EasyVoice Telecom Inc. TERMS OF
SERVICE
These Terms of Service constitute the
agreement ("Agreement") between EasyVoice Telecom Inc. ("we," "us" or "RapidTel
International Inc...") and the user ("you," "user" or "Customer") of RapidTel
International Inc.’sfor the following services:
- Direct Dial PIC (Primary
Inter-Exchange Carrier) Long Distance Service
- Flat Rate Unlimited
Mobile calling Service
- Mobile Long Distance
Service
- CallDirect Long
Distance, access number service
This Agreement governs all the services
named herein. By activating and using 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
into this Agreement and become bound by its terms.
IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS IN THE AGREEMENT, AND DO NOT WANT TO BE BOUND BY THEM, THEN PLEASE DO NOT
USE THE SERVICE. YOU AGREE THAT BY USING THE SERVICE, THAT THIS CONSTITUTES USE AND
AGREEMENT WITH TERMS AND CONDITIONS CONTAINED HEREIN.
- SERVICES
Direct Dial PIC (Primary
Inter-Exchange Carrier) Long Distance Service,
Mobile Long Distance
Service
CallDirect Long Distance,
access number service
The RapidTel
Direct Dial PIC Service is offered on a monthly basis. There is no
commitment to stay on the service for any term. When you switch your long distance
service to EasyVoice Telecom, you agree to have EasyVoice Telecom Inc. as
your PIC (Primary Inter-Exchange Carrier).
This means that EasyVoice Telecom will be your Primary Long Distance
Carrier for all your long distance calls made from your local line that you have
designated as to be switched to RapidTel. You agree to pay all calls and charges for
any long distance calls that are made from the designated local line. You may switch
your long distance service away from EasyVoice Telecom at any time that you wish. To do this,
you have to call another carrier of your choice and have that carrier switch your
long distance service away from RapidTel. You agree to pay any and all charges
arising from the use of long distance up to the day that your service is switched
away to another carrier.
Mobile Long Distance
Service
CallDirect Long Distance,
access number service
Mobile Long Distance
Service
These are access number based
services. By dialing the access number, you agree to pay all calls and charges for
any long distance calls that are made from the designated local
line.
Usage charges for all EasyVoice Telecom long
distance voice services will be billed individually in one minute increments, subject
to a one minute minimum charge. Any fraction of an increment will be rounded to the
next highest increment. Call timing will be determined conclusively by
RapidTel’s network systems. Any fraction of an increment will be treated as an
entire increment. Usage charges are exclusive of applicable taxes, including federal
and provincial sales taxes.
A monthly paper billing charge of $2.00
applies if you choose to receive your invoices by regular mail. There are no billing
charges if you choose to receive your invoices through RapidTel’s email billing
system. You agree to pay all taxes, surcharges, and fees set by the
government.
The following are the terms for the services
named herein
Flat Rate Unlimited
Mobile calling Service
CallDirect Flat Rate
Unlimited calling Service
Term
The service is offered on a monthly basis
for a term which begins on the date that EasyVoice Telecom Inc. activates your
Service and ends on the day before the same date in the following month. Subsequent
terms of this Agreement automatically renew on a monthly basis without further action
by you unless you give EasyVoice Telecom Inc. written notice of non-renewal at
least thirty (30) days before the end of the monthly term in which the notice is
given. Email will be accepted as written notice.
You are purchasing the Flat Rate Unlimited Mobile calling Service and CallDirect Flat Rate Unlimited calling
Service for full monthly terms, meaning that if you
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 then-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.
Free Trial
The free trial is based on a 7 (seven) day
term. The service is free for that period. After the initial 7 day period, the
service will continue and will be automatically converted to a monthly term basis.
If you do not want to continue the service, you must call or
send written notice to EasyVoice Telecom to notify the company that you do not
wish to continue with the service. This must be done within the 7 day
period. EasyVoice Telecom will cancel you’re your service
and there will be no charges applicable. If there is continued usage on the account,
then the terms of the monthly service will apply as described above.
Residential Use of
Service
Flat Rate Unlimited
Outbound Calling Service is provided to you as a
residential user, for your own 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 to any other
person for any purpose, or make any charge for the use of the Service,
without express written permission from EasyVoice Telecom Inc.
in advance. You agree that your use of the Service, for any commercial or
governmental purpose will obligate you to pay EasyVoice Telecom Inc.'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.
EasyVoice Telecom Inc. reserves the right to immediately terminate or
modify the Service, if EasyVoice Telecom Inc. determines, in its sole
discretion, that Customer's Service is being used for non-residential or commercial
use.
Fair Usage Policy
The Fair Usage Policy applies to certain
tariffs offered by Flat Rate Unlimited Outbound Calling Service where terms
such as "Unlimited" are stated, whether it be in an advertisement for Flat
Rate Unlimited Outbound Calling Service or on the site itself.
Where the term "Unlimited" is stated, a fair
usage of 2500 minutes are allocated for residential and 4500 for business, any
minutes used above this allowance, the Company will have the right to charge the
extra minutes at the current rate to that destination, or to charge a higher flat
rate price on the package that the customer is on. In either case, the Company will
notify the customer by email and advise the customer of the extra billing. The
customer shall have the right to accept or reject the higher billing. If the customer
does not agree to pay the higher amount the Company is asking, then the Company shall
have the right to terminate the service immediately.
The length of a single call is restricted to
120 minutes after which the line will be terminated and you will be required to dial
again to reconnect to the service.
Small Business Use of Service and
Device - Prohibition on Resale
If you have subscribed to RapidTel
International Inc.'s Flat Rate Unlimited Outbound Calling
Small Business services, the Service is provided to you as a small business user.
This means that you are not to resell or transfer the service to any other person for
any purpose, without express written permission from EasyVoice Telecom Inc. in
advance. You agree that the EasyVoice Telecom Inc. Small Business Plans
do not confer the right to use the service for auto-dialing, continuous or extensive
call forwarding, telemarketing (including without limitation charitable or political
solicitation or polling), fax broadcasting or fax blasting. EasyVoice Telecom
Inc. reserves the right to immediately terminate or modify the Service, if RapidTel
International Inc. determines, in its sole discretion, that Customer's Service is
being used for any of the aforementioned activities.
Lawful Use of
Service
Prohibited Uses
You agree to use the Service only for lawful
purposes. This means that you agree not to use it for transmitting or receiving any
communication or material of any kind when in EasyVoice Telecom Inc.'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, state, 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.
EasyVoice Telecom Inc. reserves the right to terminate your service immediately
and without advance notice if EasyVoice Telecom Inc., 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 RapidTel
International Inc’s discretion be immediately charged to your credit card. You
are liable for any and all use of the Service by yourself and by any person making
use of the Service provided to you and agree to indemnify and hold harmless RapidTel
International Inc... against any and all liability for any such use. If RapidTel
International Inc., in its sole discretion believes that you have violated the above
restrictions, EasyVoice Telecom Inc. may forward the objectionable material, as
well as your communications with EasyVoice Telecom Inc... and your personally
identifiable information to the appropriate authorities for investigation and
prosecution and you hereby consent to such forwarding.
Copyright / Trademark /
Unauthorized Usage of Firmware or Software
The Service and any firmware or software
used to provide the Service or provided to you in conjunction with providing the
Service, and all Services, information, documents and materials on RapidTel
International Inc.'s 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 EasyVoice Telecom Inc. are and shall remain the
exclusive property of EasyVoice Telecom Inc. 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, 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.
Theft of
Service
You agree to notify EasyVoice Telecom
Inc. immediately, in writing or by calling the EasyVoice Telecom Inc. customer
support line, 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 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 EasyVoice Telecom Inc. receives
notice of the theft or fraudulent use, you will be liable for all use of the Service
stolen from you and any and all stolen Service or fraudulent use of the
Service.
Service
Distinctions
You acknowledge and understand that the
Service is not a local 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 EasyVoice Telecom Inc. The
Service is subject to different regulatory treatment than local telephone service.
This treatment may limit or otherwise affect your rights of redress before Federal,
or Provincial telecommunications regulatory agencies.
No 0+ Calling; Does Not Support 911
Calling
EasyVoice Telecom Inc.’s
Mobile Flat Rate Unlimited Outbound Local Calling does not support 0+ operator assisted calling (including without limitation
collect, third party billing or calling card calling). EasyVoice Telecom
Inc.’s Service does not support 311, 511 and 911
2. EMERGENCY SERVICES- 911
DIALING
Non-Availability of Traditional 911
or E911 Dialing Service
- You acknowledge and understand that the
Flat Rate Unlimited Outbound Local Calling Service does
NOT support 911 access to emergency services. You
acknowledge and understand that 911-type dialing is NOT available with this
service. You acknowledge that you must take specific actions in an emergency to
dial 911 on your mobile device, that you must separately take affirmative steps, as
described in this Agreement and on EasyVoice Telecom Inc.’s website,
that such 911-type dialing is not available with this service. You
agree to inform any other third party persons who may be present at the physical
location where you may be that they must dial 911 from the cellular device at
hand.
AutoDialer
Software
- You acknowledge that if you have
the Autodialer software installed on your mobile device that there are
certain limitations and steps that need to be taken when dialing
911.
A. The
autodialer is always active in the background on your mobile device, and as such will
always take over your outbound calling to any number that you may
dial.
B. To make a
911 call on your mobile device, you need to turn off the Autodialer from your device,
so that it is not active and will not take over your outbound
call.
Limitation of Liability and
Indemnification
You acknowledge and understand that RapidTel
International Inc.'s liability is limited for any Service outage and/or inability to
dial 911 from your cellular device, or to access emergency service personnel, as set
forth in this document. You agree to defend, indemnify, and hold harmless RapidTel
International Inc., its officers, directors, employees, affiliates and agents and any
other service provider who furnishes services to Customer in connection with this
Agreement or the Service, from any and all claims, losses, damages, fines, penalties,
costs and expenses (including, without limitation, reasonable attorneys fees) by, or
on behalf of, Customer or any third party or user of Customer's Service relating to
the absence, failure or outage of the Service, including 911 dialing and/or inability
of Customer or any third person or party or user of Customer's Service to be able to
dial 911 or to access emergency service personnel.
3. CHANGES TO THIS
AGREEMENT
EasyVoice Telecom Inc. 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
EasyVoice Telecom Inc.’s website (currently located at
http://www.rapidtel.com). Such changes will become binding on Customer, on
the date posted to the EasyVoice Telecom Inc. website and no further notice by
EasyVoice Telecom Inc. is required. This Agreement as posted supersedes all
previously agreed to electronic and written terms of service.
4. CHARGES / PAYMENTS / DEFAULT /
TAXES / TERMINATION
Billing
You must give us a valid credit card number
(Visa, MasterCard, Discover, American Express or any other issuer then-accepted by
EasyVoice Telecom Inc.), or Pre-Authorized Payment authorization, when the
Service is activated. If your credit 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 EasyVoice Telecom Inc. at once. We will bill all charges,
applicable taxes and surcharges monthly in arrears along with any long distance
usage-based charges, and any other charges which EasyVoice Telecom Inc. may have
to bill to your account, including but not limited to: activation fees, monthly
Service fees, advanced feature charges, equipment purchases, and shipping and
handling charges. EasyVoice Telecom Inc.
Billing
Disputes
You must notify EasyVoice Telecom Inc.
in writing within 7 days after receiving your invoice if you dispute any RapidTel
International Inc. charges on that invoice or such dispute will be deemed
waived.
Payment
EasyVoice Telecom Inc. accepts payments
by valid credit card or PAP (Pre-Authorized Payment), or payment by any electronic
means such as (on line payments at bank website, phone payments, etc) Interac
payment. Your initial use of the Service constitutes use of service and authorizes
EasyVoice Telecom Inc. to charge your account on file, or the PAP account
including any changed information given to EasyVoice Telecom Inc.
This authorization will remain
valid until 30 days after EasyVoice Telecom
Inc...
receives your written notice terminating
EasyVoice Telecom Inc.'s authority to charge your credit card, where upon
EasyVoice Telecom Inc. will charge any other outstanding charges and terminate
the Service. EasyVoice Telecom Inc. may terminate your Service at any time in
its sole discretion, if any charge to your credit card on file with RapidTel
International Inc. is declined or reversed, your credit card expires and you have not
provided EasyVoice Telecom Inc. 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 EasyVoice Telecom Inc. for ALL CHARGES ACCRUED BEFORE
TERMINATION and for all costs incurred by EasyVoice Telecom Inc. in
collecting such amounts, such as (but not limited to) collection costs and attorney's
fees.
Collection
costs.
EasyVoice Telecom Inc. reserves the
right to send any account that is in arrears for more than 60 days from date
of billing to a third party collections service. EasyVoice Telecom reserves the right
to add a collection charge equal to 35%, (with a minimum of $50.00)
of the amount owing to EasyVoice Telecom Inc.
Termination/Discontinuance of
Service
EasyVoice Telecom Inc. reserves the
right to suspend or discontinue providing the Service generally, or to terminate your
Service, at any time at its sole discretion. If EasyVoice Telecom Inc.
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 misuse the Service or your acts or omissions that violate any acceptable use
policy of EasyVoice Telecom Inc. or of a third party provider to which RapidTel
International Inc. 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.
Taxes
You are responsible for, and shall pay, any
applicable federal, provincial, or other governmental sales, use, excise,
value-added, 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. Such amounts are in addition to payment for the Service and will be billed
to your account as set forth in this Agreement
Money Back Guarantee; Limitations
and Conditions
EasyVoice Telecom Inc. offers a 30-day
Guarantee. Under terms of this Guarantee, EasyVoice Telecom Inc. if the customer
is not happy with the service, they may simply cancel within the first 30 days, and
EasyVoice Telecom will cancel the customer’s account and terminate the
service.We will bill any long distance usage-based charges the customer will still be
responsible for any long distance charges that may have been incurred.
411 Directory
Calls
The customer acknowledges that 411
Directory service is not available with he Flat Rate Unlimited
OutboundService. The customer acknowledges that they must use their cellular device
to access 411 Directory service.
5. WARRANTY and LIABILITY
LIMITATIONS / INDEMNIFICATION
Limitation of
Liability
EasyVoice Telecom Inc. shall
not be liable for any delay or failure to provide the Service, including 911 dialing,
at any time or from time to time, or any interruption or degradation of voice quality
that is caused by any of the following:
1.) act or omission of an underlying
carrier, service provider, vendor or other third party;
2.) equipment, network or facility
failure;
3.) equipment, network or facility upgrade
or modification;
4.) force majeure events such as (but not
limited to) acts of god; strikes; fire; war; riot; government actions;
5.) equipment, network or facility
shortage;
6.) equipment or facility
relocation;
7.) service, equipment, network or facility
failure caused by the loss of power to Customer;
8) act or omission of Customer or any person
using the Service or Device provided to Customer; or
9) any other cause that is beyond RapidTel
International Inc.'s control, including without limitation a failure of or defect in
any Cellular Device, the failure of an incoming or outgoing communication, the
inability of communications (including without limitation 911 dialing) to be
connected or completed, or degradation of voice quality.
EasyVoice Telecom Inc.'s aggregate
liability for (i) any failure or mistake; (ii) any claim with respect to RapidTel
International Inc.’s performance or nonperformance hereunder or (iii) any
EasyVoice Telecom Inc. act or omission in connection with the subject matter
hereof shall in no event exceed Service charges with respect to the affected time
period.
Disclaimer of
Damages
IN NO EVENT SHALL RAPIDTEL
INTERNATIONAL INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY
OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER 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 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 BE
ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE
LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF
WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND
APPLY WHETHER OR NOT EasyVoice Telecom Inc... WAS INFORMED OF THE LIKELIHOOD OF
ANY PARTICULAR TYPE OF DAMAGES.
Indemnification
Customer agrees to defend, indemnify, and
hold harmless EasyVoice Telecom Inc., its officers, directors, employees,
affiliates and agents and any other service provider who furnishes services to
Customer in connection with this Agreement or the Service, from any and all claims,
losses, damages, fines, penalties, costs and expenses (including, without limitation,
reasonable attorneys fees) by, or on behalf of, Customer or any third party or user
of Customer's Service, relating to this Agreement, the Services, including
911dialing, or the Device. This paragraph shall survive termination of this
Agreement.
No Warranties on
Service
EasyVoice Telecom Inc. MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS OF THE SERVICE 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 SERVICE WILL MEET CUSTOMER’S
REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, EasyVoice Telecom Inc. DOES NOT
WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR,
DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER
EasyVoice Telecom Inc. NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR
AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO
CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR
UNAUTHORIZED ACCESS TO EasyVoice Telecom Inc.'S OR CUSTOMER'S 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 EasyVoice Telecom Inc.'S OR ITS SERVICE PROVIDER'S
OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE,
IF ANY, BY EasyVoice Telecom Inc. OR EasyVoice Telecom Inc.'S AGENTS OR
INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY
KIND.
No Third Party
Beneficiaries
No provision of this Agreement provides any
person or entity not a party to this Agreement with any remedy, claim, liability,
reimbursement, or cause of action or creates any other third party beneficiary
rights.
Content
You are liable for any and all liability
that may arise out of the content transmitted by or to you or Users using the
Services. You shall assure that your or User's use of the Services and content will
at all times comply with all applicable laws, regulations and written and electronic
instructions for use. EasyVoice Telecom Inc. reserves the right to terminate or
suspend affected Services, and/or remove Users from the Services, if RapidTel
International Inc. determines that such use or content does not conform with the
requirements set forth in this Agreement or interferes with EasyVoice Telecom
Inc.'s ability to provide Services to you or others or receives notice from anyone
that your or Users' use or Content may violate any laws or regulations. RapidTel
International Inc.'s actions or inaction under this Section shall not constitute
review or approval of your or Users' use or Content. You will indemnify and hold
EasyVoice Telecom Inc. against any and all liability arising from the content
transmitted by or to you or to Users using the Services. A "User" means any person,
whether authorized or unauthorized, using the service provided to you.
GOVERNING LAW / RESOLUTION OF
DISPUTES
Mandatory
Arbitration
Any dispute or claim between Customer and
EasyVoice Telecom Inc. arising out of or relating to the Service provided in
connection with this Agreement shall be resolved by arbitration before a single
arbitrator administered by a Canadian arbitration organization of RapidTel
International Inc.’s choosing. The arbitration shall take place in Toronto,
Ontario and shall be conducted in English. The arbitrator's decision shall follow the
plain meaning of the relevant documents, and shall be final and binding. Without
limiting the foregoing, the parties agree that no arbitrator has the authority to:
(i) award relief in excess of what this Agreement provides; or (ii) award punitive or
exemplary damages. Judgment on the award rendered by the arbitrators may be entered
in any court having jurisdiction thereof. All claims shall be arbitrated individually
and Customer will not bring, or join any class action of any kind in court or in
arbitration or seek to consolidate or bring previously consolidated claims in
arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION
CONSTITUTES A WAIVER OF ANY RIGHT TO A COURT TRIAL.
Governing Law
The Agreement and the relationship between
you and EasyVoice Telecom Inc. shall be governed by the laws of the province of
Ontario, Canada without regard to its conflict of law provisions. To the extent court
action is initiated to enforce an arbitration award or for any other reason
consistent with Section 6.1, you and EasyVoice Telecom Inc. agree to submit to
the personal and exclusive jurisdiction of the courts located within the province of
Ontario, and waive any objection as to venue or inconvenient forum. The failure of
EasyVoice Telecom Inc. to exercise or enforce any right or provision of the
Agreement shall not constitute a waiver of such right or provision. If any provision
of the Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of the
Agreement remain in full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related to use
of the Service or the Agreement must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
Entire
Agreement
This Agreement and the rates for Services
found on EasyVoice Telecom Inc.'s website constitute the entire agreement
between you and EasyVoice Telecom Inc. and govern your use of the Service,
superseding any prior agreements between you and EasyVoice Telecom Inc. 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 EasyVoice Telecom Inc. unless and until posted in
accordance with Section 3 hereof.
Severability
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.
7. PRIVACY
EasyVoice Telecom Inc. utilizes, in
whole or in part, the public Internet and third party networks to transmit voice and
other communications. EasyVoice Telecom Inc. is not liable for any lack of
privacy which may be experienced with regard to the Service.
Last Updated: January 28, 2010.