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"Talk2 helped me familiarize myself with the new system
before the switchover was complete."
R.S.
- Louisville, Kentucky |
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.Terms and
Conditions of Use |
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These Terms of Service constitute the agreement
("Agreement") between Talk2. ("we," "us" or "
Talk2 ") and the user ("you", "user", "customer") of
Talk2 's residential and small business
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. If you purchased Equipment
from a retail store, dealer or other provider other than
Talk2, you are a "Retail Customer" for purposes of
this Agreement.
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Monthly Term
Service is offered
on a monthly basis for a term that begins on the
date that we activate your Service and pro-rates
to next billing cycle. Billing cycles are from
the 1st of the month till the end of the month
in question. Payment is due on receipt of
invoice and customer gives Talk2 authorization
to bill credit card on file for any due amounts.
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Residential Usage
The Service should
not be used for any kind of auto dialer,
predictive dialer, fax broadcasting or any other
bulk grey market activity. We reserve the right
to disconnect any account if we determine, in
our sole and absolute discretion, that your use
of the Service or the Device is, or at any time
was, inconsistent with normal residential usage
patterns. Any activity that we determine, in our
sole and absolute discretion being other then
residential usage will be automatically and
retroactively converted to a corporate account
and all fees will be due on receipt of invoice.
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Corporate Usage
The Service should
not be used for any kind of auto dialer,
predictive dialer, fax broadcasting or any other
bulk grey market activity. We reserve the right
to disconnect any account if we determine, in
our sole and absolute discretion, that your use
of the Service or the Device is, or at any time
was, inconsistent with normal corporate usage
patterns.
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Use of Service and Device by Customers Outside
Canada and the United States
Although we
encourage you to use the Service to place calls
to foreign countries from within Canada and the
United States, and to use your adapter to make
calls while outside of Canada and the United
States, we do not presently offer or support the
Service in any countries other than the United
States and Canada. If you use the Service or the
Device outside of the United States or Canada,
you will be solely responsible for any
violations of local laws and regulations
resulting from such use.
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Number Transfer on Service Disconnection
Upon Service
disconnection, we may, in our sole and absolute
discretion, subject to applicable law, release
to your new service provider the telephone
number that you ported (transferred or moved
over) to us from your previous service provider
and used in connection with your Service if: -
such new service provider is able to accept such
number;
- your account has been properly terminated;
- your account is completely current, including
payment for all; and
- you request the transfer upon disconnecting
your account.
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Incompatibility with Other
Services
(a)
Home Security Systems.
The Service may not be compatible with home
security systems. You may be required to
maintain a telephone connection through your
local exchange carrier in order to use any alarm
monitoring functions for any security system
installed in your home or business. You are
responsible for contacting the alarm monitoring
company to test the compatibility of any alarm
monitoring or security system with the Service.
(b) Certain Broadband and Cable Modem
Services. You acknowledge that the
Service presently is not compatible with prior
versions of the AOL broadband service and there
may be other services with which the Service may
be determined to be incompatible. You further
acknowledge that some providers of broadband
service may provide modems that prevent the
transmission of communications using the
Service. We do not warrant that the Services
will be compatible with all broadband services
and expressly disclaim any express or implied
warranties or conditions regarding the
compatibility of the Service with any particular
broadband service.
(c) Third Party software/hardware
solutions. You acknowledge that the
Service presently can or cannot be compatible
with third party solutions including but not
limited: Asterisk@home, Trixbox, FreePBX,
Freeswitch, or any application not shown on our
website. Any support for these connections will
be charged at the going rate shown on our
websites.
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Taxes
You are responsible
for all applicable federal, provincial,
municipal, local or other governmental sales,
use, excise, value-added, personal property,
public utility, goods and services, harmonized
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 must provide us with
an original certificate that satisfies
applicable legal requirements attesting to
tax-exempt status. Tax exemption will only apply
from and after the date we receive such
certificate.
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E911 Emergency Service
We employ third
parties to assist us in routing 9-1-1 calls to
the local Emergency Response Centres. We
disclaim any and all liability or responsibility
in the event such third party data used to route
calls is incorrect or yields an erroneous
result. Neither Internet Infinity nor its
Affiliates, Partners, Officers, Directors,
Employees may be held liable for any claim,
damage or loss, and you hereby waive any and all
such claims or cause of action, arising from or
relating to the 9-1-1 dialing service unless
such claims or causes of action arose from our
gross negligence, recklessness or willful
misconduct. You shall defend, indemnify and hold
harmless Internet Infinity, its Officers,
Directors, Employees, Affiliates, Agent,
Partners and any other service provider who
furnishes service to you in connection with the
service, 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 service, including 9-1-1 dialing,
incorrectly routed 9-1-1 dialed calls, and or
the inability of any user of the service to be
able to use 9-1-1 dialing or access emergency
service personnel.
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Disclaimer of Liability for Damages.
IN NO EVENT WILL
Talk2, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AFFILIATES OR AGENTS OR ANY OTHER SERVICE
PROVIDER WHO FURNISHES SERVICES TO YOU IN
CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE
LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT,
SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, OR FOR ANY OTHER 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 THE
SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY
SERVICE PERSONNEL THROUGH THE 9-1-1 DIALING
SERVICE OR TO OBTAIN EMERGENCY HELP. THE
LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS
FOUNDED IN BREACH OF CONTRACT, BREACH OF
WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT
(INCLUDING NEGLIGENCE), INTELLECTUAL
PROPERTY INFRINGEMENT, STRICT LIABILITY,
FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM
AND ANY AND ALL OTHER THEORIES OF LIABILITY AND
APPLY WHETHER OR NOT WE WERE INFORMED OF THE
LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
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No Warranties on Service.
To the extent
permitted by applicable law, WE MAKE NO
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABLE
QUALITY, REASONABLY ACCEPTABLE QUALITY, FITNESS
OF THE SERVICE OR DEVICE FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY
WARRANTY OR CONDITION ARISING BY USAGE OF TRADE,
COURSE OF DEALING OR COURSE OF PERFORMANCE OR
ANY WARRANTY OR CONDITION THAT THE SERVICE WILL
MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING
THE FOREGOING, WE PROVIDE NO WARRANTY OR
CONDITION THAT THE SERVICE OR DEVICE WILL BE
WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND
DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT,
DATA OR INFORMATION. NEITHER Talk2 NOR ITS
OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR
AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR
WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO
CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR
THE 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
OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF
WHETHER SUCH DAMAGE OCCURS AS A RESULT OF
Talk2'S OR ITS SERVICE PROVIDER'S OR VENDORS'
NEGLIGENCE. STATEMENTS AND DESCRIPTIONS
CONCERNING THE SERVICE OR DEVICE, IF ANY, BY
Talk2 OR Talk2'S AGENTS OR INSTALLERS ARE
INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OR
CONDITION OF ANY KIND.
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