Terms of Service

For the purposes of these Terms of Service ("Terms of Service"):

"Service" or "Services" means the services Voice Network provides to You, including, as the case may be, long distance voice services ("Voice Network Long Distance"), primary local and long distance services ("Voice Network Home Phone") and residential high speed internet services ("Voice High Speed Internet");

"user" includes any person (including but not limited to you ("You" and "Your"), that uses or accesses the Service(s)); and

"Voice Network" means Voice Network Inc.

These Terms of Service start and are legally binding on You when You accept these Terms of Service as evidenced by Your subscription to, use and or payment for Voice Network's Services. For each Service You use, You agree to pay all the current rates included by reference in these Terms of Service. The rates for any Services may be changed by Voice Network from time to time without prior notice. Current rates can be found at the service specific links below. If You do not agree to these prices, charges, terms and conditions, do not use the Services.

These Terms of Service may be changed and updated from time to time by Voice Network. Voice Network will post updated terms of Service on its website (www.voicenetwork.ca) and may additionally give notice of any changes by letter, monthly bill or otherwise. Your continued use of the relevant Services thereafter will be deemed acceptance by You of such changes. Please keep visiting our web site for the latest Terms of Service.

Voice Network's privacy policy is incorporated herein by reference and forms an integral part of these Terms of Service . You can read our privacy policy here. Your phone number and name may show up when You call someone. You can block this "Caller ID" for most calls by dialing *67 before each call, or by ordering per line call blocking (dialing *82 to unblock) where it's available. You can't block Caller ID to some numbers, such as toll free numbers. Although it's illegal for unauthorized people to intercept Your calls, such interceptions can occur. We may also monitor or record our calls with You for training or quality assurance.

Use of Service

You agree that You will use the Services only for lawful purposes. You acknowledge that Voice Network may terminate Service immediately, without any notice and without any liability to You whatsoever, if, at the sole and unfettered discretion of Voice Network, You or any other user of the Services provided to You misuses or permits others to misuse or abuse any Service for purposes that are contrary to law or contrary to these Terms of Service, or in order to preserve the integrity of Voice Network's network, or to comply with any applicable laws, regulatory orders or tariffs.

You acknowledge and agree that You shall be liable for any and all use of the Services associated with Your account or Your phone number, and You remain solely responsible for all use of service ordered or billed to Your telephone number(s), including any unauthorized use, and for determining who is authorized to use the Services in Your place, and for promptly notifying Voice Network of any unauthorized use. You agree to indemnify and hold harmless Voice Network against any and all fees, charges, damages, liability, costs and expenses (including reasonable legal counsel fees, as applicable) associated with such use.

Voice Network provides the Services to You as an independent contractor. The employees or agents of participating carriers are not and shall not be deemed to be agents or employees of Voice Network.

In subscribing for the Services, You obtain no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the Services (except as mandated by the CRTC in respect to telephone number porting where available). Voice Network will notify You if it decides to change or re-assign any telephone number assigned to You.

Termination by Voice Network

Voice Network may suspend or terminate Service, without any liability to You whatsoever, if You (or any other user of the Services, as may be applicable): fail to pay Your account that is past due; fail to meet Voice Network's credit requirements; become bankrupt or otherwise insolvent; harass, threaten or otherwise act unreasonably towards Voice Network, its employees or agents; are in breach of these Terms of Service; use the Services so as to prevent fair and proportionate use by others; use the Services contrary to law, public policy, decency standards (including but not limited to regulatory pronouncements on issues such as Automatic Dialing-Announcing Devices and unsolicited live voice and fax calls), or any usage policies instituted from time to time by Voice Network; charge or allow others to charge any other person for the use of the Service without Voice Network's prior written agreement; alter or otherwise interfere with Voice Network's facilities, equipment, network or connections or use the Services in a prohibited, unlawful, or improper manner, including but not limited to, permitting fraudulent use.

Prior to suspension or termination, where circumstances allow and subject to the following, Voice Network will make reasonable efforts to provide You with reasonable advance notice of such suspension or termination, stating the reason for the such suspension or termination, the amount owing (if any) and any notice period, determined in Voice Network's reasonable discretion, during which You may have the opportunity to rectify the reason for such suspension or termination.

You acknowledge and agree that termination or suspension does not remove or otherwise affect Your responsibility to pay all fees owed by You to Voice Network up to the date of termination or suspension.

Notwithstanding anything contained herein to the contrary, Voice Network will not provide notice of a proposed suspension or termination:

In the event of a suspension or termination of the Service, all features and other services, will also be suspended or terminated. You acknowledge and agree that a suspension or termination without notice will not affect Your obligation to pay any amounts owed to Voice Network either during or after the suspension or termination, including the full month's charges for the month in which Your Service is suspended or terminated.

If the Service is suspended or terminated for non-payment or otherwise for cause relating any of the reasons listed above, a reconnection charge may be applied for reconnecting the Service. Following a suspension or termination of Service, Voice Network cannot guarantee the availability or resumption of any previous numbers, codes or other identifiers that may have been applicable to You.

For all Services other than Voice Network High Speed Internet and Voice Network Home Phone, Voice Network permits You to terminate Your Service at any time by contacting Voice Network's Customer Service. You acknowledge and agree that You will continue to be responsible for all applicable charges up to and including the effective date of termination, and that for certain Services (e.g., Voice Network Long Distance), there may be a transition period before You are moved to another provider and will therefore continue to be liable for any Voice Network charges incurred during such period.

For Voice Network High Speed Internet and Voice Network Home Phone, Voice Network permits You to terminate the Service at any time by contacting Voice Network's Customer Service. User must verbally Voice Network via telephone to cancel Service. USER SHALL NOT CONSIDER THEIR SERVICE TERMINATED UNTIL THEY RECEIVE A VALID CANCELLATION NUMBER. Cancellations shall not be honored by electronic mail, fax or postal mail. You acknowledge and agree that You will continue to be responsible for all applicable charges up to and including the effective date of termination. Your account will be charged the regular Service fees (including any applicable Service Modem Fees or Service Device Fees, Non-Return Fee, if any, and other applicable fees and charges, plus applicable taxes, for the termination period, less any applicable deposits or pre-payments.

The further statement of Your right to cancel below is in accordance with legislation that may apply in Your province of residence.

Fraud

You agree to notify Voice Network immediately, in writing or by calling the Voice Network customer support at 1.855.60.VOICE (1.855.608.6423), if You become aware at any time that Your Service (or any aspect of the Service such as password, PIN or card number) is being or has been stolen or fraudulently, improperly or unlawfully used. When You notify us, You must provide Your account number and a detailed description of the nature of the fraudulent, improper or unlawful use of the Service. Failure to do so in a timely manner may result in the termination of Your Service and additional charges to You. You will be liable for all use of the Services, irrespective of fraudulent, improper or unlawful use of the Services. You are responsible for the security of Your authorization codes, passwords and PIN numbers, if any, as well as any and all access to Your telephones, telecommunications, Internet systems and Service.

Credit and Personal Information

You consent and agree that Voice Network has the right to and may check Your credit rating from time to time, including in advance of initiating Service for You. You consent to the receipt and provision of account information from and to credit grantors and credit bureaus, as well as collection agencies if and as required. You agree that, You will give Voice Network prior written notice of any changes to Your billing information, including but not limited to Your new address, new contact information and any revised credit card or other authorized payment mechanism information.

Voice Network respects Your personal information and adheres to Voice Network's Privacy Policy. You can read our Privacy Policy here. Voice Network's privacy policy affirms its customer commitment to maintain confidentiality, security, accuracy and privacy of customer personal information that Voice Network collects and uses to provide Service. If You would like to review the contents of Your personal file with Voice Network, please call our Customer Service at 1.855.60.VOICE (1.855.608.6423).

Voice Network cannot ensure or guarantee the privacy of any information You choose to transmit through use of Voice Network High Speed Internet Service. Any such use shall be at Your sole risk and Voice Network, its affiliates, agents and suppliers shall be relieved from all liability in connection therewith.

Consent Regarding Personal Information History

In order for us to process Your application for services and Your ability to meet Your financial obligations to Voice Network, You authorize Voice Network and its agents or assigns: (1) to request and obtain personal information about You on an ongoing basis from credit bureaus from information they previously collected about You in order to assess Your credit history; and (2) to co-operate with local, provincial and national authorities in the investigation of unlawful or improper activities in order to endeavor to protect You and Voice Network from fraudulent transactions.

Confidentiality

Unless You provide express consent, or disclosure is required pursuant to a legal power, all information regarding You kept by us, other than Your name, address and listed telephone number, is confidential and may not be disclosed by us to anyone other than:

Express consent to disclosure may be obtained as follows:

Provision of Service

The Service is only available where it is possible and commercially reasonable for Voice Network (in the sole determination of Voice Network) to provide such Service. You acknowledge and agree that Voice Network may conduct a preliminary check to determine if a Service is available in Your area. In addition, Voice Network is not required to provide Service to You where (1) Voice Network would have to incur unusual expenses which You will not pay; for example, special construction; (2) You owe amounts to Voice Network that are past due other than as a guarantor; and (3) You do not provide credit information satisfactory to Voice Network or a reasonable deposit, as requested by Voice Network from time to time and as determined, at least in part, by Your Usage patterns and quantity. Voice Network may provide partial services in current service areas at a higher cost than reflected on www.Voice Network.ca based on the location of the customers’ residence.

Service Interruption/Maintenance

Voice Network may interrupt Your Service at any time for any duration of time, without any notice or liability, in order to install, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons as may be required.

Voice Network does not guarantee uninterrupted operation of Service, or of its equipment, facilities, connections or network, or that there will not be delays, errors, defects or failures associated with the Services.

Payments and Billing

You are responsible for payment to Voice Network of charges for all Services provided, including all calls originating from the customer's premises and all calls charged to the customer's line where any person answering the customer's line agrees to accept such charge. You acknowledge that Voice Network collects all charges pursuant to Voice Network's preauthorized payment service, and that Voice Network will debit Your credit card (Visa, MasterCard or American Express) or bank account (via electronic funds transfer following provision of a void cheque by You), generally on the 21st day of the month following the calendar month to which the charges apply.

In the event Voice Network is unable to debit Your credit card or bank account, or otherwise is not paid in respect of Your use of Service, in addition to any other remedies available to Voice Network, Voice Network will charge an administrative fee and late charges at a monthly compounded rate of 2% (24% per annum). Voice Network will review any disputed charge, provided You continue to pay the undisputed portion and subsequent invoices.

Voice Network may require a security deposit where You have an unsatisfactory credit rating. Voice Network will review the continued appropriateness of such deposits at six month intervals and will provide a reimbursement of the deposit by way of application of the amount to Your current account, provided that timely account payment history has been demonstrated. When service is terminated, Voice Network will promptly refund the deposit, retaining only any amount then owed to it by You. Refund cheques will be issued within 60 days.

You acknowledge that Voice Network may not issue cheques for refunds for any amounts lower than ten dollars ($10.00). In the alternative, You agree that that any refunds lower than ten dollars ($10.00) will be credited against Your account or, at Voice Network's discretion, may be subject to a reasonably processing fee to refund. Except in the case of deception, You will not be responsible for paying a previously unbilled or under-billed charge that is billed more than one year following the end of the month in which such charge was incurred. Improperly billed or over-billed charges will be credited, provided that You dispute such charges within 150 days of the date of the bill.

Usage charges for all Voice Network 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 Voice Network'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.

In order to keep our costs to an absolute minimum and stay environmentally friendly, invoices will be sent electronically through Voice Network’s automated email billing system to the email address provided at the time of signup.

You agree to pay all taxes, surcharges, and fees set by the government. We may not always give advance notice of changes to these items. If You're exempt from retail sales tax, we need Your exemption certificates. You agree to pay for any filings we make related to Your exemptions.

Voice Network payback points can only be redeemed for accounts in good standing and cannot be used to pay your final bill. All points expire after 12 months without notice.

Customer Payment Notice

Customers are required to pay their monthly account balance in full within thirty (30) days of invoice date. Accounts carrying a balance at or after this time will be suspended and/or cancelled until full payment is received. Suspended Voice Network Home Phone and Voice Network High Speed Internet accounts will be charged a $35 CAD suspension charge. Reactivation of suspended Voice Network Home Phone and Voice Network High Speed Internet accounts will be charged a $35 CAD reactivation fee.

Customer Equipment

You agree that any equipment that You attach to Voice Network's Services will, subject to any further regulatory requirements, not damage, interfere with or create a hazard of damage or impair the functioning of Voice Network's Service, equipment or channels or create a hazard of danger to the users of the Company's service, equipment or channels, its employees, subcontractors or the public. Voice Network does not make any representation that it's facilities and Services are adapted to the use of Your provided equipment.

You agree that You will be responsible for reprogramming and reconfiguring all security systems, computers, routers, speed dial functions and any other equipment You connect to Voice Network's Services as a result of a telephone number change, email address change, access line or other change to Your Voice Network Services. You further agree that You will be liable for all such reprogramming and reconfiguration costs and that You will be responsible for any losses associated with Your failure to make the necessary changes.

Warranty Disclaimer and Limitation of Liability

Each of the following parties will also be entitled to the benefits and protections afforded to Voice Network under this Warranty Disclaimer and Limitation of Liability section: Voice Network affiliates which are not party to these Terms of Service; any of Voice Network's subcontractors and interconnection service providers; Voice Network's employees, directors, officers, agents, representatives, successors; and assigns of any of the foregoing entities.

Except as specifically provided in these Terms of Service, Voice Network makes no representations or warranties of any kind in connection with its network, connections, equipment, facilities or service, as contemplated herein, whether written or oral, statutory, express or implied, including without limitation the warranty of merchantability and the warranty of fitness for a particular purpose or use, and all such representations, warranties or conditions of any kind are, to the extent permitted by applicable law, hereby excluded.

The parties agree that Voice Network shall in no event be liable to You or any other person for any indirect, consequential, special, incidental, reliance or punitive damages, or for any lost profits of any kind or nature whatsoever, regardless of the foreseeability thereof, arising out of the provision of service or in any way arising out of these Terms of Service and any related agreements, whether in an action arising out of breach of contract, breach of warranty, delay, negligence, strict tort liability, patent or intellectual property matters or any other legal or equitable theory. However, in the event a court of competent jurisdiction finds Voice Network liable, Your exclusive remedy and Voice Network's sole liability for damages to You for any cause whatsoever regardless of form of action, including negligence, shall be for direct damages only and, except in the case of death, bodily injury and physical damage to property, wholly caused by Voice Network's negligence, shall not exceed an amount equivalent to the ordinary price of the relevant service purchased for one (1) month (to be determined as an average of billings in respect of such service over the closest previous three months in which there were no such problems or defects in the service). No action or proceeding against Voice Network may be commenced more than one (1) year after the event giving rise to such claim. The provisions of this section shall survive termination of these Terms of Service.

Without limiting the generality of the foregoing, Voice Network is not liable to You, any other user or other person for damages resulting from:

Other Indemnification

In addition to any other indemnities in these Terms of Service, You agree to indemnify, defend and hold harmless Voice Network, its affiliates, and each of the their shareholders, directors, officers, employees, agents, contractors, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees, resulting from any action, inaction or breach of these Terms of Service by You or other users. The provisions of this section shall survive termination of these Terms of Service.

Voice Network Intellectual Property

Voice Network or its affiliates or licensors, as the case may be, are the exclusive owners of all names, trade-marks, trade names, service marks and any copyright material relating to the Services ("Intellectual Property"). Nothing in these Terms of Service contemplates or creates permission of use of Intellectual Property for any marketing or advertisement by You or a transfer of license of Intellectual Property from Voice Network to You.

Force Majeure

Other than with respect to payment, Your and Voice Network's obligations pursuant to these Terms of Service will be suspended, pending resolution of any cause, event or proceeding reasonably outside of their control, provided You or Voice Network, as the case may be, pursue remediation of such impediment to the maximum extent possible with reasonable dispatch and effort.

Changes, Modifications or Termination of Plans or Plan Features

Without incurring liability, Voice Network may at any time and without notice to You, change, modify or terminate any Service, plan or Service or plan features, in whole or in part (including the rates or charges for all customers who at such time are not subject to a future term commitment). In the event of any such change or modification, You will be responsible for paying all charges incurred for use of such Service including any charges arising out of the change or modification. In the event of a termination of a Service, plan or Service or plan feature by Voice Network, You will be responsible for paying all charges incurred up to the applicable termination date.

Dispute Resolution and Mandatory Arbitration

Instead of suing in court, You and Voice Network each agree to settle disputes (except small claims that that can be dealt with pursuant to the jurisdiction of the Small Claims Court of Ontario) only by arbitration. The rules in arbitration are different. There's no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honour the same limitations in these Terms and Conditions, as a court would. To the fullest extent permitted by law we each agree that in the event that the Voice Network and You (collectively the "Parties" and individually, a "Party") cannot resolve a dispute within a time frame satisfactory to the Party raising the dispute, then, the dispute must be referred to arbitration by a single arbitrator in accordance with the Arbitration Act (Ontario). If the parties are unable to agree, within three (3) business days, on a single arbitrator who will be named to resolve the dispute, either Party may apply to the Ontario Superior Court of Justice to appoint a single arbitrator who will be suitably qualified by education and professional experience to deal with the matters that are the subject of the arbitration. The arbitration will take place in Toronto, Ontario. The decision of the arbitrator shall be in writing, stating the reasons for the award, shall be final and binding on the parties to the arbitration and no appeal shall be taken from any decision of the arbitrator unless the decision contains an error of law, which results in a determination that is patently unreasonable. If for some reason these arbitration requirements don't apply, each Party hereby waives any trial by jury.

Notices and Other Communications

Any notice or other communication will be in writing and will be provided by personal delivery, email or by facsimile to Voice Network or You as applicable, at the email address, regular address or facsimile number as set forth in Your service order(s). Notices delivered in person will be effective on the date of such delivery. Notices delivered by email or facsimile will be effective on the date of transmission, provided printed proof of transmission is obtained. Notwithstanding the foregoing, Voice Network may amend these Terms of Service, including with respect to any Service, plan or Service or plan feature as described in the paragraph above, from time to time as stated herein, and notice will be effective by virtue of Voice Network posting such revised Terms of Service on its website.

Assignment

You may not assign, lease, resell or transfer the Services to a third party without the prior written consent of Voice Network. Voice Network reserves the right to terminate the Services and the use of the Service, without any liability to You whatsoever in the event that You assign, lease, resell or transfer Services to a third party assignment by Voice Network, and transfer of personal information, to an affiliate of Voice Network or in any change of control transaction of Voice Network without the prior written consent of Voice Network.

No Waiver

The terms and provisions of these Terms of Service may only be waived in writing. No failure by Voice Network to insist upon Your performance of any obligation in these Terms of Service will constitute a waiver of the obligation.

Severability

The invalidity, illegality or unenforceability of any one or more provisions of these Terms of Service will not impair any other provision in these Terms of Service.

Language

You confirm that You accept these Terms of Service, as well as all other related documents, including notices, in English only.

Jurisdiction

These Terms of Service and any related agreements will be governed in all respects by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein.

Service Specific Terms, Rates and Charges

Please see Voice Network's web site at www.voicenetwork.ca or contact Voice Network Customer Service as provided in these Terms of Service for updated rates, fees, surcharges, pricing and features applicable to any specific Service, including those described below.

Voice Network Long Distance

Voice Network High Speed Internet