The following terms and conditions of use (the "Terms of Service"), upon acceptance during the account creation process or deemed acceptance through the use of the associated Voice over Internet Protocol (VoIP) products or services (the "Services"), constitute a binding agreement between LitenSten Group Communications Inc. ("LitenVoice") and the user of the Services ("you" or the "Customer"). By your acceptance of these Terms of Service, you represent that you are of legal age to enter into this agreement governing your use of services, and that you have read and understand these Terms of Service. If you accepting these Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Service. DO NOT ACCEPT THESE TERMS OF SERVICE AND DO NOT USE THE SERVICES IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE.
LitenVoice reserves the right to amend these Terms of Service, including rates and additional charges, at any time upon thirty (30) days' notice. LitenVoice will notify you of such amendments by posting notice of the amendment at https://www.litenvoice.com/home/termsofservice, and by sending you written or email notification that the Terms of Service are to be amended, and providing a link to where the amended Terms of Service may be consulted. You agree to consult any amendments notified to you in accordance with the directions received on your monthly invoice or email invoice notice. In the event you choose not to accept the amended Terms of Service, your sole remedy is to cancel the Services, effective at the end of your then-current billing period. Your continued use of the Services following the thirty (30) day notice period shall be deemed to be your acceptance of the amended Terms of Service and your agreement to pay for the Services in accordance with the amended Terms of Service on a going-forward basis.
1. ENHANCED 911 DIALING SERVICE back to top
LitenVoice offers enhanced 911 ("E911") service which delivers your last updated physical address information to your local public safety answering point ("PSAP") when 911 is dialed. E911 service is subject to the limitations set out in this Section 1 below.
1.1 Confirmation of Address
The Services are not intended for nomadic usage. You agree to update LitenVoice with your physical address information on each occasion that you utilize the Services at a location other than your billing address for the Services. If you fail to update LitenVoice of such nomadic use of the Services, your correct location will not be communicated to the PSAP, and you hereby release LitenVoice of any liability associated with LitenVoice's inability to direct an E911 call to the correct PSAP in accordance with Section 1.5.
1.2 Disclosure of Address Information
You authorize LitenVoice to disclose your name and address to third-parties involved in providing E911 services, including, without limitation, call routers, call centers and local emergency centers.
1.3 Service Outages
Due to the nature of VoIP networks, LitenVoice cannot guarantee that E911 services will be consistently available. Loss of power, internet access and or several other conditions may cause E911 services to be unavailable. You acknowledge and agree that you have alternative means of contacting the PSAP in the event that the Services are unavailable for any reason, and you release LitenVoice from any liability related to such unavailability of E911 services in accordance with Section 1.5.
1.4 Conveying Limitations to other parties
You acknowledge and agree that you will notify any parties that may use the Services purchased by you from LitenVoice of the above E911 limitations. You indemnify LitenVoice from any claims made by such parties resulting from the unavailability or limitations of E911 over the Services in accordance with Section 1.5.
1.5 Disclaimer of Liability and Indemnification
Neither LitenVoice nor its officers, directors, employees, affiliates or representatives (the "LitenVoice Indemnitees") may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to the provision or lack thereof of E911 as part of the Services, unless such claims or causes of action arose from our gross negligence or wilful misconduct. You shall defend, indemnify, and hold harmless the LitenVoice Indemnitees from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Services, including E911 services, incorrectly routed E911 calls, and/or the inability of any user of the Services to be able to use E911 or access emergency service personnel.
2. PROVISION OF SERVICES back to top
LitenVoice will provide you with Services and a rented VoIP telephone adapter (the "Adapter") to make and receive telephone calls from a telephone connected at your premises. Services are offered on a monthly basis, commencing on the date that LitenVoice activates your Services and ending on the day before the same date in the following month.
2.1 Long Distance Services
Where applicable, the Unlimited Canada and United States calling package does not include calls to Alaska, Hawaii, the Yukon Territory, Northwest Territories or Nunavut. Long distance calls to destinations not covered as part of the Unlimited Canada and US calling package are subject to additional long distance charges. LitenVoice may modify such long distance rates from time to time upon notice and with immediate effect. Current long distance rates are available at http://www.litenvoice.com/home/callingrates.
2.2 Additional Features and Charges
The Customer may also purchase call management services and other value-added features from LitenVoice for the applicable additional charges invoiced either monthly or on a per-use basis. Value-added features include permanent call forwarding, toll-free number(s), and remote dialing. Additional charges may also apply for government mandated services such as message relay services or E911 services, and for tolled services including calls to 900 or 976 exchange telephone numbers.
LitenVoice will supply, install, repair and maintain all facilities and equipment necessary to provide the Services up to the service demarcation point, where the Services interconnect with the facilities or equipment owned by you. All LitenVoice equipment will remain the property of LitenVoice and must be returned to LitenVoice upon termination of the Services for any reason. LitenVoice may charge you for all excess work and equipment required in order to supply the Services to your premises. LitenVoice may also charge you for any damages to LitenVoice supplied equipment, or for the reasonable replacement value of any unreturned or unrepairable equipment. LitenVoice is not responsible for the maintenance or repair of any facilities or equipment owned by you.
2.4 Telephone Numbers
Neither LitenVoice nor the Customer own or have any property rights in any telephone numbers (excluding toll free numbers) assigned by LitenVoice to you in connection with the Services. LitenVoice may change such telephone numbers, where LitenVoice reasonably determines that such change is necessary or where such change is mandated by a regulatory authority.
You agree to provide LitenVoice, or its agents and employees, with such access to the property and premises where the Services are to be provided as is needed in order to install the Services, inspect the facilities and equipment used to provide the Services, and to perform maintenance work. LitenVoice will provide you with reasonable notice of any such required access, except in cases of emergency.
2.6 Service Limitations
LitenVoice reserves the right to refuse to provide the Services where the provision of such Services would necessitate unusual expenses, or where the provision of Services is impractical because LitenVoice cannot reasonably acquire the necessary equipment, facilities or rights. LitenVoice reserves the right to make changes to its infrastructure or service offerings at any time.
The Services do not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900 or calling card calls). The Services may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911, which are provided for in Section 1 of these Terms of Service).
The phone numbers associated with the Services may not be listed in any traditional telephone directories.
The Services are not compatible with some security systems. You may be required to maintain a separate traditional telephone connection in order to use the security system installed in your home or business. You are responsible for contacting the security system company to test the compatibility of their systems with the Services.
LitenVoice will enforce all then-current rules mandated by the CRTC or other applicable regulatory organization on Automatic Dialing-Announcing Devices (ADAD) and unsolicited voice and facsimile calls made for the purposes of solicitation. It is the Customer's responsibility to ensure that its use of the Services does not contravene any of these rules. LitenVoice reserves the right to suspend or terminate Services used in connection with calls that contravene these rules upon two (2) days' notice.
2.7 Requesting Service
Upon ordering the Services, you must provide LitenVoice with a location at your premises where the Services are to be installed, and allow LitenVoice to enter your premises in order to install LitenVoice's facilities and equipment. You agree to pay any unusual expenses required to install LitenVoice Services to your premises, provided that LitenVoice make you aware of such expense in advance, and provided that you have the option of cancelling your order for Services rather than pay such additional expense.
You must supply all facilities and equipment necessary to connect your facilities and equipment to the Services, including all wiring inside your premises up to the demarcation point, and all telephone terminal equipment. All facilities and equipment you supply must meet the technical standards for certification established by Industry Canada. If electrical power is required to provide the Services, you must supply the power at no charge to LitenVoice. If battery backup is required to ensure continuous access to the Services, you are responsible for verifying the power level of the backup battery and replacing it immediately if the remaining charge falls below the recommended minimum level.
If you cancel a request for Services after installation work has started, except as provided above, you will be charged the reasonable costs incurred by LitenVoice up to the time of termination, including the cost of labour and any other expenses resulting from the installation and removal work.
2.8 Acceptable Use and Fair Usage
You may not resell the use of the Services without the express written consent of LitenVoice. You may not re-arrange, disconnect, remove, or otherwise interfere with any LitenVoice facilities or equipment. We reserve the right to immediately disconnect, modify or suspend your Services if we determine, in our sole discretion, that your use of the Services at any time was inconsistent with normal business usage patterns or you exceed the fair usage limits set out below. Calls included in the Canada & US calling package have a maximum call duration of three (3) hours per call, after which time the call will be disconnected. The Unlimited Canada & US calling package will be monitored for excessive usage, and LitenVoice reserves the right to suspend the Services where excessive usage is detected, as determined in the sole discretion of LitenVoice.
2.9 Termination and Suspension
The Services are provided on a monthly basis and will automatically renew for subsequent months until you provide LitenVoice with at least twenty (20) days' written notice of non-renewal before the end of the then-current monthly term, or until they are terminated by LitenVoice in accordance with these Terms of Service. Service which are terminated with less than twenty (20) days' remaining before the subsequent monthly term will be subject to charges for the entire subsequent monthly term, regardless of whether the Services were available for the Customer's use during this whole period. Expiration of the term or disconnection of Services will not excuse you from paying all accrued and unpaid charges due to LitenVoice.
If you terminate the Services or if LitenVoice terminates the Services for any of the reasons listed below, you may be required to pay a reconnection fee to have the Services reconnected.
LitenVoice may suspend the Services if you contravene any material provision of these Terms of Service, including your obligation to pay for the Services as contemplated herein. LitenVoice may terminate the Services: (i) if you do not remedy any breach of these Terms of Service within fifteen (15) days of receiving written notice of the breach from LitenVoice, (ii) if you become bankrupt, insolvent or, if you are acting on behalf of a legal entity, if a receiver is appointed to manage the affairs of your business, or (iii) for any reason, upon thirty (30) days' written notice to you. Upon termination of the Services, LitenVoice shall have no obligation to maintain any call log, contact information or other content related to your use of the Services and you agree that all such information and content may be deleted immediately without notice to you.
3. BILLING AND PAYMENT back to top
LitenVoice will provide you with a monthly invoice in electronic format setting forth the applicable charges for use of the Services. Regularly recurring charges are invoiced and charges incurred on a per-use basis are invoiced in arrears. If your invoice is lost or if you do not receive an invoice, you are responsible for contacting LitenVoice to request a replacement and for making the required payment to LitenVoice. You are responsible for all charges properly invoiced by LitenVoice to your account, regardless of who placed or accepted the calls. You may dispute charges for calls you do not believe originated or were accepted at any telephone terminal equipment providing access to the Services, but you are responsible for the security of such equipment and for demonstrating that such equipment was properly secured at the time the calls were made. LitenVoice reserves the right to correct any unbilled or under-billed charge within one year from the date such charges were incurred. You must raise any dispute relating to the charges or credits on your account within ninety (90) days after receiving the invoice that includes the charge or credit, or else you will be deemed to have accepted such charges or credits.
3.1 Payment for the Services
All invoices are due upon receipt by you. Invoices made available through the Internet are deemed to have been received when they are transmitted. Charges not paid within thirty (30) days of the due date shown on your invoice will incur a late payment charge of 2% per month (26.82% per year), calculated as of the invoice date for those charges. Administrative and collection charges may apply if your account goes into arrears, including as a result of returned or rejected payments or your failure to inform LitenVoice of any change to your account information for pre-authorized payments.
3.2 Deposit Requirements
LitenVoice may require that you post a non-interest bearing refundable security deposit prior to the Services being provided. Upon termination of the Services, or where the conditions justifying the security deposit no longer apply, LitenVoice will refund any outstanding security deposit, with the exception of those amounts currently owing on your account.
4. CONFIDENTIALITY AND PRIVACY back to top
All information you have provided to LitenVoice will be treated as confidential, subject to the following provisions.
For the purposes of this Section 4, the Customer is the person or business whose name appears on the LitenVoice invoice for a particular account. If the Customer is a legal entity, the Customer is such legal entity, in addition to any person who, in the reasonable judgment of LitenVoice, is a representative of the company authorized to receive and consent to release of confidential information.
Unless you provide express consent or disclosure is pursuant to a legal power, all information kept by LitenVoice in your regard is confidential and may not be disclosed by LitenVoice to anyone other than: you; a person who, in the reasonable judgment of LitenVoice, is seeking the information as your agent or representative; another telephone company, provided the information is required for the efficient and cost effective provision of the Services and disclosure is made on a confidential basis with the information to be used only for that purpose; a company involved in supplying you with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; an agent retained by LitenVoice to evaluate your creditworthiness or in the collection of your account, provided the information is required for and is to be used for that purpose; a public authority or agent of a public authority, if in the reasonable judgment of LitenVoice it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information; a public authority or agent of a public authority, for emergency public alerting purposes, if a public authority has determined that there is an imminent or unfolding danger that threatens the life, health or security of an individual and that the danger could be avoided or minimized by disclosure of information; or an affiliate of LitenVoice, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose. Express consent may be taken to be given by you where you provide: written consent; oral confirmation verified by an independent third party; electronic confirmation through the use of a toll-free number; electronic confirmation via the Internet; oral consent, where an audio recording of the consent is retained by LitenVoice; or consent through other methods, as long as an objective documented record of your consent is created by you or by an independent third party.
Despite the restrictions contained in these Terms of Service, LitenVoice may disclose confidential customer information if LitenVoice is ordered to disclose the information by a court or administrative tribunal of competent jurisdiction, or is otherwise legally empowered to disclose the information.
LitenVoice is authorized to have access to and to make use of any personal information for the term of these Terms of Services, as is appropriate for the performance by LitenVoice of its obligations hereunder. However, the Customer will be the controller of its personal information for purposes of all applicable laws relating to data privacy, transborder data flow and data protection (collectively, the "Privacy Laws"), and nothing in these Terms of Service will restrict or limit in any way the Customer's rights or obligations as controller of personal information for such purposes. Without limiting the foregoing, the Customer acknowledges and agrees that, to the best of its knowledge and belief, it has obtained all necessary authorizations and consents required under Privacy Laws to permit LitenVoice to process personal information in providing the Services. Personal information collected in connection with the provision of the Services may be stored and processed in or outside Canada and may be subject to the laws of other jurisdictions.
You may request that LitenVoice provide any of your personal or confidential information in LitenVoice's possession, and LitenVoice will provide such information upon sufficient advance notice and detail of the information sought to allow LitenVoice to comply with the request.
5. GENERAL TERMS back to top
You are responsible for any damages to LitenVoice's facilities or equipment located on your property and premises howsoever caused, including by your use of the property or premises, or by the actions of any person whether authorized or not to be on the property or premises. You agree to carry liability insurance sufficient to cover you for any such damages.
You hereby indemnify LitenVoice from all losses, expenses and all manner of actions, claims and judgments sustained by or made against LitenVoice in connection with your use or misuse of the Services, or your violation of these Terms of Service.
5.2 No Warranties
Except as specifically provided in these Terms of Service, LitenVoice makes no express or implied warranty or condition, whether of merchantability, fitness for a particular purpose, or otherwise, with respect to any Services, product or equipment provided to you by LitenVoice. There are no representations, warranties, covenants, agreements or collateral understandings, oral or otherwise, expressed or implied, affecting the Services which are not expressly set forth in these Terms of Service.
5.3 Limitation of Liability
LitenVoice's liability to the Customer under or in connection with the Services, if any, shall not exceed the total monthly charges for the Service(s) connected to the incident(s) that gave rise to the liability. LitenVoice's liability to the Customer, if any, shall be limited to direct damages and in no event shall LitenVoice be liable for lost profits, loss of data, economic loss, down time costs, costs of substitute goods or services, lost goodwill, loss from work stoppage, costs of overhead, loss of anticipated benefits hereunder, or any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (even if LitenVoice has been advised of the possibility of such damages), arising out of or in any way connected with these Terms of Service. These limitations apply to all causes of action, including those arising from breach of contract and tort (including negligence).
Any unresolved dispute arising out of the provision of the Services by LitenVoice or relating in any way to these Terms of Service, except for any dispute relating to charges owing for the Services, may be referred to a single mediator chosen by the parties. The fees of the mediator shall be shared equally by the parties. By agreeing to mediation of disputes, you waive any right you may have to commence or participate in any class action against LitenVoice, to the extent the waiver of such rights is permitted by applicable law. Notwithstanding the foregoing, nothing in theses Terms of Service prevents a party from seeking an immediate court injunction against the other party's breach or threatened breach of these Terms of Service.
The laws of the Province of British Columbia and the federal laws and regulations of Canada applicable therein shall govern the interpretation and enforcement of these Terms of Service. You may not assign or transfer these Terms of Service without LitenVoice's prior written consent. If any provision of these Terms of Service is deemed to be prohibited or unenforceable, the remaining Terms of Service shall apply and be construed in those circumstances as if such provision had never been written. No waiver of any term or provision of these Terms of Service, or of any breach or default by the Customer will be valid unless in writing and signed by LitenVoice. These Terms of Service set forth the entire agreement and constitutes the entire understanding between LitenVoice and you with respect to the Services, and supersedes and replaces all previous discussions, negotiations and agreements.
Please contact us at firstname.lastname@example.org if you have questions regarding Terms of Service or wish to obtain additional information.
END OF AGREEMENT