a. Acceptance of Terms:
Family Phone Corporation reserves the right to change, modify, update prices (Price Plans, Features, special numbers, etc.) add or remove portions of the Terms of Service at any time without direct notification to subscribers.
The Customer must check these Terms of Service for changes. The Customer’s continued use of this website and of the Family Phone Corporation service following the posting of changes to the Terms of Service will be considered an acceptance of those changes.
Service is offered on a monthly basis from the beginning to the end of the month. Fees are pro-rated based on the specific sign up date during that month.
Subsequent terms of this Agreement will be renewed automatically on a monthly basis without further action by the Customer unless the Customer provides Family Phone Corporation with written notice of non-renewal at least  days before the end of the monthly term in which the notice is given.
Since the Customer is purchasing Family Phone Corporation’s services for full monthly terms, if the Customer attempts to terminate Service prior to the end of a monthly term, he or she will be responsible for the full month’s charges to the end of the then-current term.
This will include unbilled charges, plus a Disconnection fee, all of which become due and payable immediately once the Customer provides notice.
It is also the Customer’s sole responsibility to verify and review their monthly invoices and periodically check-in on the status of their account. If the Customer notices any discrepancies, the Customer is responsible to immediately notify Family Phone Corporation of any required changes.
c. Commercial Use of Service and Device:
Family Phone Corporation services and devices are provided for use by the Customer. The Customer cannot resell or transfer Family Phone Corporation’s services or devices to any other person for any purpose, without the express and written permission of Family Phone Corporation in advance.
d. Lawful Use of Family Phone Corporation’s Services and Devices:
The Customer agrees to use Family Phone Corporation’s services and devices solely for lawful purposes.
Family Phone Corporation’s services cannot be used for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind.
This includes, but is not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, provincial, national or international law.
Family Phone Corporation reserves the right to terminate service immediately and without advance notice if the Customer violates the above restrictions.
In those cases the Customer will be responsible for the full month’s charges to the end of the current monthly term, including unbilled charges, plus a Disconnection fee, all of which become due and payable immediately once Family Phone Corporation’s service is terminated.
e. Unauthorized Usage of Family Phone Corporation’s Devices, Firmware or Software:
The Customer acknowledges that he or she is not given by the present agreement any license to use the firmware or software embedded in the device for any other purpose than that described in the present agreement as authorized by Family Phone Corporation; and that the devices provided are exclusively for use in connection with Family Phone Corporation’s services.
If the Customer decides to use Family Phone Corporation’s services through an interface device not provided by Family Phone Corporation, Family Phone Corporation reserves the right to prohibit or disconnect service as deemed necessary.
f. Tampering with Family Phone Corporation’s Devices:
The Customer agrees not to change the electronic serial number or equipment identifier of any Family Phone Corporation devices – or to perform a factory reset of the devices – without express prior written permission from Family Phone Corporation.
Family Phone Corporation reserves the right to terminate service should the Customer tamper with any of the devices, leaving the Customer responsible for the full month’s charges to the end of the current term, including unbilled charges, plus a Disconnection fee, all of which immediately become due and payable immediately.
g. Theft of Service:
The Customer agrees to notify Family Phone Corporation immediately, in writing or by calling the Family Phone Corporation customer support line, if any Family Phone Corporation device is stolen or if the Customer becomes aware that his or her service is being stolen or used fraudulently. When contacting Family Phone Corporation, the Customer must provide the account number and a detailed description of the circumstances of the said Family Phone Corporation device theft or stolen or fraudulent use of Family Phone Corporation services.
Failure to do so in a timely manner may result in the termination of the Customer’s service and additional charges to you. Please note that it is the Customer’s responsibility to secure any credentials provided to them by Family Phone Corporation.
h. Return of Family Phone Corporation Devices:
Family Phone Corporation devices may be returned to Family Phone Corporation within forty five (45) days of the line activation provided that:
(i) The Customer has retained proof of purchase and original packaging;
(ii) Family Phone Corporation items returned are undamaged and in original condition;
iii) All documentation and packaging materials are returned in good order.
If a Customer receives Family Phone Corporation cartons and/or devices that are visibly damaged, please note the damage on the carrier’s freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact Family Phone Corporation’s customer care department immediately.
Warranty coverage varies depending on the type of chosen device. Please refer to the Family Phone Corporation warranty materials included in the packaging of the Family Phone Corporation device(s).
After this forty five (45) day prescribed time limit, all disbursements for purchase of Family Phone Corporation devices by the Customer will be non-refundable at time of termination of Family Phone Corporation services by the Customer and/or Family Phone Corporation.
The Customer acknowledges that, under no circumstance, should there be any refund for the shipping charges nor the utilization fees based on a pro-rated period. All of these become due and payable immediately when the said devices are returned.
Customers renting the Family Phone Corporation devices must return their device(s) within 45 days from the Account Cancellation date or Service Termination date to enable account closure and final billing, provided that items returned are undamaged and in original condition and that all documentation and packaging materials are returned in good order.
Please note that if the devices are not returned within the 45 days time frame, the full hardware cost(s) will be charged on the account.
It is understood that the Family Phone Corporation devices are subsidized by Family Phone Corporation and that the true cost of the Family Phone Corporation devices are $80.00 per two port analog unit. The Family Phone Corporation devices are for Family Phone Corporation’s customers and are sold at a subsidized rate per unit on Family Phone Corporation’s website located at Family Phone Corporation.ca.
In the case of damage to a rented Family Phone Corporation unit – or non-payment of the Customer’s Family Phone Corporation account – the full amount of $80.00 plus applicable taxes will be charged to the Customer’s account for the cost of the Family Phone Corporation subsidized hardware.
i. Number Transfer on Service Termination:
Family Phone Corporation will agree to transfer the number to another carrier of the Customer’s choice upon termination of Family Phone Corporation’s services, provided that both:
(i) The account has been properly and lawfully terminated, and;
(ii) the Customer’s Family Phone Corporation account is completely current, given either of the following two cases:
a) One Line with Family Phone Corporation.
If we receive a request from your new service provider to terminate our service for a number, we will release the number shortly after notification to Family Phone Corporation by the relevant carrier (s), given that there are no reasons to reject.
Once your service is terminated and the port is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any disconnection fees (for non-returned equipment, special number porting out, promotions etc.).
If a port is unsuccessful for any reason (stranded services, suspended or inactive account, etc.), your service and your agreement with us will not terminate, you will remain an Family Phone Corporation customer, and you will continue to be responsible for all charges and fees associated with your Family Phone Corporation service.
b) More than One Line with Family Phone Corporation.
If we receive a request from your new service provider to terminate our service for a number and you have multiple numbers assigned to your account and/or additional devices such as Softphone on your account, you are required to inform us of your intent to terminate all the services on your account, prior to the successful completion of the requested port or we will select the most appropriate billing plan for any remaining numbers and/or devices on your Family Phone Corporation account, and you will continue to be responsible for all the charges and fees associated with the remaining services on your Family Phone Corporation account.
Once the port of the requested number is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any disconnection fees applicable to the ported number.
It is the Customer’s sole responsibility to verify and review their monthly invoices and periodically check-in on the status of their account. If the Customer notices any discrepancies, the Customer is responsible to immediately notify Family Phone Corporation of any required changes.
j. Long Distance Exclusivity:
It is understood that Family Phone Corporation will be the Customer’s exclusive long distance provider for the time that this agreement is in force. Family Phone Corporation has the authority to direct all of the Customer’s long distance calls through Family Phone Corporation’s lines.
k. Regular Usage:
Family Phone Corporation Customers must note that the service and device provided are solely for regular residential or commercial use.
The Customer shall not resell or transfer the service or the device to another party without prior written consent from Family Phone Corporation. The Customer is also prohibited from using the service or the device for auto-dialing, continuous or extensive call forwarding, telemarketing, fax or voicemail broadcasting or fax or voicemail blasting.
We reserve the right to immediately terminate or modify a Customer’s service if we determine that his or her use of the service or the device is, or at any time was, inconsistent with normal residential usage patterns.
In addition, the Customer will be required to pay our rates for wholesale service for all periods in which his or her use of the service or the device was inconsistent with normal residential or commercial use.
l. Fraudulent calls:
The Customer is solely responsible for the security and integrity of their VoIP gateway, and acknowledges that any usage charges resulting from unauthorized access to their gateway or network by a known or unknown party will be invoiced to the Customer.
m. Family Phone Corporation Service Promotional Packages:
On occasion, Family Phone Corporation may offer service promotional packages (“Promotions”). The duration (“Trial Period”) and terms of these may vary according to the specifications of the sales promotions as described in the promotional literature or on the website.
n. Proprietary Rights:
The Customer acknowledges and agrees that all content available on this website is protected by copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.
Except as expressly authorized by Family Phone Corporation Inc., the Customer agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
Notwithstanding the above, the Customer may print or download one copy of the materials or content on this website on any single computer for their personal, non-commercial use, provided the Customer keeps intact all copyright and other proprietary notices.
Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Family Phone Corporation Inc. is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Service is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without the express written permission of Family Phone Corporation Inc.
2. Service Outage
a. Power Outage:
The Customer acknowledges and understands that Family Phone Corporation’s services do not function in the event of a power failure. Should there be an interruption in the power supply; services will not resume until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to resuming Family Phone Corporation’s services.
b. Broadband Service Outage:
The Customer acknowledges and understands that service outages by their broadband provider will prevent any calls from being made or received.
c. Service Outage Due to Suspension of the Customer’s Account:
The Customer acknowledges and understands that service outages due to suspension of his or her account as a result of billing issues will prevent any calls from being made or received.
d. Other Service Outages:
The Customer acknowledges and understands that if there is a service outage for any reason, such outage will prevent any calls from being made or received. Such outages may occur for a variety of reasons, including but not limited to, those reasons described elsewhere in this Agreement.
3. Service Limitations
a. IMPORTANT INFORMATION ABOUT EMERGENCY 9-1-1 SERVICE:
VoIP services allow the customers to make or receive telephone calls over the Internet to or from the public switched telephone network.
The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and the customer acknowledges, understands and agrees that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 911 emergency services.
Differences to Traditional Telephone Service:
Because of the unique nature of VoIP telephone calls, emergency calls to 911 through Family Phone Corporation will be handled differently than traditional telephone services.
The following provisions describe the differences and limitations of 911 emergency calls, and the Customer hereby acknowledges and understands that the Family Phone Corporation service is not a traditional telephone service.
There are important differences between traditional 911 telephone services and the services provided by Family Phone Corporation as set out in these Terms and Conditions. Customers must review the section below in its entirety.
Placing 911 calls:
If the customer makes a 911 emergency call, Family Phone Corporation will attempt to automatically route the customers 911 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to the customers address of record on his or her account.
However, due to the limitations of the VoIP telephone services, the customers 911 call may be routed to a different location than that which would be used for traditional 911 dialling.
For example, the customers call may be forwarded to a third-party, specialized call centre that handles emergency calls.
This call centre is different from the PSAP (Public Safety Answering Point) that would answer a traditional 911 emergency call which has automatically generated the customers address information.
Consequently, the VoIP customer will be required to provide his or her name, address, and telephone number to the call centre operator.
How your information is provided:
Family Phone Corporation will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with the customers account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain the customers name, phone number or physical location.
Therefore, when making a 911 emergency call, the customer must be prepared to immediately (confirm and) inform the dispatcher of his or her location and call-back number (or the location of the emergency, if different), since the operator may not have this information.
If the customer is unable to speak, the dispatcher may not be able to locate him/her if the customer’s location information is not up to date.
Failure to keep information current will result in a Customer not being able to communicate during a 9-1-1 call; and/or the emergency operator may assume that Customers are at the last registered address.
Correctness of information:
The customer is responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) with his or her account.
If the customer does not correctly identify the actual location where he/she is located, or if the customers account information has recently changed or has otherwise not been updated, 911 calls may be misdirected to an incorrect emergency response site.
For example, if the Customer changes the address from which he or she uses their FAMILY PHONE CORPORATION 911 service, access to 9-1-1 Service will not function properly.
Upon moving to a new address, or change of use of FAMILY PHONE CORPORATION VIP 911 service, the Customer must immediately notify and advise Family Phone Corporation by email or by telephone with the most current location information.
Failure to advise Family Phone Corporation of any changes will adversely affect the ability to access 9-1-1 Service.You may also update your most likely physical address online through the Family Phone Corporation Portal.
911 NOTE for Auto Attendant clients:
For Auto Attendant customers with their associated extensions, please note that only the main company number and the main company service address will be on file for 911, regardless of where the associated extension is located.
During the 9-1-1 call, the customer must not disconnect the 911 emergency call until told to
do so by the dispatcher, as the dispatcher may not have the customers number or contact information.
If the customer is inadvertently disconnected, he/she must call back immediately.
For technical reasons, including network congestion, it is possible that a 911 emergency call will produce a busy signal or will take longer to connect when compared with traditional 911 calls.
911 calls may not function:
For technical reasons, the functionality of 911 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:
if your service or your system (service) access equipment fails or is not configured correctly
if your VoIP service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues, network or Internet congestion,
network or Internet outage in the event of a power; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 911 emergency calls;
changing locations—if you move your system access equipment to a location other than that described in the customer’s account information or otherwise on record with Family Phone Corporation.
Therefore, it is strongly advised that backup power supply be made available, such as a UPS.
Inform other users:
The customer must ensure full understanding of the 9-1-1 Service limitations and is responsible for notifying, and agrees to notify, any user or potential users of VoIP services aware of the nature and limitations of 911 emergency calls on the VoIP services as described herein.
Customers are advised to review this section with respect to Family Phone Corporation’s limitations of liability.
b) THE CUSTOMER CONFIRMS THAT THEY HAVE READ AND UNDERSTOOD THESE 9- 1-1 SERVICE DIFFERENCES. BY ACCEPTING THESE TERMS, THE CUSTOMER ACCEPTS Family Phone Corporation VoIP SERVICES ON THESE TERMS, AND HEREBY WAIVES ANY AND ALL CLAIMS OR CAUSES OF ACTION AGAINST Family Phone Corporation, ITS AFFILIATES, UNDERLYING CARRIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS, LICENSORS, AND SUPPLIERS ARISING FROM OR RELATING TO THE Family Phone Corporation OR NET FAMILY PHONE CORPORATION 911 PC PHONE 9-1-1 SERVICE. THE CUSTOMER ALSO AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE ABOVE PERSONS FROM ANY SUCH CLAIMS FOR DAMAGES, INCLUDING LEGAL FEES. THE CUSTOMER’S WAIVER AND INDEMNITY IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
c) Collect Call and Operators Services:
Family Phone Corporation does not currently offer collect calls or operator assistance.
d) Broadband Service Outage:
The Customer acknowledges and understands that service outages by his or her broadband Internet service provider will prevent Family Phone Corporation services.
e) Loss of Service Due to Power Failure:
The Customer acknowledges and understands that the service does not work in the event of power failure and will resume when power is restored. A power failure or disruption may require a re-set or reconfiguration of the equipment prior to restoration of the service.
f) Service Outage Due to Suspension of a Customer’s Account:
The Customer acknowledges and understands that service outages due to suspension of the account as a result of billing issues will prevent all service elements from operating.
g) Other Service Outages:
The Customer acknowledges and understands that if there is a service outage for any reason, such outage will prevent all service, INCLUDING 9-1-1 SERVICE.
4. Changes to this Agreement
As technologies and services progress, Family Phone Corporation may change the terms of the Agreement after providing  days advance notice to the Customer. Family Phone Corporation provides notice by:
a. Posting to the “Service Announcements” section of our website
b. Electronic mail directed to the email address provided upon sign-up for Family Phone Corporation’s services, or to the current email address if Family Phone Corporation has received notification that it has changed.
The Customer is responsible for notifying us of any changes in his or her email address by contacting firstname.lastname@example.org.
Otherwise, we will continue to use the Customer’s previous e-mail address until we have received notice of the address change.
5. Charges / Payments / Default /
Taxes / Termination
Family Phone Corporation will provide monthly invoices stating the recurring and non-recurring fees for the upcoming month on the second day of the month. Invoices are due by the sixteenth day of the same month. We reserve the right to bill at more frequent intervals if the amount owing at any time exceeds $50. The Customer is responsible for payment to Family Phone Corporation of charges for all service(s) and equipment supplied to them.
A late payment charge applies when payment has not been received within twenty one (21) days after the date of the statement of account for service.
This charge is a monthly compound rate of 1.5%. If the account has been suspended due to non-payment, Family Phone Corporation reserves the right to apply a $20 reactivation fee before re-instating all services.
An administrative fee will be charged for any payments returned for non-sufficient-funds (“NSF”). The Customer agrees to pay Family Phone Corporation an administration fee of $15.00 every time his or her credit card is denied or we are unable to withdraw the month’s charges from their bank account due to NSF.
No charge disputed by the Customer can be considered past due unless Family Phone Corporation has reasonable grounds for believing that the purpose of the dispute is to evade or delay payment.
The Customer acknowledges that Family Phone Corporation will not issue cheques for refunds for amounts lower than ten dollars ($10.00). Alternatively, the Customer agrees that any refunds lower than ten dollars ($10.00) will be credited against the Customer’s account.
Unless there has been a deception with regard to a charge, the Customer is not responsible for paying a previously unbilled or under billed charge except where:
1) A recurring charge it is correctly billed within a period of one year from the date it was incurred;
2) A non-recurring charge is correctly billed within a period of 150 days from the date it was incurred.
In the case of a recurring charge that should not have been billed or was over billed, the Customer will be credited with the excess back to the date of the error, subject to applicable limitation periods provided by law.
However, if the Customer does not dispute the charge within 60 days of the date of an itemized statement which shows that charge correctly, Family Phone Corporation will not credit such charge for the period prior to that statement.
Non-recurring charges that should not have been billed or that were over billed will be credited, provided that the Customer disputes such charges within seven (7) days of receiving their credit card statement.
b. Billing Disputes:
The Customer must notify Family Phone Corporation in writing within seven (7) days after receiving their credit card statement if there is dispute of any Family Phone Corporation charges or such dispute will be deemed waived. Billing disputes should be reported to the following address:
Telco2GO – 215-55 Northfield Drive East, Waterloo, ON
Family Phone Corporation accepts the following payment methods:
Pre-authorized credit card withdrawals
The customer’s initial use of services, after having submitted credit card or bank account information with the express request to be used for pre-authorized payments, validates Family Phone Corporation’s processing of the provided information for the due charges. The customer must notify Family Phone Corporation of any changes in payment information, and is responsible for charges that accrue during any billing charges.
The authorization will remain valid until 30 days after Family Phone Corporation receives written notice requesting termination of pre-authorized payments. Family Phone Corporation may terminate service at any time at its sole discretion, if any charge to the Customer’s credit card or bank account on file with Family Phone Corporation is declined and/or in the case of any other non-payment of account charges.
In the case of termination of service for declined card or bank account or non-payment, the Customer is fully liable to Family Phone Corporation for all charges accrued before termination, as well as for charges incurred by Family Phone Corporation owing to non-payment, such as (but not limited to) collection costs and attorney’s fees.
d. Consent to Credit Verification:
By Agreeing to Family Phone Corporation’s Terms of Service I hereby declare that all the information provided by me is true, complete and correct to the best of my knowledge. I understand that this information may be used to determine my credit worthiness and in order to assess my ability to meet my financial obligations. I authorize Iris Technologies Inc. and its agents or assigns to:
i) Request and obtain personal information on an ongoing basis from credit bureaus from previously collected credit history information;
ii) Exchange personal information on an ongoing basis with credit bureaus in order to protect me, to ensure the completeness of the information and to maintain the integrity of the credit granting system;
iii) Co-operate with local, provincial and national authorities in the investigation of unlawful or improper activities in order to protect myself and Family Phone Corporation from fraudulent transactions;
iv) Disclose my personal information where necessary to protect Family Phone Corporation’s and my interests.
v) I agree that Family Phone Corporation may conduct a preauthorization on my credit card, in order to determine my credit worthiness, which will imply blocking an amount at least equal to the first invoice. The amount will be released in 48 hours (Note: certain banks release the amount upon customer’s request).
vi) I acknowledge that based on the result of the credit verification, Family Phone Corporation may request a security deposit which stands as a primary condition for providing the service. The deposit is calculated as 150% out of the monthly charges, and might be returned upon request after 12 months of positive payment history.
If the service requires equipment, the customer agrees to choose one of the following options:
• to pay a security deposit equal to the purchase price of the equipment, and be charged for the monthly rental price; this deposit will be returned once the equipment is returned to Family Phone Corporation undamaged; or
• to purchase the equipment
e. Termination/Discontinuance of Service:
Family Phone Corporation reserves the right to discontinue providing services generally, or to terminate the Customer’s service, at any time at its sole discretion.
If Family Phone Corporation discontinues providing services generally, or terminates the Customer’s service at its discretion without a stated reason, the Customer will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges.
If service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of Family Phone Corporation’s services (such as, but not limited to, attempts to hack, disrupt, or misuse Family Phone Corporation’s services), the Customer will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus a Disconnection fee, all of which become immediately due and payable.
In addition to Family Phone Corporation’s right to terminate the Customer’s Services, Family Phone Corporation may restrict, block, suspend or terminate any or all of the Customer’ Services or accounts, without notice to the Customer, if:
Customer is in breach of the Agreement, including non-payment of charges or non-compliance with any Policies;
Customer does not maintain Service usage within the prescribed credit limit;
Customer exceeds reasonable usage limits, as determined by Family Phone Corporation;
Customer has given Family Phone Corporation false, misleading or outdated information;
Family Phone Corporation reasonably suspects or determines that any of the Customer’s account, identifiers or Services are the subject of fraudulent, unlawful or improper usage or usage that adversely affects Family Phone Corporation’s operations or the use of Family Phone Corporation’s services, facilities or networks by others;
Customer harasses, threaten or abuses Family Phone Corporation or its employees or agents;
Customer fraudulently or improperly seeks to avoid payment to Family Phone Corporation;
Family Phone Corporation needs to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the Services, its facilities or networks;
Any account or service on which the Customer’s Services depend is terminated for any reason;
Family Phone Corporation reasonably believes that there is an emergency or extreme circumstance that would warrant such action.
Customer acknowledges and agrees to provide Family Phone Corporation a thirty (30) day notice of Service / Account Cancellation by submitting an Account Termination Request. Customer may also benefit from the service during the 30 days period of cancellation. Upon the Service Agreement Termination, customer will remain responsible for payment of all outstanding balances accrued throughout the effective date of cancellation as well as applicable disconnection fees or purchase fees.
Family Phone Corporation’s equipment may be returned within the 30 days of cancellation, or 14 days after the account has been closed; failing to do so, the Customer will be charged the full purchase price of any and all equipment not returned. Returned equipment must include original packaging, accessory materials and must not have any physical damage. If any of Family Phone Corporation’s equipment is returned in an unsatisfactory condition, damaged or broken, Family Phone Corporation will charge the Customer the full purchase price of this equipment.
If the Customer cancels the Service prior to ninety (90) days from the Activation Date, Family Phone Corporation may charge the customer an administrative fee of $100.
Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on Family Phone Corporation as a result of providing Family Phone Corporation’s services or a device will be billed to the Customer’s account. If a Customer is exempt from payment of such taxes, then that Customer will provide Family Phone Corporation with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date Family Phone Corporation receives the Tax Exempt Document.
g. Disconnection Fee:
The Customer will be charged a disconnection fee of $39.99 per line upon any termination of Service, with the following exceptions:
When termination results from Family Phone Corporation discontinuing services generally
When Family Phone Corporation terminates service at its discretion without a stated reason
When the customer returns Family Phone Corporation devices within 45 days of the line activation.
The disconnection fee will also be applied also in the case when the customer is not cancelling the entire account, but changing the offer to one with no disconnection fee, or cancelling one/ several lines, while keeping other lines active. If the customer has been with Family Phone Corporation for more than two years, the deactivation fee will be waived as a courtesy. If the customer decides to cancel before the two years, a $39.99 deactivation fee/ line will be applied on the customer’s final invoice.
a. Limitation of Liability:
Family Phone Corporation shall not be liable for any failure to provide its services or any degradation of voice quality caused by any of the following:
a. Act or omission of an underlying carrier
b. Equipment, network or facility failure
c. Equipment, network or facility upgrade or modification
d. Force majeure events such as (but not limited to) acts of god: strikes; fire; war; riot; government actions
e. Equipment, network or facility shortage
f. Equipment or facility relocation
g. Any other cause that is beyond Family Phone Corporation ’s control, including without limitation the failure of an incoming or outgoing call to be connected or completed, including a 9-1-1 emergency call. This includes degradation of voice quality. Family Phone Corporation’s liability for any failure or mistake shall in no event exceed service charges on account of the affected time period.
Family Phone Corporation is not liable for incidental or consequential damages of any type.
UNDER NO CIRCUMSTANCES SHALL Family Phone Corporation INC., ITS PARENTS, SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Family Phone Corporation INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Family Phone Corporation INC.’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
The Customer agrees to defend, indemnify, and hold Family Phone Corporation, its affiliates and agents and any other service provider who furnish services to the Customer in connection with this Agreement or Family Phone Corporation’s services, free from claims or damages by, or in the right of, the customer relating to this Agreement, Family Phone Corporation’s services or the device. This paragraph shall survive termination of this agreement.
c. No Warranties on Service:
Family Phone Corporation, ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS PROVIDE THE SERVICES “AS-IS” AND MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH THE NETWORK, THE SERVICES (INCLUDING ANY FEATURES) OR THE EQUIPMENT 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. ALL REPRESENTATIONS WARRANTIES OR CONDITIONS OF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
d. No Warranties or Limited Warranties for Devices:
If the Customer has purchased a new device from Family Phone Corporation that includes a limited warranty at the time of purchase, the Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties.
If the device did not include a limited warranty from Family Phone Corporation at the time of purchase, the Customer agrees to accept the unit in question on an “as is” basis and is not entitled to replacement or refund in the event of any defect.
7. Confidential Information:
Confidential Information shall include all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, by one Family Phone Corporation representative to the Customer.
Except as otherwise specified herein, the Customer and Family Phone Corporation each expressly undertake to retain in confidence all information transmitted to them by the other party pursuant to this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential (“Confidential Information”), and will make no use of such Confidential Information except under the terms and during the existence of this Agreement.
The Customer and Family Phone Corporation shall treat the terms and conditions of this Agreement as confidential; however, either party may disclose such information in confidence to its immediate legal and financial consultants as required in the ordinary course of that party’s business.
The receiving party’s obligation hereunder shall extend for two (2) years following the disclosure of the Confidential Information.
8. Privacy and Notices:
Notices to Customers shall be sent to the email address on file for the Customer at Family Phone Corporation’s offices and will be considered given on the date sent out by Family Phone Corporation to the party concerned. Please refer to Section 4 of this Agreement regarding a change of e-mail address.
Family Phone Corporation collects personal information to:
Help provide the Customer with better service delivery
Understand each Customer’s needs in order to recommend appropriate products or services
Better manage its own operations
Comply with legislative requirements
Prevent fraud and protect Family Phone Corporation and its Customers from possible fraudulent actions
Family Phone Corporation will advise the Customer of the reason it collects personal information when or before such information is collected.
The Customer’s knowledge and consent to the collection, use or disclosure of personal information is required, except where inappropriate to do so.
Family Phone Corporation will limit its collection of personal information to that which is necessary for the abovementioned purposes. This collection shall only be done by fair and lawful means.
Family Phone Corporation will not use or disclose personal information for any purposes other than those for which it was collected, except with the consent of the individual or as required by law.
When we provide information to third parties, such parties are required to adhere to confidentiality agreements to ensure that the Customer’s information remains safe and secure.
Third parties include Family Phone Corporation agents, other communication service providers (to enable service delivery outside Canada), collection agencies, emergency services and law enforcement agencies.
Personal information shall be retained only as long as necessary for the fulfillment of those purposes.
Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
Only authorized Family Phone Corporation employees are permitted to have access to a Customer’s personal information and such access is limited by need.
If a customer calls Family Phone Corporation’s Customer Care department with a concern or complaint for example, the representative is allowed to access only the personal information that he or she needs to address that concern.
6. Customer Access.
Upon request, the Customer shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information.
The Customer may challenge the accuracy and completeness of the information and have it amended as appropriate.
7. Definition: “Personal Information”.
Means information about an identifiable individual and includes information about the Customer’s Family Phone Corporation VoIP service selections.
Information that is publicly available (such as a public directory listing of a name or information that is printed on a business card – including the Customer’s address, telephone number and email address) is not considered personal information.
9. Resolution of Disputes:
Mandatory Arbitration: Any dispute or claim between a Customer and Family Phone Corporation arising out of, or relating to, Family Phone Corporation’s services or devices provided by Family Phone Corporation in connection with this Agreement shall be resolved by arbitration before a single arbitrator.
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 the Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims to the arbitration process.
The arbitrator shall have no authority to award punitive damages. The Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.
10. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada, without regard to its conflict of law provisions.
The Customer and Family Phone Corporation agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario.
The failure of Family Phone Corporation to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Family Phone Corporation’s services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
11. Entire Agreement:
This Agreement and the rates for services found on Family Phone Corporation’s website constitute the entire agreement between the Customer and Family Phone Corporation and govern the Customer’s use of Family Phone Corporation’s services.
This Agreement supersedes any prior agreements between the Customer and Family Phone Corporation and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter between the Customer and Family Phone Corporation as regularly updated.
No amendment to this Agreement shall be binding upon Family Phone Corporation unless and until posted in accordance with Section 3 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. 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 endeavour 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.