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IDVoice Inc. Terms of Service Effective Date: 1 August 2010

This Service Agreement between IDVoice Inc. ("IDVoice") and customers is for the provision of all the communication services.
All the services provided by IDVoice to customers will be governed by the terms and conditions of this agreement. The term “customer” in this document applies to every person, company or other entity that have opened an account with IDVoice. By activating the Services, the customer acknowledges receiving, reading and understanding this Agreement and accepts its terms and conditions.
1. TERMS AND CONDITIONS.
No waiver or amendment to this agreement or these terms and conditions shall be binding on IDVoice unless made in writing expressly stating that it is such a waiver or amendment and signed by an authorized representative of IDVoice.
The term of this Agreement (“Term”) begins on the date that IDVoice initiates the Services and continues for the duration of the service period. At the end of the current Term, the Term is automatically renewed under the same terms and conditions for a like term as the Term just ending unless the customer provides IDVoice, prior to the end of the current Term, notification of intention to terminate the service. The customer agrees to pay for the Services for the duration of the Term. Expiration of the Term does not alleviate the customer of responsibility for paying all unpaid, accrued charges due hereunder. If the customer chooses to terminate the service before the end of the current Term, the customer will be immediately responsible for paying all fees otherwise due for the duration of the Term.
2. GOVERNING LAW.
This agreement is governed by the laws of the province of Ontario, Canada and the federal laws of Canada applicable therein, without regards to its principles of conflicts of law. The customer agrees to submit to the exclusive jurisdiction of the courts of the Province of Ontario and waive any jurisdictional, venue or inconvenient forum objections to such courts. The customer also agrees that any dispute that cannot be resolved between the customer and IDVoice shall be resolved without resort to any form of class action.
3. PROHIBITED USES.
The customer agrees to follow lawful purposes while using this service. Call usage has to comply with all application laws in Canada, the USA and the location country of the customer. The customer agrees to set the their configuration with accurate correspondence to them, without creating any confusion to another person or party. The customer must be at least 18 years of age in order to subscribe the Services.
Any customer use of the Services that causes a disruption in the network integrity of IDVoice or its vendors, whether directly or indirectly is strictly prohibited and will result in termination of the Services. The customer understands that neither IDVoice nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. The customer agrees that it will not use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network.
The customer will NOT use IDVoice services for telemarketing purposes (Including, but not limited to Automated Dialers, Call Centers and collection agencies). IDVoice will suspend such activities without warning.
4. PRIVACY AND NON-DISCLOSURE.
IDVoice will not sell, rent, or lease the customer’s personally identifiable information to others. Unless required by law or the customer's prior permission is obtained, IDVoice will only share the personal data the customer provides with other IDVoice entities and/or business partners who are acting on IDVoice's behalf to complete the services described herein. The customer understands that IDVoice does not guarantee any privacy on the communications through the Internet.
IDVoice reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity by the customer. Upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, IDVoice may disclose personally identifiable information.
Only if specifically requested by law, customers are allowed to divulgate the stricly necessary information about use of payments of their IDVoice services. In all other cases, it is PROHIBITED to divulgate information about IDVoice including but is not limited to end users.
5. WARRANTY AND LIABILITY LIMITATIONS.
IDVoice will use its best efforts to assure quality and availibility of the service. However, IDVoice makes no warranties, expressed or implied including or but not limited to merchantability or fitness for a particular purpose, regarding its product or service.
Neither IDVoice nor its vendors will be liable for unauthorized access or alteration, theft or destruction of the 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 IDVoice's or its vendor's negligence. Any claim against IDVoice must be made within 60 days of the event or 60 days from the termination of service, whichever is earlier and IDVoice has no liability thereafter. In no event shall IDVoice's total liability exceed the service fees paid by the customer to IDVoice in the prior twelve (12) months from the date of claim.
Without limiting the Agreement, IDVoice shall not be liable for any loss of revenue or profit by the customer for any loss or damage arising out of this Agreement or out of the use of the Services provided under this Agreement by any person, whether arising in contract, tort (including, withoutlimitation, negligence or strict liability) or otherwise and whether or not informed of the possibility of such damages in advance.
Without limiting the Agreement, IDVoice shall not be liable for any loss or damage sustained by the customer or any third party by reason of defects or malfunctions in the software provided by IDVoice, or by reason of errors made by IDVoice in connection with the Services.
Without limiting the Agreement, the customer hereby agrees to indemnify, defend and hold harmless IDVoice, its affiliates, and their respective directors, officers, employees and agents against any third party claim, loss or damage arising from the use of the Services.
The customer agrees that he or she is not provided with the right to start any claim, remedy or action, legal or otherwise that may harm IDVoice in any way that includes but is not limited to financially.
6. PAYMENT TERMS.
The customer will pay for all services in advance including, but not limited to toll charges and any other applicable charges. The customer authorizes IDVoice to charge the current credit card account number (if provided) given by the customer for all charges accrued for the duration of the Term. If any charges are due but unpaid for any reason IDVoice may terminate the Services and all accrued charges are immediately due plus a late fee of the lesser of 2% per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by IDVoice. No termination of the Services or of this Agreement shall relieve the customer from paying any amounts due hereunder.
7. SERVICE CHARGES.
Every call using the Services that connects is subject to the applicable charges. For the pay-as-you-go plan member (the default plan), the call rates are determined on a per country and/or city specific basis or on a per call type basis. All rates are as set forth on the IDVoice.com web site. One or more rate tables may be provided to the customer. All rate quotes are valid only on the day they are issued. It is the responsibility of the customer to verify accuracy of rates. Any disputes must be claimed within sixty (60) days of the start of corresponding service or call, otherwise it is deemed the customer agrees with the charge. For the monthly plan member, the consummed call minutes are deducted from the monthly plan free minutes first. If the call is not within the plan or the plan free minutes is used up, the charges shall follow the default pay-as-you-go plan.
For the default pay-as-you-go plan, the customer understands that all negative balances (if exist) are due and service will be terminated or interrupted if the balance is less or equal to zero (0). In such cases, use the service with the acceptation does not mean that the calls are not due. IDVoice reserves the right to suspend any negative account or any account that does not have a minimum USD $1 balance.
All calculations and ratings of calls will be performed to the one thousandth of one cent in USD ($0.00001). Final settlements will be rounded up to the nearest whole cent in USD ($0.01) for each call. Each call is charged on per minute basis. The call with less one minutes part will be charged as one whole minute. For example, a call with 7 minutes 18 seconds, it will be charged as 8 minutes.
At IDVoice sole discretion, the customer may incur a port away fee for any DID number(s) leaving IDVoice as this is a pass-through charge from the carrier(s).
The customer is responsible for all usage of his/her accounts and is also responsible of the actual balance in his/her account.
For the callback service, the first call is counted as a connected call as soon as the call is answered and the charge may also be started no matter whether the second called party answers or not since it is considered as a separate call. Two calls are charged if the second called party also answers the call. Otherwise, the first call is charged. The soft-phone calls and DID inbound calls from PSTN may be charged at the specified rate depending on the subscription plan.
For the plans with free minutes included, they are based on the Pay-As-You-Go plan and the same charge applies unless otherwise specified. The free minutes included in the plan means the free minutes to and from the PSTN/regular phone network. In other words, both PSTN outbound and PSTN inbound calls are counted as the consumed free minutes. There are extra complimentary free minutes for the soft-phones. The amount is equal to the same free minutes allowed in the plan. Please check on-line help for more details.
8. REFUNDS AND CANCELLATION POLICY.
If the customer is not satisfied with the service provided the customer shall have the right to cancel and receive a refund of the unused balance in the customer’s account under the following conditions:
a.The customer must request the refund within ten (10) days of payment transaction. b.The customer must send an email to billing@idvoice.com and include the reason for the request. c.The refund balance does NOT include any credit earned from IDVoice including but not limited to the promotion and refereral program. d.If a refund is authorized then IDVoice will make such refund within thirty (30) days of said refund authorization by IDVoice. e.For the first payment, IDVoice will issue full refund on its unused balance. For later payments, an adminstration fee (USD $20) will apply to close the account.
9. TAXES AND OTHER REGULATORY ASSESSMENTS.
Quoted prices and rates do not include any sales, use, or excise taxes - federal, province/state, or local. Nor any public utility or other similar taxes. All such taxes shall be paid by the the customer and will be added to any amounts otherwise charged to the customer.
10. FRAUD.
IDVoice reserves the right to block calls based on its sole determination of potential fraud. In the event that such a determination is made with respect to the customer, then IDVoice shall inform the customer of such blockage as soon as practical, and shall further inform the customer of the steps needed to re institute service. The customer agrees to comply with all such requests to the best of its ability.
The customer is responsible for the safekeeping of their Login and Password information. If this information is lost or given to any other party in any way, the customer understands that this will be his sole responsibility. The customer agrees to evenly change his passwords to protect his account from any suspicious act.
IDVoice automatically screen IP addresses upon logging in to its website and also when the customer sign up for a new account. The request may be denied access by the system. The customer will not held IDVoice accountable for any inconvenience, financial loss or other issues related to this security measure.
11. CHANGES TO THE AGREEMENT, SERVICES or RATES.
The agreement, services or rates may be subject to change without announcement, all changes will be posted on the idvoice.com website. It is the customer’s responsibility to check the change on the website.
Any change of service charges will be applied to the the customer's account as appropriate. The customer can, within seven (7) days of the service change, send notice to IDVoice that the customer does not accept the change of service, and can terminate this Agreement. In such event, the customer will be responsible for any sums due hereunder. If the customer does not send IDVoice notification of its desire to terminate this Agreement or uses the Services after the change date, the customer is deemed to have ACCEPTED and consented to the Change of Service.
12. TERMINATION.
IDVoice reserves the right, at its sole discretion, to temporarily or permanently suspend or terminate the service without advance notice for any reason. If this occurs, it will issue full refunds on unused balances.
IDVoice reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and the customer agrees that IDVoice's determination is final and binding on the customer. IDVoice may require a re-activation fee to resume terminated or suspended Services.
For the account without any activities in one year (365 days), the account will be closed without any refunds.
If the account is closed or a particular service is terminated for any reason, the customer understands and agrees that the corresponding resources such as DID numbers and/or device IDs may be re-assigned immediately to another customer. IDVoice will not be responsible for any damages arising out of any such re-assignment, and the customer hereby waive any claims with respect to any such re-assignment, whether based in contract, tort, or other grounds, even if IDVoice has been advised of the possibility of damage.
13. TECHNICAL SUPPORT.
IDVoice provides the customer technical support at its sole discretion and as limited to the Services provided hereunder. Technical support is rendered from IDVoice's premises, as available via email: support@IDVoice.com. Support for other applications and uses is not provided or implied. Other support emails are as follows: General Inquiries: info@idvoice.com Billing: billing@idvoice.com
14. BREACH.
In the event of the customer's breach of the terms of this Agreement, the customer shall reimburse IDVoice for all attorney, court, collection and other costs incurred by IDVoice in the enforcement of IDVoice's rights hereunder and IDVoice may keep any deposits or other payments made by the customer.
15. DISCLAIMER OF CONSEQUENTIAL DAMAGES.
In no event shall IDVoice or its vendors be liable for any damages, including but not limited to loss of data or loss of revenue or profits arising out of, or in connection with, the use or inability to use the services provided hereunder whether due to a breach of contract, breach of warranty, the negligence of IDVoice or its vendors or otherwise.
16. LANGUAGE.
The original English version of this TOS may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
17. NOTICES.
IDVoice communicates with customers primarily via email and website. Notices to the customer shall be sent to the email address specified by the the customer at the time of registration for the Services or as subsequently specified by the the customer ("Email Address"). the customer is responsible for notifying IDVoice of any Email Address changes. The customer agrees that sending a message to the Email Address is the agreed upon means of providing notification. The Email Address is used to communicate important information about the Services, billing, rate changes and other information. The information is time-sensitive in nature. It is required that the customer read any email sent to the Email Address in a timely manner in order to avoid any potential interruptions in the Services or rate changes provided hereunder.
18. FORCE MAJEURE.
IDVoice shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of IDVoice as may occur in spite of IDVoice's best efforts.
19. IMPORTANT 911 LIMITATIONS. 
VoIP 911 service is available only in Canada at an additional service charge. Unless the service is activated and the customer got the email notification of successful service activation from IDVoice, the service is DISABLED and can NOT be used.
Even the customer have successful activation of the VoIP 911 service, the VoIP 911 has limitations. IDVoice suggest that the customer don't rely solely on IDVoice for 911 service. When calling 911, always use the traditional phone (such as land-line and/or mobile) FIRST.
The 911 call may not be routed to the Public Safety Answering Point ("PSAP") of the nearest location from which the call is placed. The location information and phone number will not be automatically delivered to the PSAP either.
  • Remember to verify the current location: the 911 caller must tell the dispatcher the accurate location information (complete address including street/number, city, and province) at the time of the 911 emergency call.
  • Limitation on service areas: the dispatcher will not be able to complete the 911 emergency call if is it called from outside Canada or from a location within Canada not serviced by 9-1-1.
  • Be prepared during any service interruption: the VoIP 911 service depends not only on the continued subscription (and payment) for the service, but also on Internet connectivity and power to function. In the event of power, network, or Internet outages (including congestion), or if the service is disconnected or suspended to non-payment, the customer may experience a failure, disruption or delay in your 911 service. IDVoice recommend that the customer keep alternative phone services (such as a land-line phone or a mobile phone) handy to increase the reliability of the access to emergency services during any service interruption.
  • Do not disconnect: when making a 911 call, do not hang up until told by the operator to do so, and call back if the call is disconnected.
  • Keep the service address up to date: please ensure that the address information on file with IDVoice is always accurate and updated. If the address is not up to date (for example, if the customer are unable to speak during a 911 call), the emergency operator may assume that the call is from the last registered address.
  • Inform other IDVoice users: inform any other existing or potential IDVoice users on the limitations of 911 calling.
As a condition of the VoIP 911 Services, to the extent permitted by applicable laws, the customer hereby waives all claims or causes of action against IDVoice arising from or relating to the use of the Services for making 911 emergency calls.
20. ENTIRE AGREEMENT.
These terms and conditions constitute the entire agreement with regards to this sale. This agreement shall be binding upon the heirs, successors, and assigns of the parties hereto.