Talkit.ca Inc - Terms of Service

The following terms and conditions apply to Talkit.ca Inc. ("Talkit") provision of telephony services (the "Services") and sets out the basic rights, obligations and limitations of Talkit to its Subscribers (the "Subscriber"). All of the terms and conditions contained herein (hereinafter referred to as "Terms") bind both Talkit and the Subscriber and are subject to change from time to time at the sole discretion of Talkit, without any prior notice to the Subscriber.

General

This is our agreement with you, the Subscriber. You agree not to use our Service for an illegal purpose, violating any law, making annoying or offensive calls, or interfering with other Subscribers' Service. You further agree not to resell, transfer, or share your service.

Talkit offers a form of 9-1-1 service that is similar to traditional 9-1-1 service but has some important differences and limitations when compared with enhanced 9-1-1 service (E911) available in most locations in conjunction with traditional telephone service.

1.0 Non-Availability of Traditional 911 or E911 Dialing Service

With both traditional 9-1-1 and E911 service, your call is sent directly to the nearest emergency response centre. In addition, with E911 service, your call back number and address are visible to the emergency response centre call-taker. With Talkit your call is being sent via the Internet rather than a traditional phone line, and the most up to date client information may not arrive with this call, meaning a different method is required to send this client information accurately. With Talkit service the 9-1-1 call may be routed to a different dispatcher than that used for traditional 9-1-1 dialing. The dispatcher will be located at either the Public Safety Answering Point (PSAP) or with a local emergency service relay provider designated for the address specified by the customer at the time of service subscription or as properly updated by the customer from time to time. The call centre operator will confirm your location information and then transfer your 9-1-1 call to the emergency response centre nearest your location. You should be prepared to confirm your address and call-back number with the operator as this information may not be available to them. You are encouraged not to hang up until told to do so, and to call back if you get disconnected, as immediately as possible.

1.01 Registration of Physical Location

You should ensure your address/location information, updated through your online account, is kept current at all times. In case you are not able to speak during the 911 call, the call taker would dispatch emergency response vehicles to your last registered address. You need to update your 911 Dialing information whenever you move your device to a new location. Note: please allow up to 3 business days for the 9-1-1 data base to be updated.

1.02 Service Outages & Delays

9-1-1 emergency dialing may not be available during a power outage, may not be available if using the Talkit software client if your computer is malfunctioning, or suspension or disconnection of the Talkit service because of billing issues, or any disconnection or suspension of underlying broadband access service and will be unavailable during a broadband internet outage. If there is a power outage, you may be required to reset or reconfigure their telephony gateway device, if using a Talkit gateway, prior to being able to use the service, including for 9-1-1 dialing purposes. For technical reasons associated with the possibility of network congestion, there is a possibility that the 9-1-1 call will produce a busy signal or will take longer to answer, as compared to traditional 9-1-1 calls.

1.03 Conveying Limitations to Household Residents and Guests

You should inform any household residents, guests and other persons who may be present at the physical location where you utilize the talkit service, of the important differences in and limitations of Talkit 9-1-1 dialing as compared with traditional E9-1-1 service, as outlined above.

2.0 Service

2.01 Type of Services

The Terms contained herein apply to all the Services which Subscriber may subscribe from Talkit, including, for: (i) fixed fee, bundled minutes and unlimited long distance calling plans for residential/home purposes in those destinations designated by Talkit from time to time from a designated telephone number (collectively, the "Unlimited Programs" or individually an "Unlimited Program"); (ii) pay for use regular long distance calling plans to countries designated by Talkit from time to time other than those countries which Subscriber has already subscribed for as part of the Unlimited Programs (the "Standard Program "); (iii) Internet Voice Over IP local phone service (Home Phone). Subscriber may use the Services provided by Talkit for long distance calling or local calling provided that Subscriber does so in compliance with all applicable laws and the terms herein. Subscriber acknowledges that he/she is the person authorized to subscribe for the Services. The Services may only be used by Subscriber and all persons having the Subscriber's permission to use the Services. Subscriber may only use the Services for voice telephone calls to landlines as the Services cannot be used for internet connections, faxing or other data transmission without the express written consent from Talkit.

2.02 Charges, Billing and Payment

Subscriber is responsible for paying all charges, plus all applicable taxes thereon, for the Services subscribed for from Talkit (which charges are subject to change from time to time at the sole discretion of Talkit without notice to Subscriber), including for all calls: (i) made via Subscriber's telephones or telecommunications systems; (ii) made using any number or authorization access code assigned to Subscriber; and (iii) which are charged to Subscriber's account. Subscriber is responsible for the security of Subscriber's authorization codes, and access to Subscriber's telephones and telecommunications systems. NSF and all refused payments shall incur a $25 administrative fee per occurrence. Credit Card charge-backs will incur a $50 administration. Talkit reserves the right to charge a 25% administrative fee for all accounts remitted to collections. Due to billing software limitations any reference to Tax 1 or T1 outside of Ontario Canada, is in fact an additional service charge and not a government tax. In Ontario Canada, T1 is Provincial sales tax. Calls to toll free numbers will be billed at our North America Long Distance rate. Calls to mobile phones in some overseas destinations are billed at higher rates. Rates are listed on our website. Your rates may be different based on your package.

2.03 Charges will commence as of the activation date of the Service(s).

Subscriber must pay for the charges of Services by either credit card by providing Talkit with Subscriber's credit card number upon subscribing for the Service or Pre-Authorized cheque payment by providing Talkit with the appropriate banking information; Subscriber authorizes Talkit to make such charges against such credit card or bank account to satisfy all charges for the Services Subscriber must bring payment inquiries and disputes to Talkit's attention within 30 days after the charge for the Services have been paid or Subscriber will be deemed to have accepted such charges as accurate in all respects.

2.04 Talkit's Right to Refuse to Provide Services

(a) Subscriber owes amounts to Talkit that are past due;

(b) Subscriber does not provide a security deposit or satisfy alternate security measures when requested by Talkit;

(d) Talkit does not provide the requested Services to the country(s) desired by Subscriber.

2.05 Services Interruption

(a) Talkit may interrupt the Services to the Subscriber at any time for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons as may be required.

Talkit service is provided to the Subscriber on a best-efforts basis. Subscriber acknowledges that Home Phone VoIP service requires high-speed internet connectivity. Poor or lack of internet connectivity, power failure, computer viruses and the like (Connectivity Issues) will cause service interruption and or failure of the service to function. It is the responsibility of the Subscriber to remedy these Connectivity Issues.

(b) Talkit is not liable for:

(i) any disruption or unavailability of the Services;

(ii) any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or Services);

(iii) Subscriber's conduct, acts or omissions, or the operation or failure of Subscriber's equipment or facilities;(iv) any event beyond the reasonable control of Talkit including acts of God, inclement weather including lightning, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction; and (v) its failure, for any reason, to activate the Services on the activation date Subscriber requested;(vi) any charges by third parties including other telephone companies or wireless carriers for services they may have rendered in lieu of Talkit service.

(c) Talkit is a marketing company and does not provide actual telecom services. Talkit acts as an agent of various third party carriers and subscriber accounts are the property of the respective carrier. The employees or agents of other carriers are not and shall not be deemed to be agents or employees of Talkit. There is no express or implied warranty or condition, whether of merchantability, fitness for a particular purpose, or otherwise, with respect to the Services. In subscribing for the Services, Subscriber obtains no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the Services.

Subscriber agrees to indemnify and hold harmless Talkit against all claims, including fees and expenses of counsel, resulting from Subscriber's use (or the use by others with Subscriber's explicit or implicit consent) of the Services, Subscriber's codes, facilities or equipment, which causes direct or indirect damage or harm to another party or to the property of another.

2.06 Suspension or Termination of Services by Talkit

(a) Without incurring any liability whatsoever, Talkit may suspend or terminate any or all of the Services for any reason whatsoever, including, without limitation, where Subscriber:

(i) fails to pay an account that is past due, or Subscriber provides payment by cheque or credit card which is not honoured by Subscriber's bank;

(ii) fails to provide interim payments when requested by Talkite;

(iii) fails to provide or maintain a reasonable deposit or alternate security when requested to do so by Talkit;

(iv) fails to meet Talkit's credit requirements, or Subscriber becomes bankrupt or otherwise insolvent;

(v) fails to comply with the terms of a deferred payment or credit agreement with Talkit;

(vi) violates any provision of these Terms;

(vii) uses or permits others to use the Services for a purpose or in a manner that is contrary to law; or for the purpose of making harassing, threatening, abusive, annoying or offensive calls;

(viii) charges or allow others to charge any other person for the use of the Services without Talkit's prior written agreement;

(ix) harasses, threatens or otherwise act unreasonably towards Talkit, its employees or agents, or in relation to the Services;

(x) alters or otherwise interferes with Talkit's facilities or equipment, or fail to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the Services, or Talkit's equipment, facilities or network; or

(xi) fails to provide payment for other accounts with Talkit, including amounts owed by Subscriber as a guarantor for the account of another;

(xii) uses or permits others to use the Services for resell without written permission

(xiii) Abuses the network with excessive usage as may be determined by Talkit. Excessive usage shall be determined solely by Talkit

(xiv) uses or permits others to use the service for commercial or business use.

(b) A suspension or termination will not affect Subscriber's obligation to pay any amounts owed to Talkit either during or after the suspension or termination. If termination occurs during a contract period, Subscriber will be charged for all usage plus the contract obligations. Should reactivation of services be required, Talkit will levy a reconnection fee of $25.

(c) Where the Services are cancelled, either by Subscriber or by Talkit as provided herein, and there is an undisputed credit balance on Subscriber's account, Subscriber may require that it be refunded to Subscriber and Talkit reserves the right to charge a reasonable processing fee in connection with issuing refunds.

2.06 Subscriber's Right to Terminate Services and Early Cancellation

(a) Term Contracts: All Talkit Contracts renew automatically upon their expiration for successive one (1) year terms unless specifically advised otherwise by the Subscriber. The contract start date shall be the date that the Subscriber enrolled for Talkit Services.

(b) Subscriber acknowledges that Talkit Services are provided on a best-efforts basis and lack of service or poor quality is not grounds for contract termination. Subscriber must allow Talkit reasonable time to diagnose and correct the it's problem.

2.07 International Boundaries & Rate Variations

Calls to some countries may have higher rates due to international boundary and sovereignty disputes. Examples are territories such as Kashmir India, West Bank Israel, & Gaza Israel to name a few. Rates will be determined based on the area code being dialed and not the Country label.

3.0 Changes, and Modifications of the Services

Without incurring liability, Talkit may at any time and without notice to Subscriber, change, modify or terminate the Services, in whole or in part (including the rates or charges). In the event of any such change or modification, Subscriber will be responsible for paying all charges incurred for the use of the Services despite the change or modification, both before and after the date thereof.

3.01 Subscriber Confidentiality and Privacy

Before you begin to use our services, you will be asked to register to become a member. To complete the registration, you will need to give us some information about yourself including but not limited to your name, Email address, zip code, postal code, age, and occupation. Talkit is collecting this information and we retain ownership of it.

3.02 Use of Information

Talkit believes that knowing more about you will enable us to serve you better. It allows us to personalize the content and services we offer you. Information that you provide to Talkit is kept confidential. Your information is for the use of Talkit and its subsidiaries. It is not shared with any other third party.

3.03 Rate Changes

Talkit reserves the unilateral right to change, modify, increase, decrease, or add surcharges, connection fees as may be required from time to time.

3.04 Service Abuse

You agree that your account may be monitored for use to determine abuse, residential, business, fraudulent, or use that undermines Talkit operations in any way. Based on its determination Talkit may deactivate service immediately without notice or liability. For service plans marketed as Unlimited"; these plans are monitored for abuse that may hinder services to other Subscribers. Unlimited services are not to be used for telemarketing, or broadcasting of any kind. Abuse is deemed when usage of Talkit Unlimited services are in excess of 3000 minutes per month.

3.05 30 Day Guarantee Policy

The Talkit team is always working to provide high quality products and services to meet or exceed our customers’ expectations. As a result we want you to be fully satisfied with our service.

If, for any reason you are not satisfied with our service we will refund your purchase price (unfortunately we cannot refund costs of shipping, long distance vouchers or number porting). To submit a request for a refund, please login to your account and choose the refund button from your list of devices, please note that this button is only available for those who fall within the the 30 day window.

The form must be completed and returned to us including all original parts that came with your Talkit Home Phone device. The product and form must be returned to us within 30 days of the purchase date. Deductions will be made for any missing or damaged parts as follows:

Damaged device.....No Refund
Ethernet Cable.......$6.00
Stand......................$5.00
Power supply.........$20.00

3.06 Equipment Warranty

Unless an Extended Warranty is purchased all equipment that you receive from Talkit carries a one (1) year manufacturer’s warranty. Extended Warranty coverage commences 30 days after purchase of the warranty.

3.07 Telephone numbers

If you were assigned a telephone number from Talkit, this number may at Talkit sole and absolute discretion and subject to applicable law be assigned to another Subscriber. Transferring phone numbers to Talkit (LNP) is possible only in Talkit serving territory. If you decide to LNP your existing phone number to Talkit from another telephone provider; it is possible that your service will be interrupted in certain circumstances while the transfer is in process. Specific LNP instructions are listed in the Porting web page under "My Account".

3.08 No Directory Listing

Talkit does not automatically provide directory listings. Directory listings may be available in select serving area and by request only.

4.0 Service Incompatibility

Home Security Systems: The Home Phone service may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with your Home Phone service.

Fax Machines: The Home Phone service can work with most fax machines, however due to various machine configurations, internet connectivity and bandwidth fluctuations, faxing using your fax machine and your Home Phone service is provided on a best-efforts basis and Talkit assumes no liability whatsoever and provides no guarantee that faxing will work.

The Home Phone dial tone comes out of "line 1" and "line 2" on the back of the Telephone Adapter. In most cases you will connect a telephone to the back of the Telephone Adapter. You can also however connect the Telephone Adapter "line 1" or "line 2" to any available telephone jack in the home. This setup MIGHT work and is not supported by Talkit Technical Support department because of the many variables.

4.01 General Terms

(a) Enurement/Assignment: These Terms are binding upon and shall ensure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns; provided, however, that Subscriber shall not assign or transfer its rights or obligations under these Terms without the prior written consent of Talkit.

(b) Notices: Notices shall be in writing and delivered by personal delivery or certified or registered mail to the last address provided by Subscriber.

(c) Unenforceable Provisions: If any part of these Terms shall be invalid or not enforceable under applicable law, such part shall be ineffective to the extent of such invalidity or unenforceable part only, without in any way affecting the remaining parts of these Terms.

(d) Governing Law: This agreement shall be governed by and be construed in accordance with the laws of the Province of Ontario and of Canada applicable therein. All parties hereto hereby submit to the jurisdiction of the courts of competent jurisdiction located in the Province of Ontario for purposes of all legal proceedings arising out of or relating to this agreement, any other documents relating to this agreement or the transaction(s) contemplated hereby or thereby. All parties hereto hereby waive, to the fullest extent permitted by law, any objection that such party may have to the commencement or prosecution of proceedings in Ontario based upon the said province being an inconvenient or inappropriate forum.

(e) Entire Agreement: These Terms set forth the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all previous discussions, negotiations and agreements.

(f) French: Subscriber confirms that it wishes to have these Terms written in English only. Les parties aux présents confirment leur volonté que la Convention relative aux services de voix soit rédigée en langue anglaise seulement.