Terms of Service

1. The agreement

These terms form the agreement between you and VoIPService.ca for the supply of cloud telephone service. By ordering a number, activating an account or using the service you accept them. If you are agreeing on behalf of a company, you confirm that you have authority to bind it.

2. Emergency calling — read this first

Cloud telephone service does not behave like a traditional landline in an emergency. Please make sure everyone who uses your phones understands the following.

• 911 calling depends on power and on your internet connection. If either fails, or if your router or handset loses power, you will not be able to place a 911 call.
• Emergency operators receive the service address registered on the line, not your actual location. If you move a handset or softphone, you must update the registered address in your portal before using it.
• A number ported to us from another carrier may take time to appear correctly in emergency databases.
• Where these limitations are unacceptable, keep a mobile phone or a traditional line available as a backup.

You agree to notify every user of your service of these limitations and to accept responsibility for doing so.

3. Accounts and eligibility

The service is sold to businesses and organizations located in Canada. You must give accurate account and service-address information and keep it current. You are responsible for everything that happens under your credentials, including charges incurred by your staff or by anyone who obtains your credentials. Tell us immediately if you suspect unauthorized use.

4. Numbers and porting

Telephone numbers are a public resource administered under Canadian numbering rules. We assign numbers for your use for as long as your account is in good standing, but you do not own a number and it cannot be sold or transferred except by a valid port request. We will not unreasonably delay a port-out of a number that is active and paid up. Numbers on cancelled or suspended accounts may be reclaimed after the applicable aging period, and once reclaimed cannot be recovered.

5. Acceptable use

You may not use the service to:

• send unsolicited commercial messages or calls in breach of Canada’s Anti-Spam Legislation or the Unsolicited Telecommunications Rules;
• place automated, pre-recorded or robocall traffic without the consent the law requires;
• spoof or misrepresent calling-line identification for a deceptive or fraudulent purpose;
• harass, threaten, defraud or impersonate any person;
• resell the service, share a seat among multiple simultaneous users, or connect equipment that generates artificially inflated traffic;
• interfere with the network, attempt to gain unauthorized access, or use the service in a way that degrades it for other customers.

Unlimited and included allowances are intended for normal business conversation. Sustained use that is materially inconsistent with that pattern — for example continuous auto-dialling, call-centre termination on a standard seat, or traffic pumping — may be rate-limited, re-rated at our published per-minute rates, or suspended.

6. Call recording and monitoring

If you enable call recording you are solely responsible for complying with the law that applies to you, including any requirement to notify or obtain the consent of the parties to the call. We provide the tool; we do not provide legal advice about when you may use it. You are also responsible for controlling who inside your organization can listen to, download or delete recordings.

7. Your equipment and connection

You supply the internet connection, router, handsets and computers used with the service, and you are responsible for their configuration, power and security. Voice quality depends on the capacity, latency and stability of your connection, which we do not control. We are happy to advise on requirements but we cannot warrant call quality over a connection we do not provide.

8. Fees, billing and taxes

Recurring charges are billed monthly in advance and usage charges in arrears, in Canadian dollars, unless your order says otherwise. Applicable federal and provincial taxes and regulatory contributions are added to your invoice. Invoices are due on receipt; overdue balances may bear interest at the rate shown on the invoice and may lead to suspension after notice.

There is no fixed term unless you have signed one. You may cancel at any time before the start of your next billing cycle. Charges already incurred, including usage and hardware, remain payable, and monthly fees already billed are not refunded on a partial month.

9. Availability and service credits

We target 99.99% availability of the core voice platform, measured monthly and excluding scheduled maintenance, your own connection or equipment, and events beyond our reasonable control. Where we fall short and you ask us in writing within thirty days, we will apply a credit against the affected monthly fee. Service credits are the sole remedy for missed availability targets.

10. Suspension and termination

We may suspend or terminate the service without prior notice where there is fraud, toll abuse, a threat to network integrity, a legal or regulatory requirement, or non-payment that remains unresolved after notice. Where circumstances allow we will contact you first and give you an opportunity to correct the problem. You may terminate at any time from your portal or in writing.

11. Changes to the service and to these terms

Telecommunications services change as networks, suppliers and regulations change. We may modify features, rates or these terms with at least thirty days’ notice by email or through your portal. If a change is materially adverse to you, you may cancel without penalty before it takes effect. Continuing to use the service after that date means you accept the change.

12. Warranties

We provide the service with reasonable skill and care. Apart from that, and apart from any warranty that cannot lawfully be excluded, the service is provided as is. We do not warrant that it will be uninterrupted or error-free, that every call will connect, or that it will be fit for a purpose we have not agreed to in writing.

13. Limitation of liability

Neither party is liable for indirect, incidental, special or consequential loss, or for lost profits, lost revenue, lost data or business interruption. Our total liability arising out of the service in any twelve-month period is limited to the fees you paid us for the service in the three months before the event giving rise to the claim. Nothing in these terms limits liability for fraud, willful misconduct, bodily injury or anything else that cannot be limited by law.

14. Indemnity

You will indemnify us against claims, fines and reasonable costs arising from your use of the service in breach of these terms, from content you transmit, from your call-recording practices, or from your failure to give users the emergency-calling notice in section 2.

15. Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of this agreement.

16. Governing law and language

This agreement is governed by the laws of the Province of Quebec and the federal laws of Canada that apply there, and the courts of the judicial district of Montreal have jurisdiction. The parties confirm their wish that this agreement and all related documents be drawn up in English. Les parties confirment leur volonté que la présente entente et tous les documents s’y rattachant soient rédigés en anglais.

17. Contact

VoIPService.ca
Email: support@voipservice.ca
Telephone: 855.299.VOIP (855.299.8647)
Montreal, Quebec, Canada