|ALLDAYTALK SERVICE TERMS AND CONTRACTS|
|These Terms and contracts constitute the agreement ("Agreement") between TIEUS Technology Corp. (or, for Customers subscribing to services in Canada, TIEUS Technology Corp.) ("we," "us" or "TIEUS") and the user ("you," "user" or "Customer") of TIEUS's enhanced Residential communications services and any related products or services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection device, ("Device" or "Equipment") used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.|
Service is offered on a monthly basis, but first month charge is calculated proportionally based on the number of days and usage since initial sign up. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give TIEUS written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.
1.2. Residential Use of Service and Device
If you have subscribed to TIEUS's Residential services, the Service and Device are provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from TIEUS in advance. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any commercial or governmental purpose will obligate you to pay TIEUS's higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. TIEUS reserves the right to immediately terminate or modify the Service, if TIEUS determines, in its sole discretion, that Customer's Service is being used for non-residential or commercial use.
1.2.1 Prohibited Uses
You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in TIEUS's sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, province , national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. TIEUS reserves the right to terminate your service immediately and without advance notice if TIEUS, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable and may at TIEUS's discretion be immediately charged to your credit card. You are liable for any and all use of the Service and/or Device by yourself and by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless TIEUS against any and all liability for any such use. If TIEUS, in its sole discretion believes that you have violated the above restrictions, TIEUS may forward the objectionable material, as well as your communications with TIEUS and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
1.2.2 Use of Service and Device by Customers Outside the Canada .
While we encourage use of the Service within the Canada only, TIEUS does not presently offer or support the Service to customers located in other countries. If you remove the Device to a country other than Canada and use the Service from there, you do so at your own sole risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all such use of the Service and/or Device by yourself or any person making use of the Service or Device provided to you and agree to indemnify and hold harmless TIEUS against any and all liability for any such use. Should the removal from Canada of the Device violate any export control law or regulation, you will be solely liable for such violation and agree to indemnify and hold harmless TIEUS against any and all liability for such violation. TIEUS reserves the right to terminate your Service immediately and without advance notice if it determines that you are using it outside Canada.
1.3 Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by TIEUS or other possible reasons
You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by TIEUS) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider ("ISP") and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or TIEUS terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Should TIEUS suspend or terminate your Service, the Service will not function until such time as TIEUS restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).
You also acknowledge and understand that if there is a service outage for ANY possible reasons, such outage will prevent ALL Service. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.
1.4 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Alldaytalk.com website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of TIEUS are and shall remain the exclusive property of TIEUS and nothing in this Agreement shall grant you the right or license to use any of such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that TIEUS will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. If you decide to use the Service through an interface device not provided by TIEUS, which TIEUS reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless TIEUS against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
1.5 Tampering with the Device or Service.
You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from TIEUS in each instance which TIEUS may deny in its sole discretion. TIEUS reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable. You agree not to hack or disrupt the service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.
1.6 Theft of Service
You agree to notify TIEUS immediately, in writing or by calling the TIEUS customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as TIEUS receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.
1.7 Return of Device
The Device may be returned to TIEUS within fourteen (14) days of the termination of Service to receive a credit for the $100 deposit, provided: (i) you have retained, and return along with the Device, proof of purchase and original packaging; (ii) contents are undamaged and in original condition, reasonable wear and tear excluded; (iii) all parts, accessories, documentation and packaging materials are returned; and (iv) equipment is returned with a valid return authorization number obtained from TIEUS's customer care department. You are responsible for the cost and risk of return shipping of equipment. If you receive cartons and/or Devices that are visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep a copy. In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were received from the carrier and contact TIEUS's customer care department immediately. To obtain a return authorization number, you must contact care@TIEUS.com or 604-606-0668.
1.8 Service Distinctions
You acknowledge and understand that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by TIEUS. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before CRTC.
1.9 Ownership and Risk of Loss
You shall be deemed the owner of the Device, and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned by you pursuant to Section 1.7 and has been received by TIEUS.
1.10 No 0+ Calling; May Not Support x11 Calling
TIEUS's Service does not support 0+ calling (including without limitation collect, third party billing or calling card calling). TIEUS's Service may not support 311, 511 and/or other x11 (411 is included at $1.50 per call) services in one or more (or all) service areas.
|2. EMERGENCY SERVICES- 911|
|22.1 NEW 911 Service Agreement
Basic 911 Service is offered to TIEUS customers in the Area of Service.
The Area of Service is defined as all locations where TIEUS local access numbers are provided in Canada.
When you dial 911 from your TIEUS phone you will be transferred to an operator for assistance. The operator will have your municipal address on file as per our records and direct your call to the local authorities based on your municipal address. If your municipal address is not in the Area of Service, 911 service may not operate properly or may not be able to help you.
It is your responsibility to ensure we have your correct municipal address and if you move or change your municipal address to update your correct address by logging into your account on our website. If you are traveling with your TIEUS device, 911 service may not operate properly or may not be able to help you. From you regular landline phone when you dial 911, the operator knows your physical location and can send the authorities based on the location of the physical phone line. This is not the case with the TIEUS phone service. TIEUS customers can have service outages due to problems with their Internet Service Provider (ISP), Power failure, suspension of account due to billing or payment issues, and intermittent network failure. If there is a service outage, 911 service WILL NOT BE FUNCTIONAL . First time set up 911 address is free. If new address update needed, customer need to contact customer service or online updated by login to customer’s web account. Please also allow at least 3 days for new address to become effectively.
2.2 YOU ACKNOWLEDGE AND AGREE THAT TIEUS ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS, WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING TO THE 911 SERVICE RELATED TO TIEUS AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TIEUS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS) FOR ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES AND EXPENSES, (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) WHICH YOU MAY SUFFER OR INCUR, ARISING DIRECTLY OR INDIRECTLY OUT OF OR RELATING TO YOUR FAILURE TO OBTAIN.
|3. CHANGES TO THIS AGREEMENT|
|TIEUS may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the "Service Announcements" section of TIEUS's website (currently located at http://www.alldaytalk.com ). Such changes will become binding on Customer, on the date posted to the alldaytalk website and no further notice by TIEUS is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of the Device and also supersedes any written terms provided to Agent and Reseller?? Customers in connection with Agent and Reseller?? distribution, including without limitation any written terms enclosed within the packaging of the Device.
|4. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION|
You must give us a valid credit card number (Visa, MasterCard, or any other issuer then-accepted by TIEUS) when the Service is activated. TIEUS reserves the right to stop accepting credit cards from one or more issuers. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise TIEUS at once. We will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which TIEUS decides to bill in arrears) to your credit card, including but not limited to: activation fees, monthly Service fees, international usage charges, advanced feature charges, equipment purchases, and shipping and handling charges. TIEUS reserves the right to bill at more frequent intervals if the amount due at any time exceeds $50. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on TIEUS.COM website.
4.2 Billing Disputes
You must notify TIEUS in writing within 7 days after receiving your credit card statement if you dispute any TIEUS charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address:
Customer Care Billing Department
TIEUS Technology Corp.
310-1200 W.73 Ave. Vancouver, BC V6P 6G5 Canada
TIEUS accepts payments only by credit card as set forth in Section 4.1. Your initial use of the Service authorizes TIEUS to charge the credit card account number on file with TIEUS, including any changed information given TIEUS if the card expires or is replaced, or if you substitute a different card, for TIEUS charges as set forth in Section.
4.3.1. This authorization will remain valid until 30 days after TIEUS receives your written notice terminating TIEUS's authority to charge your credit card, whereupon TIEUS will charge you any other outstanding charges at termination of the Service. TIEUS may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with TIEUS is declined or reversed, your credit card expires and you have not provided TIEUS with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you FULLY LIABLE to TIEUS for ALL CHARGES ACCRUED BEFORE TERMINATION and for all costs incurred by TIEUS in collecting such amounts, such as (but not limited to) collection costs and attorney's fees.
4.4 Termination/Discontinuance of Service
TIEUS reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If TIEUS discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of TIEUS or of a third party provider to which TIEUS is subject), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable.
You are responsible for, and shall pay, any government , provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you shall provide TIEUS with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status. Tax exemption will only apply from and after the date TIEUS receives such certificate.
4.6 Satisfaction Guarantee; Limitations and Conditions
4.6.1 TIEUS offers a 14-day Satisfaction Guarantee Period from your sign update which applicable only to User's first-ordered line per account, not to additional or secondary lines. Under terms of this Satisfaction Guarantee, TIEUS refunds the activation fee, first month of service or its portion, and deposit, provided the terms described below are satisfied. Government excise taxes and any other applicable taxes cannot be refunded. TIEUS reserves the right to terminate or revoke this Satisfaction Guarantee at any time, without prior notice.
In order to be entitled to this Satisfaction Guarantee, User (i) must cancel service within the number of days in the Satisfaction Guarantee Period after the account activation; (ii) must return all Devices within 14 days after cancellation;
iii) User remains responsible for any charges for long distance amount included within the Plan to which User subscribes, international usage, THIS SATISFACTION GUARANTEE DOES NOT APPLY TO ACCOUNTS LONG DISTANCE CHARGE OF USAGE AND SUCH ACCOUNTS ARE NOT ELIGIBLE FOR REFUND OF ANY OF THE CHARGES DESCRIBED HEREIN. iv) All returned Devices must be in the original packaging with the UPC or bar code intact. All components, manuals and registration card(s) must be included. Equipment must be returned with a valid return authorization number obtained from TIEUS customer care. To obtain a return authorization number, User must contact 604-606-0668 v) User is responsible for the cost and risk of return shipping of equipment. THE SATISFACTION GUARANTEE WILL NOT BE HONORED IF USER FAILS TO MEET ALL SUCH REQUIREMENTS.
4.7 Contract Term and Early cancellation fees
Alldaytalk services are sold on the following basis and may be applied to early cancellation fees.
4.7.1. Term Contracts: 2 years contracts. Early cancellation fees will be applied. The Early cancellation fee will be the total difference between the regular month to month rental package rate and the special contract rate times the actual months of service by customer.
4.7.2. No Contract: Subscriber may cancel service without early cancellation fees. Alldaytalk may increase rates at any time by providing Subscriber with 30 days notification.
|5. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION|
5.1 Limitation of Liability
|6. GOVERNING LAW / RESOLUTION OF DISPUTES|
|6.1 Entire Agreement
This Agreement and the rates for Services found on TIEUS's website constitute the entire agreement between you and TIEUS and govern your use of the Service, superseding any prior agreements between you and TIEUS and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon TIEUS unless and until posted in accordance with Section 1 hereof.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
|Last Updated: Oct 22, 2009|