Terms of Service
InterpretationFor the purposes of these Terms of Service (“Terms of Service”):
“Service” or “Services” means any services Caller IP provides to You, including, but not limited to, local and long distance telecommunications service, hosted and on-site phone telephone servers, conference calling, faxing, telecommunication and information technology services. Such services may be on fixed term contract or not.
“User” includes any person (including but not limited to you (“You” and “Your”), that uses or accesses the Service(s)); and
“Caller IP” means Caller IP Inc.
“You” means the subscriber of the Services or any of your employees or agents.
Any dollar amounts or reference to currency shall be in Canadian dollars.
You accept these Terms of Service when you subscribe, use or pay for Caller IP’s Services. For each Service You subscribe to or use, You agree to pay all the current rates of the Services. The rates for any Services may be changed by Caller IP from time to time without prior notice, unless You have entered into a fixed price contract with Caller IP. Current rates can be found on Caller IP’s website.
Terms may be changed by Caller IP. These Terms of Service may be changed and updated from time to time by Caller IP. Caller IP will post updated terms of Service on its website (www.callerip.ca) and may additionally give notice of any changes by letter, monthly bill or otherwise. Your continued use of the relevant Services thereafter will be deemed acceptance by You of such changes. Please keep visiting our web site for the latest Terms of Service.
Severability. The invalidity, illegality or unenforceability of any one or more provisions of these Terms of Service will not impair any other provision in these Terms of Service.
Termination of services
Reasons for termination. Caller IP may suspend or terminate Service, despite the existence of a fixed term contract, without any liability of Caller IP to You whatsoever, if You:
- fail to pay Your account that is past due;
- fail to meet Caller IP’s credit requirements;
- become bankrupt or otherwise insolvent;
- harass, threaten or otherwise act unreasonably towards Caller IP, its employees or agents;
- are in breach of these Terms of Service;
- use the Services so as to prevent fair and proportionate use by others;
- use the Services contrary to law, public policy, decency standards (including but not limited to regulatory pronouncements on issues such as Automatic Dialing-Announcing Devices and unsolicited live voice and fax calls), or any usage policies instituted from time to time by Caller IP;
- charge or allow others to charge any other person for the use of the Service without Caller IP’s prior written agreement;
- alter or otherwise interfere with Caller IP’s equipment, network, software, or connections or use the Services in a prohibited, unlawful, or improper manner, including but not limited to, permitting fraudulent use.
- use the Services in a manner that interferes with Caller IP’s ability to provide Services to other users or interferes with the integrity of its network.
- use the Services in a manner that makes it commercially unviable, in the reasonable discretion of Caller IP, for Caller IP to provide such services to you.
- use the Services to send unsolicited commercial fax messages notwithstanding whether or not such messages are authorized by law.
Notice of termination. Prior to suspension or termination, where circumstances allow and subject to the following, Caller IP will make reasonable efforts to provide You with reasonable advance notice of such suspension or termination, stating the reason for the such suspension or termination and the amount owing (if any). Notice of suspension or termination may not be given to You where Caller IP reasonably determines You are using the Services for auto-dialing, sending unsolicited messages, or causing undue congestino on Caller IP's network.
Payments still owing. You acknowledge and agree that termination or suspension does not remove or otherwise affect Your responsibility to pay all fees owed by You to Caller IP up to the date of termination or suspension. You acknowledge and agree that termination of service does not invalidate any further preauthorized payments to allow Caller IP to recover any final amounts owing by You.
Reconnection. If the Service is suspended or terminated for non-payment or otherwise for cause relating any of the reasons listed above, a reconnection charge may be applied for reconnecting the Service. Following a suspension or termination of Service, Caller IP cannot guarantee the availability or resumption of any previous numbers, codes or other identifiers that may have been applicable to You.
No notice required. Caller IP will not provide notice of a proposed suspension or termination where:
- where immediate action must be taken to protect the integrity of Caller IP’s services to other users;
- to protect the safety or security of others;
- to stop the commission of any offence (including fraud), or to ensure compliance with any law, court order or other legal requirement;
- where Caller IP reasonably believes that extreme circumstances exist, or that there is an reasonable risk of material loss involved in delaying the suspension or termination;
- in an emergency situation;
- where Caller IP determines it is commercially unreasonable to continue to provide You with Services.
15 days notice to cancel service. For all Services that are not subject to a fixed term contract, You can terminate Your Service at any time, subject to a 15 day notice period, by contacting Caller IP by phone or through the customer internet portal. You acknowledge and agree that You will continue to be responsible for all applicable charges up to and including the effective date of termination, and that for certain Services, there may be a transition period before You are moved to another provider and will therefore continue to be liable for any Caller IP charges incurred during such period.
Rental Returns. Upon termination of services, for any reason, you agree to return rental equipment, if any, to Caller IP within 15 days from the date of termination. If the rental equipment is not returned within 15 days, you will be deemed to have purchased the equipment from Caller IP for the equivalent value stated in your agreement, invoice or as provided to you in the secure customer portal. You authorize Caller IP to charge for such deemed purchased equipment and to charge your account according to your pre-authorized payment agreement. In the event that rental equipment is not returned in good repair and working order, subject to reasonable wear and tear, You will be charged for its equivalent value as stated in your rental agreement.
Unless You provide express consent, or disclosure is required by law, all information regarding You kept by Caller IP, other than Your name, address and listed telephone number, is confidential and may not be disclosed by us to anyone other than:
- You or a person who, in our reasonable judgment, is seeking the information as Your agent;
- another telecommunications company, provided the information is required for the efficient and cost-effective provision of telecommunications service and disclosure is made on a confidential basis, with the information to be used only for that purpose;
- a company involved in supplying You with telephone or telephone-directory-related services, provided the information is required for that purpose and disclosure is made on a confidential basis, with the information to be used only for that purpose;
- an agent retained by us in the collection of Your account or to perform other administrative functions for us provided the information is used only for that purpose;
- a law enforcement agency whenever we believe that You have supplied us with false or misleading information or are otherwise involved in unlawful activities; or
- any public authority if, in our judgment, it appears that there is danger to life or property which could be avoided or minimized by disclosure of the information.
Long Distance. You will be charged current rates for long distance calls which are not included in your plan. Current rates are posted on our website and You agree to pay the current rate as posted on our website at the time you place Your call. Additional per minute surcharges may apply for long distance Services in respect of calls terminating on mobile phones or special country code terminations in certain countries.
Phone. Current rates for phone service are available on Caller IP’s website and You agree to pay the current rate as posted on the website.
Equipment. You may choose to rent equipment (such as IP phones) from Caller IP. Additional fees may apply. Such equipment remains the property of Caller IP.
Interruption for service. Caller IP may interrupt Your Service at any time for any duration of time, without any notice or liability, in order to install, repair, replace or to perform necessary maintenance on any equipment, facilities or network, or for other technical reasons as may be required.
No guarantee of service. While Caller IP intends to provide excellent service, Caller IP does not guarantee uninterrupted operation of Service, or of its equipment, facilities, connections or network, or that there will not be delays, errors, defects or failures associated with the Services.
Service only where it is commercially reasonable. Caller IP will only provide Service where it is possible and commercially reasonable for it to provide such Service. Caller IP may conduct a preliminary check to determine if a Service is available in Your area. In addition, Caller IP may not provide Service to You where (1) Caller IP would have to incur unusual expenses which You will not pay; (2) You owe amounts to Caller IP that are past due; and (3) Caller IP is not satisfied as to Your credit worthiness or where You have not provided a reasonable deposit, as requested by Caller IP from time to time and as determined, at least in part, by Your Usage patterns and quantity. Caller IP may provide you with Services at rates other than as stated at www.callerip.ca where it would be commercially unreasonable to provide you with Services at such stated rates.
Liable for use. You acknowledge and agree that You shall be liable for any and all use of the Services associated with Your account or Your phone number, and You remain solely responsible for all use of service ordered or billed to Your telephone number(s), including any unauthorized use, and for determining who is authorized to use the Services in Your place, and for promptly notifying Caller IP of any unauthorized use. You agree to indemnify and hold harmless Caller IP against any and all fees, charges, damages, liability, costs and expenses (including reasonable legal counsel fees, as applicable) associated with such use.
No proprietary right. In subscribing for the Services, You obtain no proprietary right or interest in, any particular facility, service, equipment, telephone number, code or software associated with the Services (except as mandated by the CRTC in respect to telephone number porting where available). Caller IP will notify You if it decides to change or reassign any telephone number assigned to You.
Notice of fraud. You will notify Caller IP immediately, in writing or by calling Caller IP customer support at 416-342-1605, if You become aware that Your Service is being used fraudulently, improperly or unlawfully. When You notify us, You must provide Your account number and a detailed description of the nature of the fraudulent, improper or unlawful use of the Service. Failure to do so in a timely manner may result in the termination of Your Service and additional charges to You. You will be liable for all use of the Services, irrespective of fraudulent, improper or unlawful use of the Services. You are responsible for the security of Your authorization codes, passwords and PIN numbers, if any, as well as any and all access to Your telephones, telecommunications, Internet systems and Service.
Suspension. Caller IP may suspend your some or all of Your service where it suspects that some or all of your services are being used fraudulently by another party. In such event, Caller IP will make reasonable efforts to contact You to determine if the services are being used fraudulently.
Rates, Payments and Billing
Payment. You are responsible for payment to Caller IP of charges for all Services provided any Users within thirty (30) days of the invoice date. All funds will be billed in Canadian dollars. Accounts with a balance older than thirty (30) days of the invoice date may be suspended and/or cancelled at any time until full payment is received. Caller IP does not waive its right to suspend or cancel an account if, in its sole discretion, it chooses to not suspend or cancel an overdue account.
Pre-authorized payments. Caller IP collects all charges pursuant to Caller IP’s preauthorized payment service agreements. Certain Services may be debited earlier and more frequently if Your account balance reaches a pre-set threshold for which You have been given notice.
In the event Caller IP is unable to debit Your credit card, bank account or other account used for pre-authorized payment, to receive payment in respect of Your use of Service, Caller IP will charge an administrative fee and late charges at a monthly compounded rate of 1% in addition to any other remedies available to Caller IP.
Disputes. Provided that you notify Caller IP within 150 days of being invoiced or charged for the disputed amount, Caller IP will review any disputed charge, provided You continue to pay the undisputed portion and subsequent invoices.
Deposits. Caller IP may require a security deposit where You have an unsatisfactory credit rating. Caller IP will review the continued appropriateness of such deposits from time to time and will provide a reimbursement of the deposit by way of application of the amount to Your current account with accumulated interest, provided that timely account payment history has been demonstrated. When service is terminated, Deposit interest will be calculated from receipt date of deposit, based on the original deposit amount, at simple interest apportioned monthly based on the prime lending rate posted by the Bank of Canada less 2%; with a minimum of interest rate of 0%.
Refunds. Caller IP may not issue cheques for refunds for any amounts lower than ten dollars ($10.00). In the alternative, You agree that that any refunds lower than ten dollars ($10.00) will be credited against Your account or, at Caller IP’s discretion, may be subject to a reasonable processing fee to refund. Improperly billed or over-billed charges will be credited, provided that You dispute such charges within 150 days of the date of the bill.
Long Distance Charges. Usage charges for all of Caller IP’s long distance voice Services will be billed individually in one minute increments, subject to a one minute minimum charge. Any fraction of an increment will be rounded to the next highest increment. Call timing will be determined conclusively by Caller IP’s network systems.
Invoice by mail. All invoices and account statements will be delivered by email. There are no billing charges if You choose to receive Your invoices through Caller IP’s automated email billing system. A monthly paper billing charge of $5.00 applies if You choose to receive Your invoices by paper using postal services.
Taxes. You agree to pay all taxes, surcharges, and fees set by the government. We may not always give advance notice of changes to these items. If You’re exempt from retail sales tax, we need Your exemption certificates. You agree to pay for any filings we make related to Your exemptions.
Suspension charge. Caller IP will charge You a suspension or cancellation charge where Caller IP suspended or cancelled Services due to non-payment. Such Suspension charge will be calculated as 100% of the average monthly bill over the previous twelve (12) months, with a minimum charge of $30.
Change of rates and/or service. Caller IP may at any time and without notice to You, change, modify or terminate any Service, plan or Service or plan features, in whole or in part and including rates for such Services where the Services are not subject to a fixed rate contract. Rates will be posted on Caller IP’s website. Where You are being charged a different rate than the posted rate on Caller IP’s website, you will be notified of the rate change by email or in our secure customer internet portal.
Warranty Disclaimer and Limitation of Liability
No warranty. Except as specifically provided in these Terms of Service, Caller IP makes no representations or warranties of any kind in connection with its network, connections, equipment, facilities or service, as contemplated herein, whether written or oral, statutory, express or implied, including without limitation the warranty of merchantability and the warranty of fitness for a particular purpose or use, and all such representations, warranties or conditions of any kind are, to the extent permitted by applicable law, hereby excluded.
Caller IP is not liable to You. The parties agree that Caller IP shall in no event be liable to You or any other person for any indirect, consequential, special, incidental, reliance or punitive damages, or for any lost profits of any kind or nature whatsoever, regardless of the foreseeability thereof, arising out of the provision of service or in any way arising out of these Terms of Service and any related agreements, whether in an action arising out of breach of contract, breach of warranty, delay, negligence, strict tort liability, patent or intellectual property matters or any other legal or equitable theory. However, in the event a court of competent jurisdiction finds Caller IP liable, Your exclusive remedy and Caller IP’s sole liability for damages to You for any cause whatsoever regardless of form of action, including negligence, shall be for direct damages only and, except in the case of death, bodily injury and physical damage to property, wholly caused by Caller IP’s negligence, shall not exceed an amount equivalent to the ordinary price of the relevant service purchased for one (1) month (to be determined as an average of billings in respect of such service over the previous twelve (12) months. The provisions of this section shall survive termination of these Terms of Service.
Time Limitations. No action or proceeding against Caller IP may be commenced more than one (1) year after the event giving rise to such claim.
Third Party Indemnification. In addition to any other indemnities in these Terms of Service, You agree to indemnify, defend and hold harmless Caller IP, its affiliates, and each of the their shareholders, directors, officers, employees, agents, contractors, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees, resulting from any action, inaction or breach of these Terms of Service by You or other users. The provisions of this section shall survive termination of these Terms of Service.
Caller IP or its affiliates or licensors, as the case may be, are the exclusive owners of all names, trade-marks, trade names, service marks and any copyright material relating to the Services (“Intellectual Property”). Nothing in these Terms of Service contemplates or creates permission of use of Intellectual Property for any marketing or advertising by You or a transfer of license of Intellectual Property from Caller IP to You.
Governing Law and Settling Disputes
These Terms of Service and all agreements which you are a party to that incorporate these Terms of Service are governed by and construed in accordance with the laws of the Province of Ontario.
Mandatory Arbitration. With the exception of small claims courts, all disputes that cannot be settled between You and Caller IP will be settled only by arbitration according to the Arbitration Act (Ontario) by an arbitrator mutually agreeable to You and Caller IP. If the parties are unable to agree, within three (5) business days, on an arbitrator who will be named to resolve the dispute, either Party may apply to the Ontario Superior Court of Justice to appoint an arbitrator who will be suitably qualified by education and professional experience to deal with the matters that are the subject of the arbitration. The arbitration will take place in Toronto, Ontario. The decision of the arbitrator shall be in writing, stating the reasons for the award, shall be final and binding on the parties to the arbitration and no appeal shall be taken from any decision of the arbitrator unless the decision contains an error of law, which results in a determination that is patently unreasonable. If for some reason these arbitration requirements don’t apply, each Party hereby waives any trial by jury.
Notice. Any notice or other communication will be in writing and will be provided by personal delivery or email to Caller IP as applicable, at the email address, regular address as set forth on Caller IP’s website. Notices delivered in person will be effective on the date of such delivery. Notices delivered by email will be effective on the date of transmission, provided printed proof of transmission is obtained. Notwithstanding the foregoing, Caller IP may amend these Terms of Service, including with respect to any Service, plan or Service or plan feature as described in the paragraph above, from time to time as stated herein, and notice will be effective by virtue of Caller IP posting such revised Terms of Service on its website.
Unless provided for in your Agreement with Caller IP, You may not assign, lease, resell or transfer the Services to a third party without the prior written consent of Caller IP. Assigning, leasing or reselling Caller IP’s Services without prior written consent will result in termination of such Services.
The terms and provisions of these Terms of Service may only be waived in writing. No failure by Caller IP to insist upon Your performance of any obligation in these Terms of Service will constitute a waiver of the obligation.
9-1-1 service and related limitations of liability
Description.VoIP services allow you 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 you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services.
9-1-1 service. Because of the unique nature of VoIP telephone calls, emergency calls to 9-1-1 through your VoIP service will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 9-1-1 emergency calls, and you hereby acknowledge and understand the differences between traditional 9-1-1 service and VoIP calls with respect to 9-1-1 calls placed to emergency services from your account as described below.
Placing 9-1-1 calls. When you make a 9-1-1 emergency call, the VoIP service will attempt to automatically route your 9-1-1 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to your address of record on your account. However, due to the limitations of the VoIP telephone services, your 9-1-1 call may be routed to a different location than that which would be used for traditional 9-1-1 dialling. For example, your call may be forwarded to a third-party specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 9-1-1 call which has automatically generated your address information, and consequently, you may be required to provide your name, address, and telephone number to the call centre.
How your information is provided. The VoIP service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with your account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 9-1-1 emergency call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.
Correctness of information. You are responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) with your account. If you do not correctly identify the actual location where you are located, or if your account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site. You can update your correct contact information in the User Panel application located in on our website.
Disconnections. You must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.
Connection time. For technical reasons, including network congestion, it is possible that a 9-1-1 emergency call will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls.
9-1-1 calls may not function. For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:
Failure of service or your service access device - if your system access equipment fails or is not configured correctly, or 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, or network or Internet outage in the event of a power, network or Internet outage; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 9-1-1 emergency calls; and changing locations - if you move your system access equipment to a location other than that described in your account information or otherwise on record with Caller IP.
Alternate services. If you are not comfortable with the limitations of 9-1-1 emergency calls, Caller IP recommends that you terminate the VoIP services or consider an alternate means for accessing traditional 9-1-1 emergency services.
Inform other users. You are responsible for notifying, and you agree to notify, any user or potential users of your VoIP services of the nature and limitations of 9-1-1 emergency calls on the VoIP services as described herein.
Liability. You understand the limitations and the potential for failure of service; that for the reasons noted above, you may not be able to reach a 9-1-1 emergency service operator. Consistent with provisions found in these Terms of Service, you agree that Caller IP is not liable to you for any limitation or failure of emergency services.
Without limiting the indemnification obligations in these Terms of Service, you further agree to indemnify and hold Caller IP, its officers, directors, employees, suppliers and agents harmless from any and all third party claims or actions arising out of any misrouted, blocked, failed and/or delayed 9-1-1 emergency calls made using any Caller IP services being provided to you.