.
10.5 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 Virtutone service or features of your Virtutone service without first getting our written consent.
10.6 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.
10.7 Theft of Service.
You may not use or obtain our service in any manner that avoids Virtutone policies and procedures, including an illegal or improper manner. You will notify us immediately at 1-866-880-7871 or activations@virtutone.com if your device is stolen or if you believe that your service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of service. If you fail to notify us in a timely manner, we may disconnect your service and levy additional charges on you. Until you notify us, you will be liable for all use of our service using a device stolen from you.
10.8 Unauthorized Usage of Device, Firmware or Software.
Except as stated for Business Plus customers, 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.
11. LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY.
11.1 AS IS Services.
You agree that our services are provided "as is," except to the extent provided below.
11.2 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 Virtutone 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 Virtutone's or its service providers' or vendors' negligence. Statements and descriptions concerning our service or device, if any, by Virtutone or Virtutone's agents or installers are informational and are not given as a warranty of any kind.
11.3 Device Warranties and Limitations
All devices, unless otherwise stated at time of purchase have a 1 year parts and labour warranty. For further details, see Virtutone warranty at www.virtutone.com/warranty
11.4 No Credit Allowances for Interruption of Virtutone Service.
We will not provide a credit for any interruption of Virtutone service, including international calling services.
11.5 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 anything not under the control of Virtutone.
11.6 Disclaimer of Liability for Damages.
In no event will Virtutone, 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. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
11.7 Disclaimer of 911 Liability.
We disclaim all responsibility for the conduct of local emergency response centres and the national emergency calling centre. We do not have any control over any local emergency response centre. 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 centres and to a national emergency calling centre. 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 Virtutone 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.
11.8 Limit on Total Liability.
Our total liability under this agreement will not exceed the service charges for the affected time period.
12. INDEMNIFICATION AND WAIVER OF CLAIMS.
12.1 Indemnification.
You shall defend, indemnify, and hold harmless Virtutone, 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, or use of our service by you or others using your account (whether or not such usage is expressly authorized by you).
12.2 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.
12.3 Content.
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.
12.4 Account Information.
You are liable for all liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or incomplete, we may suspend or terminate or refuse any and all current or future use of the service, or any portion thereof.
13. MISCELLANEOUS LEGAL CONSIDERATIONS.
13.1 Governing Law.
The law of the province of Alberta will govern this agreement as well as the relationship between you and us, except to the extent such law is preempted by or inconsistent with applicable federal law. Because this agreement is a transaction in interstate commerce, the Federal Arbitration Act will govern the interpretation and enforcement of the arbitration provision in Section 14.
13.2 No Waiver of Rights.
Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. Virtutone reserves all of its rights at law and equity to proceed against anyone who uses its services or device illegally or improperly. All determinations by Virtutone under these Terms of Sale and exercise of its rights are made and done in our sole and absolute discretion.
13.3 Survival.
The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive.
13.4 No Third Party Beneficiaries.
If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any other third party beneficiary rights.
13.5 Legal Age.
You promise that you are of legal age to enter into this agreement and that you have read and understand fully its terms and conditions.
13.6 Entire Agreement.
This agreement, including any future modifications to its terms, and the rates for services found on our web site constitute the entire agreement between you and Virtutone. This agreement governs your use of our service, and the use of our services by the members of your household and your guests and employees. This agreement supersedes any prior agreements between you and Virtutone. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
13.7 Severability.
If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-
enforceability will not invalidate or render unenforceable any other portion of this 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.
14.1 Arbitration.
Virtutone and you agree to arbitrate any and all disputes and claims between you and Virtutone. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to: disputes and claims arising out of or relating to any aspect of the relationship between you and Virtutone, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to "Virtutone," "us" and "you" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this agreement or any prior agreements between you and Virtutone.
14.2 Informal Resolution of Disputes.
Our Customer Care Department can resolve most customer concerns quickly and to the customer's satisfaction. If you have a dispute or claim against us, you should first contact the Virtutone Customer Care Department by telephone at 1-780-702-5777 ext 112 or by email at info@virtutone.com. In the event your dispute or claim is not resolved to your satisfaction, you may seek to have that dispute or claim resolved as set forth below.
14.3 Formal Notice of Disputes.
A party who intends to seek arbitration must first send to the other party a written Notice of Dispute.
- A Notice of Dispute to Virtutone must be sent to Virtutone:
- by certified mail addressed to: Virtutone, #240, 2181 Premier Way, Sherwood Park, AB Canada T8H 2V1
- by email addressed to info@virtutone.com
- A Notice of Dispute to you must be sent to you:
- by certified mail at the last mailing address that you registered with Virtutone; or
- by email addressed to you at the last email address you registered with Virtutone.
- The Notice of Dispute must:
- describe the nature and basis of the dispute or claim; and
- set forth the specific relief sought.
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.
The arbitration shall be administered by the American Arbitration Association ("CAA"). You may contact the CAA by telephone at 1-800-856-5154, by email at info@canadianarbitrationassociation.ca, or by mail at 112 Adelaide Street East, Toronto, ON, M5C 1K9. The arbitration shall be administered by the CAA's arbitration rules, which are available at canadianarbitrationassociation.ca
14.5 Location and Procedure of Arbitration.
Unless you and Virtutone mutually agree otherwise, all hearings conducted as part of the arbitration shall take place at a location, convenient to you, in the county or parish of your billing address. If your claim is for $10,000 or less, you or Virtutone may request that the arbitration be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim is in excess of $10,000, the right to a hearing will be determined by the AAA Rules.
14.6 Fees and Costs.
The parties shall be jointly and severally responsible for the payment of all accounts rendered by the CAA
14.7 Waiver of Jury Trial.
You and Virtutone agree that, by entering into this agreement, you and Virtutone are waiving the right to a trial by jury.
14.8 Waiver of Class Actions.
You and Virtutone agree that the arbitrator may award relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and Virtutone agree that you and Virtutone may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You and Virtutone agree that, unless you and Virtutone agree otherwise, the arbitrator may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a representative or class proceeding. Despite §13.7 or any other provision in this agreement to the contrary, if this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.
14.9 Statute of Limitations:
You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes which are subject to §9.6 of the agreement), or you waive the right to pursue a
claim based upon such event, facts, or dispute.
14.10 Exceptions to Arbitration Agreement:
You and we agree:
- you may take your dispute to small claims court, if your dispute qualifies for hearing by such court;
- if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement;
- you or we may take any disputes over the validity of any party's intellectual property rights to a court of competent jurisdiction;
- any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and
- either you or we may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of you or Virtutone, pending the completion of arbitration.
14.11 Modification of Arbitration Provision.
Despite §15 or any other provision in this agreement to the contrary, if Virtutone makes any substantive change to this arbitration provision, you may reject any such change and require Virtutone to adhere to the language in this 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.
16. PRIVACY
Virtutone Service uses, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Virtutone is not liable for any lack of privacy which you may experience from using our service. Please refer to our Privacy Policy for additional information, such as how we use your information and how you can opt out of receiving marketing messaging.
You authorize us 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
- 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.
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.
These third parties are not within our control. We do not review the content posted on our service to see if it includes illegal or impermissible content, nor are we under any obligation to conduct any review. However, we respect the copyright interests of others. It is our policy not to permit material we know infringes another party's copyright to remain on our service. If you believe any material on our service infringes a copyright, you should give us written notice.
Your notice should at a minimum contain the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All DMCA notices should be sent to our designated agent as follows: Virtutone Legal Department, at #240, 2181 Premier Way, Sherwood Park, AB Canada T8H 2V1
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.
^Top | Hide
Privacy Policy
Virtutone Networks Inc. ("Virtutone") is committed to your privacy. We obey all laws and regulations in the United States and Canada applicable to our use and disclosure of your information. Except as set forth in this Privacy Policy, we will not trade, sell, or disclose to any third party any form of PII (as defined below) without your consent and we will not disclose or make available any PII to any third parties seeking to market third party products without your consent. We have set forth this Privacy Policy to explain to you how we collect and use information from our customers who use services and products from Virtutone ("Customers") and from visitors to our web sites and from potential customers who have communicated, made contact or interacted with Virtutone ("Visitors"), both in connection with online and offline services and products offered by Virtutone.
Collection of Information
Virtutone shall collect personally identifiable information, including but not limited to name, physical address, email address, telephone number, credit card information and other personal information (collectively, "PII"), from Customers when initiating service and in connection with the provision or marketing of products and services. Virtutone may collect PII from Visitors in connection with any visit to our web sites, any communication about our services and products or other transactions or interactions with Virtutone.
Virtutone may also collect non-personally identifiable information from Customers and Visitors regarding usage of our services or our web site ("Non-PII"). Non-PII may include web site pages viewed, time spent using certain services, demographic data, cookies and other information which does not specifically identify any one individual.
"Cookies" are pieces of information that may be placed on your computer by a web site for the purpose of facilitating and enhancing your communication and interaction with that web site. Many web sites use cookies for these purposes. We may use cookies to customize your visit to our web sites and for other purposes to make your visit more convenient or to enable us to enhance our service.
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.
Anti-Spyware Policy
Virtutone believes that Spyware is a threat to consumer privacy and a consumer's experience online. Therefore, we forbid any Virtutone employee, agent, partner, affiliate or contractor from intentionally deploying or using Spyware (as defined in this policy) on behalf of Virtutone. Spyware refers to any executable software application that is installed on a user's personal computer and covertly gathers and transmits PII through the user's Internet connection without the knowledge or consent of the user. Cookies and web beacons are not considered Spyware. Spyware may gather PII, such as e-mail addresses and credit card information, and may even alter personal computer settings. Intentional use of Spyware by any Virtutone employee, agent, partner or affiliate on Virtutone's behalf will not be tolerated and will be considered grounds for dismissal, contract termination and/or loss of payment.
Use of Information
Virtutone will use PII (1) to market products and services to Customers and Visitors that Virtutone believes may be of interest to them, (2) to provide services and products requested by Customers and Visitors and (3) to enable its vendors and contractors to provide and assist Virtutone in the marketing and provision of such services and products to Virtutone, Customers or Visitors. However, we will not share your credit card information with any third parties unless they are involved in processing payments for services that you have purchased from Virtutone. Virtutone only works with partners whom we believe maintain high standards with respect to privacy and consumer rights.
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.
CPNI
In the course of providing services to you, we collect and maintain certain customer proprietary network information ("CPNI"). CPNI includes the types of services you currently purchase, related usage and billing information for those services. Your telephone number, name and address are not CPNI. We value our relationships with our customers and are committed to respecting and protecting your CPNI. Accordingly, we do not sell, trade or share your CPNI, including your calling records outside of Virtutone's family of companies or with anyone not authorized to offer our products or services, or to perform functions on our behalf except as authorized by you or required by law. Generally, we can use your CPNI to offer additional services to you, and for billing and collections purposes. We can also disclose your CPNI for legal or regulatory reasons, including in response to subpoenas and court orders. We can also use CPNI to investigate fraud and to prevent violation of our Terms of Service and unlawful use of our network, services and other customers.
Security
Virtutone has invested and deployed a wide variety of technology and security features to make reasonable efforts to ensure the privacy of information on its network. In addition, Virtutone has implemented operations guidelines to ensure Customer and Visitor privacy is safeguarded at every level of its organization. Virtutone will continue to revise policies and implement additional security features as new technologies becomes available. However, no system or service can give a 100% guaranty of security, especially a service that relies upon the public Internet. Therefore, you acknowledge the risk that third parties may gain unauthorized access to your information when using our services.
Communications
Virtutone will not read, listen to or disclose to any third parties private e-mail, conversations, or other communications that are transmitted using Virtutone services except as required to ensure proper operation of services or as otherwise authorized by law.
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.
Account Information
Subject to certain security requirements, Virtutone will do its best to honor requests from Customers for account information, for example, name, address, company, or billing information. The Customer is responsible for ensuring that the information on file with Virtutone is current and accurate.
Children's Privacy Policy
Virtutone does not sell products or services for purchase by children. Virtutone does not knowingly solicit or collect PII from children or teenagers under the age of eighteen. If you believe that a minor has disclosed PII to Virtutone, please click here to report this to us.
Virtutone Spam Policy
Virtutone has zero tolerance for spam. Spam complaints will be dealt with seriously and can result in losing Virtutone privileges.
Third Party Web Sites and Services
Our service may contain links to other web sites and services not maintained by Virtutone. In addition, other web sites and services may also reference or link to Virtutone. We encourage you to be aware when you leave our service, or surf the Internet, and to read the privacy statements of each and every web site and service that you visit. We do not endorse, screen or approve, and are not responsible for the privacy practices or the content of, such other web sites and services.
Virtutone does not assume any liability for third parties that have been provided with information as permitted by this Privacy Policy or who have collected information as permitted by this Privacy Policy (such as advertisers using third party cookies).
Opt-out Policy
If you do not want your PII used by Virtutone for any direct marketing purposes, then you may opt-out of such disclosures by calling us at 1-866-942-5777.
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
We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time by posting such changes here. You should review this policy regularly for changes, and can easily see if changes have been made by checking the Effective Date below. However, if at any time in the future we plan to use PII in a way that differs from this policy, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use following the posting of any changes to this policy means you accept such changes.
Terms of Service
For Customers, this Privacy Policy is subject to the Virtutone Terms of Service or other agreements between you and Virtutone. If you are a Customer, please refer to the Terms of Service or such other agreements regarding certain rights and limitations with respect to your use of Virtutone's services.
Questions
For common questions and answers regarding our privacy policy or to contact us, click here
Effective Date: This Privacy Policy was last updated on May 1st, 2011.
Hide