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Terms of Service

SMARTCALL TELECOM TERMS OF SERVICE

These Terms of Service constitute the agreement ("Agreement") between SmartCall Telecom ("we," "us" or "SmartCall Telecom") and the user ("you", "user", "customer") of SmartCall Telecom's communications services and any related products or services ("Service").

BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY ITS TERMS AND CONDITIONS.

1. SERVICE TERM.
1.1 (a) Service Term. Service is offered and paid for on a prescribed recurring basis for a term that begins on the date that SmartCall Telecom activates your Service and ends on the day before the same date in the following period ("Service Term"). Subsequent terms of this Agreement automatically renew for the same Service Term unless you give us written notice of disconnection at least ten (10) days before the end of the applicable Service Term. You are purchasing the Service for the full Service Term, meaning that if you attempt to disconnect Service prior to the end of the applicable Service Term, you will be responsible for all charges relating to the then-current Service Term, including unbilled charges, plus a disconnection fee, if applicable, all of which will immediately become due and payable. You will also be responsible for charges for the following Service Term in the event that you do not provide the requisite ten-day disconnect notice as described above.

1.2 Prohibited Uses: Unlawful Uses and Inappropriate Conduct
You shall use the Service only for lawful purposes. You shall not use the Service in any way that is improper or inappropriate, including in a manner that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. In addition, you shall not use the Service to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques or other automated devices or programs to catalogue, download, store or otherwise reproduce or distribute information from the Service or use any such automated means to manipulate the Service; use the Service to violate any law, rule or regulation; violate any third party's intellectual property or personal rights; or exceed your permitted access to the Service. Subject to applicable law, we may, but are under no obligation to, monitor usage of the Service for violations of this Agreement. We may remove or block any or all communications if we suspect a violation of this Agreement or if we deem it necessary in order to protect the Service, or SmartCall Telecom, its parent, affiliates, directors, officers, agents and employees from harm. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service for an unlawful purpose or in ways mentioned above. In the event of such disconnection you will be responsible for all fees and charges due under this Agreement, including those referred to in Section 1.1, plus a disconnection fee, if applicable, all of which will be immediately due and payable. If we believe that you have used the Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, SmartCall Telecom will provide customer and call detail information in response to lawful government requests, subpoenas, court orders and to protect its rights and property, and in response to law enforcement requests where the failure to disclose the information may lead to imminent harm to the customer or others. Furthermore, SmartCall Telecom reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.

1.3 Copyright; Trademark; Unauthorized Usage of Device; Firmware or Software.

The Service and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service and all Services, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks.

1.4 Theft of Service. You shall not use or obtain the Service in any manner that avoids SmartCall Telecom policies and procedures including in an illegal or improper manner. You shall notify us immediately, in writing or by calling our customer support line, if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the disconnection of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service stolen from you and any and all stolen, fraudulent or unauthorized use of the Service. SmartCall Telecom reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.

1.5 Service Distinctions. The Service is not a traditional telecommunications service and we provide it on a best efforts basis. Things beyond our control may affect the Service, such as power outages, fluctuations in the Internet, your underlying ISP or broadband service. Other things may affect Service, such as maintenance. SmartCall Telecom will act in good faith with a view to minimizing disruptions to your use of and access to Service. Important distinctions exist between a traditional telecommunications service and our Service, and our Service is subject to different regulatory treatment than a traditional telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

1.6 No 0+ or Operator Assisted Calling; May Not Support x11/8xx Calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900 or calling card calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.

1.7 No Directory Listing. The phone numbers you obtain from us will not be listed in any telephone directories. Phone numbers transferred from your local phone company may, however, be listed. As a result, someone with your phone number may not be able to utilize a reverse directory to look up your address.


1.8 Customer Service. We offer varying types and levels of customer service depending upon a number of factors, including the Service you are using and the problems you are experiencing. For more information on our customer service options, please review our website located at www.SmartCallTelecom.com. We assume no obligation to provide support services for any third party products or services, or problems with the Service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.
2. CHARGES; PAYMENTS; TAXES; DISCONNECTION

2.1 Billing. When the Service is activated, you must provide us with a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. If your payment method expires, you close your account, your billing address changes, or your payment method is cancelled and replaced on account of loss or theft, you must advise us at once. We will bill all charges, fees, applicable taxes and surcharges for each Service Term in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your payment method, including but not limited to: activation fees; Service fees; usage charges; international usage charges; advanced feature charges; premium services
The amount of such fees and charges shall be published on our website and may change from time to time. SmartCall Telecom may introduce new products and services at special introductory pricing. Introductory pricing may change at SmartCall Telecom's discretion. Where required by law, notification of invoices will be sent to you via your email address on file with us. We reserve the right to bill at more frequent intervals if the amount you owe to us at any time exceeds $50. SmartCall Telecom bills usage charges in full minute increments that are rounded up to the next full minute unless otherwise set forth in the rate schedules found on our website. SmartCall Telecom bills fractional usage charges in full cents that are rounded up when the value is $.005 or more and down when the value is less than $.005, unless otherwise set forth in the rate schedules found on our website.

The above fees are defined as follows:
Activation Fee - This fee covers charges for setting up your account and activating you on our system.

Service Fee - This is the basic charge associated with your service. This fee includes the calling charges defined by your plan; the features associated with your plan and basic account services.

Usage Charges - If you exceed the number of calling minutes on your plan, you must refill your account with SmartCall Telecom online in order to be able to place a call.

Taxes - SmartCall Telecom is required to bill and collect local, provincial and federal taxes imposed on SmartCall Telecom customers by the various taxing authorities. SmartCall Telecom passes all taxes it collects on to the appropriate taxing authority.

2.2 Billing Disputes. You must notify us in writing within seven (7) days after receiving your statement from your credit card issuer if you dispute any SmartCall Telecom charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be directed to SmartCall Telecom Canada Customer Care at +1 (416) 825-9167 or 647-746-3323.
Customer Care Billing Department
SmartCall Telecom Canada.
105 Tanjoe Crescent
Toronto, Ontario, M2M 1P6
Canada

2.3 Payment and Collection.
(a) Payment. Your subscription to the Service authorizes us to collect from your payment method. This authorization will remain valid until thirty (30) days after we receive written notice from you terminating our authority to charge your payment method, whereupon we will charge you for the disconnection fee, if applicable, and any other outstanding charges and disconnect your Service. We may disconnect your Service at any time in our sole and absolute discretion if any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method or in case of any other non-payment of account charges.
(b) Collection. If your Service is disconnected, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and legal fees and expenses.

2.4 Disconnection; Discontinuance of Service. We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final Service Term charges. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for all charges through the end of the current Service Term, including unbilled charges, plus the disconnection fee, if applicable, all of which will immediately be due and payable.

SmartCall Telecom will pursue collection for unpaid amounts on disconnected accounts and may report to and exchange credit and personal information with any credit/consumer reporting agency and financial institution relating to this Agreement.


2.5 Taxes. Federal, provincial, municipal, local or other governments may assess taxes, surcharges and/or fees on your use of SmartCall Telecom service. These charges may be a flat fee or a percentage of your SmartCall Telecom charges and may change from time to time without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable federal, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your payment method as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.

2.6 Disconnection Fee You will be charged a disconnection fee of $29.99 CDN per voice line if your Service is disconnected subject to applicable federal, provincial and local laws.

2.7 Money Back Guarantee; Limitations and Conditions.
(a) We offer a thirty (30) day money back guarantee ("Money Back Guarantee") from the date your Service is activated. The Money Back Guarantee applies only to the first-ordered line per account, not to additional or secondary lines. We will refund or credit the activation fee, the Service charge for the first Service Term and the $29.99 disconnection fee provided that:

  • The Money Back Guarantee period only applies to the initial line ordered on your account; additional lines are excluded;
  • you have not exceeded 150 minutes of usage;
  • Service is cancelled within the first thirty (30) days following the activation of the Service and activation occurs when you place your order for service;


So long as you cancel Service within the Money Back Guarantee Period and comply with the above described conditions, SmartCall Telecom will issue ONE disconnection fee credit to your account.

SmartCall Telecom may not be able to refund all applicable taxes. You will be responsible for any charges for international usage, payphone calls to SmartCall Telecom toll free numbers and directory assistance. We reserve the right to terminate or revoke this Money Back Guarantee at any time, without prior notice.

2.08 No Refunds for Pre-Paid Service Plan Customers. Subject to the Money Back Guarantee and applicable law, we will not refund any Service Fees or any other amounts paid in connection with any pre-paid Service plans.

3. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
3.1 Limitation of Liability. We will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:

  • an act or omission of an underlying carrier, service provider, vendor or other third party;
  • equipment, network or facility failure;
  • equipment, network or facility upgrade or modification;
  • force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
  • equipment, network or facility shortage;
  • equipment or facility relocation;
  • service, equipment, network or facility failure caused by the loss of power to you;
  • outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party;
  • any act or omission by you or any person using the Service or Device provided to you; or
  • any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.

Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.

3.2 Disclaimer of Liability for Damages. IN NO EVENT WILL SMARTCALL TELECOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

3.3 Indemnification and Survival.
(a) Indemnification. You shall defend, indemnify, and hold harmless SmartCall Telecom, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party or user of the Service, relating to this Agreement or the Services, including, without limitation, 911 Dialing.
(b) Survival. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.

3.4 No Warranties on Service. To the extent permitted by applicable law, WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, REASONABLY ACCEPTABLE QUALITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY OR CONDITION THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE PROVIDE NO WARRANTY OR CONDITION THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER SMARTCALL TELECOM NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF SMARTCALL TELECOM'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY SMARTCALL TELECOM OR SMARTCALL TELECOM'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OR CONDITION OF ANY KIND.


3.6 No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

3.7 Content. You will be liable for any and all liability that may arise out of the content transmitted by or to you or any person, whether authorized or unauthorized, using your Service (each such person, a "User"). You shall ensure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to disconnect or suspend your Services and remove your or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users' use or content.

4. MISCELLANEOUS
4.1 Governing Law. The Agreement and the relationship between you and us is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 4.2, you shall submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario and waive any objection as to venue or inconvenient forum.

4.2 Mandatory Arbitration and No Jury Trial. Except to the extent contrary to applicable law, any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by a Canadian arbitration organization of our choosing. The arbitration shall take place in Toronto, Ontario and shall be conducted in English. The arbitrator's decision will follow the plain meaning of the relevant documents, and will 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. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED, except to the extent such a limitation is prohibited by applicable law. All claims shall be arbitrated individually. Except to the extent contrary to applicable law, you shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, ONTARIO.

4.3 No Waiver of Rights. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

4.4 Entire Agreement. This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and SmartCall Telecom and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and SmartCall Telecom and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

4.5 Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

4.6 French Language. The parties confirm that it is their express wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations, have been and shall be drawn up in the English language only. Les parties aux pr�sentes confirment leur volont� expresse que cette convention, de m�me que tous les documents s'y rattachant, y compris tous avis, annexes et autorisations s'y rattachant, soient r�dig�s en langue anglaise seulement.

5. FUTURE CHANGES TO THIS AGREEMENT
We may change the terms and conditions of the Service and this Agreement, as well as amounts charged under this Agreement, from time to time. Notices will be considered given and effective on the date posted on www.SmartCall Telecom.com, or as otherwise may be required by applicable law. Subject to applicable law, such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. If this Agreement is amended and you do not wish to accept the amendment, you may terminate the Agreement as provided in Section 1.1.

6. PRIVACY
6.1 Network Security. SmartCall Telecom Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. SmartCall Telecom is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy at www.SmartCallTelecom.com for additional information.

6.2 Personal Information. To the extent that personal information is provided in connection with this Agreement, the customer confirms that he or she consents, and that all other necessary consents have been obtained, to the use, collection and disclosure by SmartCall Telecom, assignees of SmartCall Telecom, and their respective affiliates, agents and contractors for the following purposes: (i) providing products and services to the customer, (ii) contract management and administration, (iii) establishing a customer relationship and communicating with customers, (iv) developing, implementing and managing products and services for customers, (v) assisting in law enforcement purposes and collecting unpaid debts, (vi) protecting, managing and promoting their business interests and activities; (vii) providing information to the customer on other products and services which may be available; and (viii) otherwise as required or permitted by law or this Agreement. The customer may withdraw his or her consent in respect of clause (vii) above, without affecting his or her other arrangements with SmartCall Telecom, by notifying SmartCall Telecom's Privacy Officer in writing at privacyofficer@SmartCallTelecom.com. Further information on SmartCall Telecom's privacy policies, as well as access to any such personal information for purposes of review, correction and updating, may also be obtained by writing to the Privacy Officer. For the purposes of this Section 6.2, "personal information" does not include the name, address and telephone number of a subscriber that appears in a publicly available telephone directory.

Last Updated: July 24, 2009. Copyright 2008 - 2009 SmartCall Telecom Marketing Inc. used under license. SmartCall Telecom is a registered service mark owned by and used under license from SmartCall Telecom Marketing Inc. a wholly owned subsidiary of World Wireless Solutions Inc.

Using the SmartCall Telecom� mark and other SmartCall Telecom Holdings Corp. intellectual property such as logos, slogans, trade dress, and graphic symbols on packaging, products, or services requires express written permission from SmartCall Telecom Holdings Corp.Use of confusingly similar or disparaging terms is a violation of our intellectual property rights.
� 2001-2009 SmartCall Telecom Holdings Corp. All Rights Reserved.

 

ACCESS NUMBER
1 416 840 2156
1 604 757 9809
Lowest Rates, High Quality, Reliable service for all your international calls from any fixed line and/or mobile within the GTA, Brampton, Mississauga and the Greater Vancouver Area
Access Numbers: GTA: (416) 840-2156 Greater Vancouver: (604) 757-9809




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