Terms & Conditions

1) Definitions

• “Subscription” means the Customer’s right to use certain Services for a defined period.
• “Monthly Subscription” means a subscription for a period of one month. “Agreement” means these terms and conditions.
• “Equipment” means the equipment or equipment provided by the Supplier to the Customer in relation to the Services offered.
• “Party” means the Supplier or the Customer.
• “Service Plan” means any Subscription to a Service which is established in the Service Proposal and which is accepted by the Client at the time of ordering the Service and which describes the services chosen and ordered by the Client, the costs allocated, and the duration. applicable, as indicated on the invoice.
• “Proposal for Services” means the specific conditions applicable to each of the Services that the Client may use, specifications, conditions, terms, prices, or specific obligations, and the guarantee of the availability of the Service. The conditions, defined in the Service proposal, form an integral part of this Agreement.
• “Service” means one of the Services.
• “Services” means telepreviews_hone, computer, or other related services offered by Supplier to Customer under the Agreement.

2) Preamble

2.1) Customer, as described in the Service proposal (s), as well as any Equipment provided by the Supplier.

3) Duration of the agreement

3.1) The Agreement will come into effect from the date of its acceptance by the Customer and will remain in effect until terminated by either Party in accordance with the terms of the Agreement.

4) Automatic renewal

4.1) Each Monthly Subscription plan will come into effect from the date of its acceptance by the Customer and will be automatically renewed at the end of the month, unless it is terminated in accordance with this Agreement or unless otherwise required. otherwise indicated in a Proposal for Services.

5) Property rights

5.1) The Equipment supplied to the Customer as part of the Services offered by the Supplier is the property of the Supplier. Consequently, the Supplier holds all rights and title to the Equipment.

5.2) If the Equipment supplied to the Customer is purchased after full payment by the Customer, the Supplier will provide notice of the transfer of ownership in writing, the Customer will then hold all rights and title to such Equipment.

5.3) If the Equipment supplied to Customer is funded by a third party, that third party owns all rights and title to such Equipment, unless the terms and conditions of that third party specifically govern the rights and title to such equipment. Equipment. In these two cases, the Customer accepts that the terms of section 6.1 are not applicable. The Customer acknowledges that he does not hold any right or title to the software provided with a monthly subscription to one or more Services.

6) Defective equipment

6.1) When the Equipment that the Customer uses is deemed to be defective by the Supplier and in the event that the Equipment is the property of the Supplier, this Equipment will be replaced at the expense and at the sole and absolute discretion of the Supplier, by new Equipment or Refurbished Equipment, therefore, the quality and functionality are equivalent or superior to the quality and functionality of the defective Equipment.

6.2) If the Equipment is the property of the Customer, the Customer is responsible for having it replaced or repaired. The Supplier is in no way responsible for the Equipment owned by the Customer. If the Equipment owned by the Customer is covered by a manufacturer’s warranty, the Customer must contact the manufacturer himself to claim the warranty. The Supplier may, at its sole and absolute discretion, assist the Customer in making the complaint.

6.3) The Supplier will not be held liable for any damage suffered by the Equipment as a result of its improper or abusive use. If the Supplier determines that the Equipment has been used improperly or abusively, the Customer shall pay the service charge and the replacement Equipment.

7) Data security

7.1) The Customer agrees that the Supplier will send the Customer information over the Internet, including the password, to access their account or these Services. Customer agrees to replace any password received from Supplier.

7.2) The Customer is responsible for protecting and securely storing their usernames, passwords, (MAC) address, and other information enabling a third party to use the Services.

7.3) The Customer agrees that the Internet and the global telephone network are not secure and that third parties may intercept, view, use or corrupt the information in transit.

8) Telephone Service

8.1) Use of the Telephone Service is only permitted for commercial and non-residential purposes.

8.2) Calls to destinations listed in the Services offered are included with the Telephone Service Subscription.

8.3) Definition of destinations included in one of the Telephone Service Plans

8.3.1) “Canada” or equivalent designations include all calls to Canadian provinces but excludes Canadian territories.

8.3.2) “United States” or equivalent designations include all calls to the contiguous United States, and exclude Alaska, Hawaii, and Porto Rico.

8.3.3) “Quebec” or equivalent designations include all calls to Quebec destinations.

8.3.4) “Ontario” or equivalent designations include all calls to Ontario destinations.

8.3.5) The destinations defined above do not include calls to the destinations defined in section 8.5.

8.4) Calls to all destinations that are not included in the Telephone Service Plan are considered usage charges. Its usage costs will be billed as defined in section 9 below### .

8.5) Telephone service does not include 0+ calls, N11 calls (except 911) or calls assisted by an operator, collect calls, 900 calls of any type, calling card telephone calls, calls by means of bypass service, 10-10 calls, or vertical service code (CSV) calls (“unsupported calls”).

8.6) The Customer is responsible for the use of the Telephone Service, as well as for all actions of any person who uses the Telephone Service through their account with or without their consent.

8.7) Use of the Telephone Service is only permitted when the Customer’s user is physically located in Canada. The Customer is responsible for using the Telephone Service in accordance with applicable law.

8.8) The Telephone Service is provided with functions that allow telephone conversations to be recorded. The Customer acknowledges and agrees that the applicable law for the recording of telephone conversations may vary depending on the jurisdiction and the circumstances in which a telephone conversation takes place, as well as the scope and purpose of the recording. The Customer is responsible for ensuring that the use of the recording functions complies with applicable law.

8.9) Telephone Service cannot be used for automatic calls, continuous or extended call forwarding, call centers, telemarketing, bulk messaging or faxing, or voice mail broadcasting.

8.10) The Customer acknowledges that any unsuccessful attempt to make a call does not entitle to a credit for Services, or a termination of this Agreement, or a termination of a Subscription.

8.11) If the Telephone Service Plan includes an unlimited number of minutes of use, that Service Plan is subject to fair use. Fair use means that the total number of minutes of incoming calls and outgoing calls does not substantially exceed the average use of the Services by other users of the Provider. If use of the Service exceeds fair use limits or does not constitute fair use, Customer agrees that Supplier may, in its sole and absolute discretion, with or without notice, charge fees for excessive use.

8.12) The Telephone Service must not be used for any of the following purposes: i) to collect, collate or collate information or data (including phone numbers or email addresses) about other users without their consent; ii) in connection with criminal or fraudulent activities, which may constitute a public nuisance or infringe the rights of any other Party; iii) for communications that are unlawful, harassing, defamatory, aggressive, tortious, threatening, damaging, which constitute an invasion of privacy, are vulgar, pornographic, obscene or otherwise inadmissible or which have any detrimental effect on minors to terms of law or otherwise; iv) to knowingly transmit or accept documents or communications which may infringe the intellectual property rights or other rights of third parties, and in particular, trademarks, copyrights or publicity rights; v) to transmit or knowingly accept any material or communication that contains software viruses or other harmful or harmful computer code, files or programs, and in particular, Trojans, worms, time bombs or robots. ‘cancellation of messages; vi) to harm or disrupt computer servers or networks connecting to the Telephone Service, to attempt to harm or disrupt them, or to violate the regulations, policies or procedures of such networks; vii) to attempt to gain or obtain unauthorized access to the Telephone Service, other accounts, computer systems or networks connected to the Telephone Service, by decryption of passwords or by any other means; viii) for the purpose of harassing a user or impairing their right to enjoy the Telephone Service; ix) to illegally record conversations in violation of applicable law; x) to make calls that are not between individuals (eg, automatic calls are not allowed); xi) to create a false caller ID (“Caller-ID”) or attempt to deceive others as to the identity of the caller or the origin of a communication using the Telephone Service; xii) in a manner that the Supplier considers inappropriate.

8.13) The Customer is responsible for ensuring that it, its customers, its users, or any other person or entity that uses the Telephone Service directly or indirectly are informed of the above restrictions and to comply with the terms of this Agreement as it relates to the use of the Telephone Service.

8.14) The Customer, an end-user or any other person or entity who uses the Telephone Service in contravention of the conditions of this article, does so at his own risk and is solely responsible for all claims, damages, costs, and liabilities arising from ‘such an activity. If the Customer suspects a prohibited use of the Telephone Service, or if he is informed or should have been informed, he must immediately end the call and notify the Supplier. Customer shall defend, indemnify, and hold Supplier harmless against all claims, damages, and expenses arising from use in violation of this Agreement. The Customer acknowledges and accepts that the Supplier is under no obligation to monitor the use of the Telephone Service for the purposes of preventing fraudulent, illegal, or harmful activities, but that it may monitor the use of the Telephone Service for the purposes of training and quality control. The Supplier may also disclose information relating to the use of the Telephone Service and a copy of the recordings of the calls in order to respond to legitimate government requests (in accordance with the Communications Assistance for Law Enforcement Act (“CALEA”)), to exploit, maintain or improve the Telephone Service or to protect it, its subsidiaries and customers with regard to any criminal and civil liability. Supplier reserves the right to suspend or terminate Telephone Service immediately if it determines, in its sole and absolute discretion, that Customer has violated the terms of this Agreement.

8.15) The Customer has no ownership rights in and is in no way the owner of any telephone number provided to it. Supplier shall have the right to change such telephone number if it determines, in its sole and absolute discretion, that such change is required under applicable law. Supplier will provide reasonable written notice of such change, except in emergency cases, where verbal notice will be provided, followed by written notice as soon as possible. The Supplier will not be held responsible for any costs, damages, or other amounts arising from changes to telephone numbers.

8.16) The Customer agrees that the transfer of telephone numbers to another Service Provider does not result in the automatic termination of the Telephone Services provided by the Provider or of the Subscription to the Service Plan. The Supplier may refuse any request to transfer a telephone number if the Customer has an unpaid balance on his account. If the Customer requests the Supplier to transfer its telephone number currently in service with another Supplier, the Supplier shall not be liable for any delay in the number transfer, or breakdowns, or loss of service resulting from this transfer.

8.17) The Customer acknowledges and accepts that a number cannot be transferred due to acts or omissions on the part of third parties and that it may be difficult or impossible for the Supplier: i) to prevent such transfers; ii) retrieve the numbers transferred to his account; or iii) to re-transfer those numbers. The Supplier will not be held responsible for such transfers. If the Customer requests a transfer cancellation, Supplier reserves the right to charge a cancellation fee of five hundred dollars ($ 500.00) per telephone number for each transfer cancellation requested. If a request to transfer an existing telephone number to the Provider is refused due to an unpaid balance with the Customer’s current service provider, the Provider reserves the right to charge a processing fee of two hundred and fifty dollars ($250.00) per phone number.

8.18) Voice over Internet Protocol (VoIP) 911 emergency service has certain limitations compared to the advanced 911 services offered on most traditional telephones. The Customer acknowledges having given their agreement and express consent to the conditions and limitations relating to the Supplier’s 911 service (s2t.ca/legal/911).

9) Billing & Payment

9.1) The Customer acknowledges that the Supplier may adjust the fees payable by the Customer for its Services from time to time to reflect any increase in fees demanded by the Supplier’s third-party Suppliers.

9.2) The Supplier reserves the right to correct any billing error for a maximum period of six (6) months, and to retroactively invoice the appropriate amounts.

9.3) If the Customer disputes any amounts, charges or taxes indicated on an invoice, he must notify the Supplier in writing within thirty (30) days of the invoice date, or he will be deemed to have waived any right to dispute such amounts.

9.4) The Customer must pay all charges, user fees, charges and taxes, recurring and non-recurring, applicable with respect to the Service without request for compensation. Invoices relating to recurring Subscriptions will be issued before the start of the period. Invoices for Recurring Monthly Subscriptions will be before the start of the month. Usage Charges will be billed within one month of usage or as soon as reasonably possible.

9.5) The Customer must make full payment of the sums indicated on the invoice upon receipt and at the latest within seven (7) days of the invoice date.

9.6) Overdue accounts will be subject to a late payment fee of two percent (2%) per month (or a compound fee of 26.8% per annum), which will be due and payable upon receipt of a subsequent invoice. for this purpose.

9.7) The Supplier may, at its sole and absolute discretion, suspend the Services in the event of late payment. The Supplier may, at its sole and absolute discretion, charge a reactivation fee at the time the Customer wishes to reactivate the Services following late payment.

10) Service Credits

10. Service Credits

10.1) Subject to the exclusions of interruptions of Service and unless otherwise indicated in the Service Proposal, if the Supplier does not comply with the guarantee of the availability of the Services applicable for any of the Services in any given calendar month, Customer will be entitled to a credit or refund equivalent to (i) 5% of the amount he would otherwise have to pay for the Service affected during that month, and (ii) for each 1% interruption of Service below the average availability targeted during the same month, the Supplier will reduce the amounts to be paid to it by another two and a half percent (2.5%). In no event shall Service credits exceed twenty-five percent (25%) of the amount due and payable for the Service affected during the month.

10.2) To request a Service credit, the Customer must send a request to this effect within fifteen (15) days of the interruption of service to This email address is being protected from spambots. You need JavaScript enabled to view it.. The request for service credits must include the Customer’s name, contact details, a detailed description of how the use was negatively affected, the start and end time of the interruption of Service, the effect loss that the Customer has suffered, and the Service credit requested.

10.3) Before processing a service credit request, Supplier will review the information submitted. The Supplier will calculate the availability of the Service based on both its monitoring system and the incident report of its team of engineers. The Supplier will calculate the Service credit taking into account the Service whose availability was less than the guaranteed availability of the Services, the applicable charges for such Service, and the percentage of end-users who were affected by the interruption of service. Service credit will only be granted if the Supplier confirms that the Customer is entitled to it and will constitute its sole and exclusive remedy for this interruption of Service. If granted, the Service credit for the affected Service will appear on the next invoice. The Customer is not entitled to Service credits if he is in violation of the Agreement (including in violation of payment obligations) at the time of the request until the Customer remedies this. violation. The Customer is not entitled to Service credits if the event giving rise to the request for the Service credit was as a result of the breach of the Agreement, or fault, or negligence on the part of the Customer. In addition to what is expressly provided for in this article, the Supplier shall not be held liable for any damage that may result from an interruption of Service.

11) Termination of Services

11.1) The Customer wishing to terminate a Subscription must notify the Supplier in writing thirty (30) days before the end of the term of the Subscription. The Services and billing will stop at the end of the Subscription term.

11.2) The Customer wishing to terminate a Subscription subject to a fixed-term commitment will have to pay the full Subscription fees for the remaining period. For example, if the Customer wishes to stop a Monthly Subscription with a commitment of 24 months after the 12th payment (at the 12th month), the Customer will have to pay 12 the remaining Monthly Subscription fees.

11.3) The Services are designed for reasonable use. The Customer acknowledges that the Supplier may terminate a Service if it deems, in its sole and absolute discretion, that the Customer is using the Service inappropriately, in an abusive manner or if the service is used in contradiction with applicable laws.

11.4) If a third-party Supplier terminates, in whole or in part, the agreement it has with the Supplier and this termination affects one of the Client’s Services, the Supplier may terminate the Agreement, in whole or in part, within the same deadlines as those indicated by the third-party Supplier; provided, however, that such termination will apply only with respect to the Services affected by the termination of the Third Party Provider, without further obligation or liability.

11.5) Any Equipment owned by the Supplier must be returned in its original packaging by the Customer within fifteen (15) days of termination of the Services.

11.6) The Customer acknowledges that he is responsible for paying the transport costs and risks associated with the return of the Equipment.

11.7) Any Equipment which is the property of the Supplier which is not returned within the time limits defined in section 10.5 following the termination of the Services, or which has been damaged, or missing components, or not having its original packaging, or that has been misused will be billed to the Customer at the Supplier’s sole and absolute discretion.

12) Disclaimer

12.1) To the maximum extent permitted by law and notwithstanding any provision to the contrary in the agreement, the Supplier and its third-party Suppliers provide the services “as is” and no warranty is given to the customer under this agreement. The customer expressly agrees that the use of the services is at his own risk. The Supplier expressly rejects any warranty relating to the agreement or the services, whether such warranty is express, implied, prescribed by law, or otherwise, verbal or written, and in particular, any implied warranty of merchantability, quality, or of suitability for a particular or general-purpose, of title, of absence of infringement, or any guarantee that the services will be error-free or uninterrupted. The customer acknowledges that certain parts of the services will be provided by third-party Suppliers whose performance is not guaranteed by the Supplier or its third-party Suppliers under this agreement. No advice or information given orally or in writing by Supplier or its affiliates, third party Suppliers and their respective representatives shall constitute a guarantee and Customer should not rely on any such advice and information. This warranty disclaimer is an essential condition of this agreement.

13) Limited liability

13.1) The Supplier and its third-party Suppliers or their affiliated companies and their representatives shall in no case be held liable for (i) incidental, consequential, special, punitive, exemplary or increased damages, to the extent that such categories of damages are recognized and may give rise to complaints under applicable law; and (ii) or damages for loss of profits, savings or income, loss of service-related data, business information, or business interruption, write-down or other similar pecuniary loss ; in cases arising from or within the framework of the services, or more generally from this agreement, it does not matter: (a) whether the damage can be considered direct or indirect or; (b) if the Supplier or its third-party Suppliers were advised of the possibility of such damage, this possibility was reasonably foreseeable; (c) the legal or equitable theory (contractual, extra-contractual, tort or other liability) on which the claim is based; and (d) failure to fulfill any agreed remedy or other of its essential purpose. Without limiting the scope of the foregoing, Supplier shall in no way be liable for any damage whatsoever caused by, as the case may be, (1) a third party, including a third party Supplier or the action or omission of a third-party Supplier, (2) the Customer or its end users, (3) the Supplier’s access to the Customer’s computer equipment or its network, or (4) any other event that is beyond the reasonable control of the Supplier. The Supplier’s liability shall in no event exceed the amount that the Customer has paid under the terms of the agreement during the period of twelve (12) months immediately preceding the event from which the request arises.