Terms & Conditions

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Terms and Conditions

  1. Definitions "Service" are any and all of the residential and small business long distance voice services and related product offerings provided by Phonetime International Inc.  "Phonetime".  "You" means the subscriber to any Services including any person, firm, corporation or other entity that utilises the Service.

  1. Use of Services and Responsibility for Charges You may use the Services for any purpose, provided that you do so in compliance with all applicable laws and regulatory requirements.  You are responsible for paying all charges for the Services, including all calls and services: (i) made via your telephones or telecommunication systems; (ii) made using any number of authorization code assigned to you, including any calling card number or any other personal identification number assigned to you or selected by you; (iii) which are charged to your account.  You are responsible for the security of your dial up number, authorization codes, and access to your telephone and telecommunication systems.  You have acknowledged that you are the person authorized to subscribe for the Services.  In the event of a dispute regarding your authorization to subscribe for long distance services, Phonetime International Inc. will accept the local voice subscriber as the sole person so authorized.

  1. Billing and Payment Charges will commence as of the activation date for the applicable Services.  You agree to pay Phonetime a monthly maintenance fee of .99cents.  Phonetime, if requested will invoice you monthly for charges for the Services on the customary billing date.  You must pay $2.99 for the statement and the amounts invoiced by the due date specified on the invoice, failing which you will be charged interest on outstanding past due amounts beginning on the day after the amounts were due at the rate of 1.5% per month (19.56% per annum) or such other rates as Phonetime may set from time to time.  The invoice will include, and you will be responsible for paying, applicable taxes, and interest on overdue amounts.  Phonetime will bill you based upon call duration in one-minute increments.  Call timing will be determined conclusively by Phonetime network system.  Any fraction of an increment will be treated as an entire increment.  Phonetime reserves the right to require payments on an interim bases, prior to the normal biling date in circumstances where there is an abnormal risk of loss, for example where you have incurred a significant amount of long distance or other charges, or in situations of suspected fraud.  In such cases charges will be considered past due when the time period for payment as specified by Phonetime has lapsed. You must bring invoice inquiries and disputes to Phonetime attention with 45 days of the invoice date or you will be deemed to have accepted the invoice of accurate in all respects. Phonetime will review any disputed change, provided you continue to pay the undisputed portion and subsequent invoices. Where your Services are cancelled, either by you or by Phonetime, and there is an undisputed credit balance on your account, you may, between 60th and the 18-th day after cancellation, require that it be applied to any ongoing or new Services provided to you within 180 days of the cancellation, or that it be refunded to you. If you do not claim your credit balance within the 180-day period, it shall become the property of Phonetime, and any account credits provided by Phonetime will expire. Phonetime reserves the right to charge a reasonable processing fee in connection with issuing refunds.

  1. Credit and Security Deposits  Phonetime reserves the right to examine your credit record and to require a deposit or other security, including payment by credit card, cheque or savings account debit before it provides, continues, or reinstates Services to you. Should Phonetime at any time consider a credit deposit to be insufficient, a further credit deposit may be required. Phonetime will determine, at its discretion, how your deposit or other security will be allocated to satisfy outstanding amounts owed to Phonetime. By subscribing to the services, you authorized Phonetime to investigate your creditworthiness and agree, from time to time, to provide appropriate authorizations and financial information as Phonetime may reasonably request for this purpose. Where you have provided a deposit, simple interest, based on the monthly savings account rate of the Royal Bank, will be paid on all sums retained on deposit.

  1. Phonetime's right to refuse to provide Services  Phonetimes may at it's discretion refuses to provide Services to you where: Phonetime will incur unusual costs or expenses which you will provide not pay, for example, for securing rights of way or rights of access, acquiring space in buildings, or for special construction; you owe amounts to Phonetime that are past due; you do not provide a security deposit or satisfy alternate security measures when requested by Phonetime: Phonetime has terminated your services in the past; or Phonetime does not provided the requested service in your district,

  1. Customer's installation and maintenance responsibilities You must supply all facilities and equipment including, without limitation, all wiring inside your premises and all telephone terminal equipment necessary to connect your facilities and eqiupment up to the demarcation point, where is the point where local companies' facilities end, and your facilities end, and your facilities begin. Phonetime has no obligation to maintain or repair facilities or equipment leased or owned by you.

  1. Service interruption  Phonetime may interrupt your Services 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.

  1. Phonetime's liability

  1. Phonetime does not guarantee uninterrupted operation of the Services, or of its equipment, facilities, connections or network. Phonetime is not liable for negligence, breach of contract, tort or other causes of action, or any loss, omissions, delays, errors, defects of failures of the Services, eqiupment or facilities, or for any other action. Under no circumstances shall Phonetime be liable for any indirect, special, consequential or punitive damages whatsoever, including any interruption of business or lost profits, even if such damages were reasonable foreseeable.

  1. Phonetime is not liable for:

  1. Any disruption or unavailability of the services;

  1. 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);

  1. Your conduct, acts or omissions, or the operation or failures of your equipment or facilities;

  1. Any event beyond the reasonable control of Phonetime  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: or

  1. Its failure, for any reason, to activate any services, on the activation date you requested.

  1. Phonetime provides the services to you as an independent contractor. The employees or agents of other participating carriers are not and shall not be deemed to be agents or employees of Phonetime, There is no express or implied warranty or condition, whether of merchantability, fitness for a particular purpose, or otherwise, with respect to any services, product or equipment provided to you by Phonetime. In subscribing for the services, you obtain no proprietary right or interest in, any particular facility service, equipment, telephone number or code associates with the services.

  1. Your liability

  1. You agree to indemnify and hold harmless Phonetime against all claims, including fees and expenses of counsel, resulting from your use (or the use by others with your explicit or implicit consent) of the services, your codes, facilities or equipment, which causes direct or indirect damage or harm to another party or to the property of another.

  1. You must not use in any manner of circumstances, whatsoever, Phonetime's trademarks, trade names, logos or designs, and you have no authority to act on behalf of any of these companies.

9. Suspension or Termination of Services by Phonetime
  1. Without incurring any liability whatsoever, Phonetime may immediately suspend or terminate any or all of the service where you;

  1. Fail to pay an account that is past due, or you provide payment by cheque, which is not honourred by your bank;

  1. Failed to provide interim payments when requested by Phonetime;

  1. Failed to provide or maintain a reasonable deposit or alternate security when requested to do so by Phonetime;

  1. Failed to meet Phonetime's credit requirements or you become bankrupt or otherwise insolvent.

  1. Failed to comply with terms of a differed payment or credit agreement with Phonetime;

  1. Violate any provision of these general Terms of Service;

  1. Use or permit others to use the services so as to prevent fair and proportionate use by others;

  1. Use of permit others to use any of the services of a purpose or in a manner what is contrary to law (including decisions, rules or orders of the CRTC); or purpose of making harassing, threatening, abusive, annoying or offensive calls.

  1. Charge or allow others to charge any other person for the use of the services without Phonetime's prior written agreement;

  1. Harass, threaten or otherwise act of unreason ability towards Phonetime, its employees or agents or in relation to the service, including without limitation, by making numerous unwarranted requests for credits;

  1. Alter or otherwise interfere with Phonetime's facilities or equipment, or fail to replace or modify equipment or facilities, which may harm damages, interfere or pose a danger to others, the service or Phonetime's equipment, facilities or network;

  1. Fail to provide payment for other accounts with Phonetime, inclyding amounts owed by you as a guarantor for the account of another.

  1. In the event of a billing dispute, Phonetime will not suspend or terminate your services where;

(a)You are prepared to enter into the honour a mutually acceptable payment settlement;
(b)Payment is made for all undisputed ammounts where due, provided Phonetime does not have reason to believe that the purpose of disputing certain amounts is to evade or delay payment
  1. In the event of a suspension or termination of the services, all features and services, to the applicable telephone numbers will also be suspended or terminated. A suspension or termination will not affect your obligation to pay any amounts owed to Phonetime either after the suspension or termination.

  1. If the services were suspende or terminated for causes, including non-payment or any of the reasons listed above, a reconnection service charge may be applied for reconnecting each line

  1. Phonetime initiated Changes in Telephone Numbers Phonetime reserves the right to change the access number assigned to you. Phonetime will provide notice of such change to you indicating the date of such change.

  1. Your Right to Cancel Phonetime permits you to cancel your Services at any time by contacting Phonetime's customer service at the number shown below.  You will be responsible for all charges incurred up to the cancellation date, which may be later than the requested cancellation date due to administrative requirements.  Any unused balance in your account is to be used up by customer.

  1. Changes, Modifications, or Termination of Plans or Plan Features Without incurring liability, Phonetime may at any time and without notice to you, change, modify or terminate any plan or plan features, in whole or in part (including the rates or charges) In the event of any such change or modification, you will be responsible for paying all charges, incurred for the use of such Services dispite the change or modification, both before and after the date thereof.  In the event of a termination of a plan or plan feature, you will be responsible for paying all charges incurred up to the applicable termination date.

  1. Customer Confidentiality Unless you consent in writing, or disclosure is pursuant to a legal power, all information kept by Phonetime about you, other than your name, address, and telephone number, is confidential and may not be disclosed by Phonetime to anyone other than;

  1. to You

  1. A person who, in the reasonable judgement of Phonetime, is seeking the information as your agent;

  1. Another company involved in supplying the Services, provided that the information is required for the efficient and cost-effective provision of Services and disclosure is made on a confidential basis with the information only to be used for that purpose;

  1. An agent retained by Phonetime in the collection of your account or for such other purposes as may in Phonetime's discretion be necessary for the efficient supply of Services to you, provided the information is required for, and is to be used only for that purpose; or

  1. Disclosure pursuant to a requirement or request of a government agency, subpoena or other legal proceeding, or disclosure required by law.

  1. Privacy Phonetime's privacy policy affirms its customer commitment to maintain confidentiality, security, accuracy, and privacy of a customer's personal information that Phonetime collects and uses to provide telecommunications services.  Disclosure of customer information may be disclosed only pursuant to these general terms of Service.

  1. Customer Service You may contact our Customer Service for information, inquiries or concerns regarding the Services, or other Phonetime services of products, your account or any other matter relating to Phonetime twenty-four hours per day, seven days per week at 416-640-5351 or 1-888-724-3504.  You may also write to Phonetime

  1. General Terms of Service These General Terms of service are binding upon you and Phonetime and are subject to change from time to time.  You cannot assign or transfer you rights or obligations under these General Terms of Service withour Phonetime's prior written consent.  These General Terms or service shall be governed by the laws of applicable in the nation of Canada.

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