VOIP Terms of Service

DEFINITIONS

• Company: Technology Advanced Services Inc. (herein “TASProvider” or “Company”), its contractors, agents, employees, associates, shareholders, partners and anyone working with or for TASProvider and its subsidiaries.
• Customer: You, the person or entity, and its contractors, agents, employees, associates, shareholders, partners, or associates using the TASProvider service.
• 911: Emergency call service typically used for delivering emergency calls to a public safety access point.
• PSAP: Public Safety Answering Point
• Non-IVoIP: Non-interconnected VoIP service. It is defined by the FCC as a service that enables real-time voice communications that originate from or terminate to the user’s location using Internet protocol or any successor protocol; and requires Internet protocol compatible customer premises equipment; and does not include any service that is an interconnected VoIP service.
• DID: Direct Inward Dialing

Customers agree to all these Terms of Service upon opening an account with TASProvider and/or using its signup form and/or its customer service, by email or phone.

INTRODUCTION

The Company provides the following Terms of Service, which are subject to change at any time, (Herein “Terms” or “Agreement” or “Terms of Service”) to its customers for the use of their services. When it refers to “Services”, the company means offering to customers a vast range of standard telephony and communication features. The present Terms shall govern all Services provided by the Company to its customers.

Please read the Terms prior to using TASProvider services. By accessing and using the services of TASProvider, the customer agrees to be legally bound by this Agreement, and any modification of such Agreement by the continuous use of the Services. If the customer doesn’t agree with these Terms of Service, please do not use TASProvider’ Services.

APPLICATION

The following Terms of Service apply to all individuals referred to as customer and/or user of TASProvider Services.

RESTRICTIONS

The Services provided by TASProvider are available only to entities and persons over the age of legal majority established by the law of customer’s country and capable of entering into a legally binding agreement under applicable law. By using the Company’s Services, you declare that you have the legal capacity to do so, and that you understand that any breach of this obligation will be at your sole and entire responsibility and that the Company will not be held responsible.

• The customer shall not use this Service as their sole call termination service, in which case the Company will assume no responsibility, and shall be advised to have a backup solution in any case this service does not deliver the customer demand.
• The customer cannot spread misleading information about TASProvider
• All the information provided to customer and on the website of the company is under the intellectual property of TASProvider. Unless both party make a written agreement, the customer can not use any documents, logo or information about TASProvider’ technology.
• Originating from payphones to TASProvider toll-free numbers is not guaranteed
• The customer agrees to not purchase phone numbers from TASProvider with the sole intention to port them out to another service. TASProvider reserves the right, at its sole discretion, to disable the purchase of new phone numbers from an account that presents this pattern and may charge a port-out fee to allow the port out of numbers removed on this fashion.
• The customer agrees that he is not provided with the right to start any claim, remedy or action, legal or otherwise that may harm TASProvider in any way, for any reason whatsoever directly or indirectly related to the Services.
• TASProvider agrees to not sell your personal or corporate information to third parties except as permitted by the present Terms and in order to provide, support and secure the Services. The Customer agrees and understand that the Company may use the services of a third party to render the Services or part of the Services and that Customer data may be hosted by the Company or their authorized third party service providers.
• The Customer covenants and agrees that if he wishes to use TASProvider termination (outbound) services for telemarketing purposes (including, but not limited to Automated Dialers, Call Centers and collection agencies) that he first has to reach out to [email protected] to get the written authorization to do so. In the event where the Customer does not obtain the proper authorization from the Company, Customer understands that TASProvider will suspend such activities without warning, to its sole discretion.
• The Customer covenants and agrees that prior to use any TASProvider phone number as their caller ID display for calls related to telemarketing, dialer traffic, polls, mass traffic campaigns, or use TASProvider phone numbers to receive traffic consistent with the aforementioned purposes (Mostly short calls, of very short duration) that he has to reach out to [email protected] to get the written authorization to do so. In the event where the Customer does not obtain the proper authorization from the Company, these activities could result in the suspension or removal of your DID number, and TASProvider reserves the right to do so without prior notice, and to its sole discretion.

TASProvider is currently not offering new accounts, origination or termination services for the following countries:

• Egypt
• India
• Lebanon
• Macedonia
• Morocco
• Pakistan
• Palestine
• Saudi Arabia

TERMS OF SERVICE

1. The following Terms of Service may be revised. If the Company chooses to do so, such amended Terms of Service will take precedence over previous version. If a notice is not sent to the customer, TASProvider will make a notification on the website. It is the responsibility of the customer to read the Terms and keep current on revised versions. Note that major changes will be noticed to customers in a reasonable time of thirty (30) days via email.
2. 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 frequently change his passwords to protect his account from any suspicious act.
3. Customer covenants and agrees that it is responsible for all use of non-IVoIP services under his account and that it shall be responsible for anyone that has access, authorized or not, to customer’s account.
4. TASProvider does not claim that its Service is “standard line quality”, and the customer understands that the Service quality is “as is” and may vary depending on the location of the customer, the internet service provider and the destination of each call. Due to the nature of its offering that allow customers to bring their own device, software, PBX or switch, the customer shall understand that the level of support, and the service offered is intended to customers with a higher technical level. Although Company will do its best to assist customers in that situation, it shall not be held liable for any problem resulting thereof.
5. The customer agrees to follow lawful purposes while using this Service. Call usage must comply with all applicable laws, rules and regulations in Canada, the USA and the location country of the customer. The customer agrees to set the CallerID/ANI Identification in their configuration with accurate correspondence to them, without creating any confusion to another person or party.
6. TASProvider makes no warranties, expressed or implied, including or, but not limited to, merchantability or fitness for a particular purpose, regarding its product or service.
7. TASProvider will direct any payment, firstly to pay negative balances. The customer understands that all negative balances are due and use the Service with the acceptation that any call below negative balance does not mean that the calls are not due. TASProvider reserves the right to suspend any negative account, or any account that does not have a minimum 5 $ balance. A written notice will be sent to the customer in a reasonable time of 30 days in case of suspended or negative account.
8. TASProvider reserves the right to temporarily or permanently discontinue Service at any time and this without any notice, if this occurs, it will issue full refunds on unused balances.
9. All rate quotes are valid only on the day they are issued and the Company only guarantees such rate to that extent. It is the responsibility of the customer to verify the accuracy of rates.
10. Flat Rate Plans (may be referred to as “Unlimited”) for local DID’s (USA & Canada) packages are intended for residential use only and include the use of 2 simultaneous channels and a maximum of 3,500 inbound minutes per month.
11. The free toll-free termination (value route) is provided to users under the premise that it will only add up to a small percentage of their traffic and that the account will also be used for regular traffic (incoming calls to DID numbers and/or outgoing calls to geographical areas). TASProvider reserves the right to determine, to its sole discretion, if the free toll-free usage is not typical or falls out of the pattern mentioned previously, and disable this option when most of the customer’s calls consist of toll-free calls using the free toll-free termination (value route).
12. The use of scripts that modify the customer portal interface in a way that goes beyond cosmetic modifications (for example, Grease monkey scripts to add additional choices in web forms) are strictly forbidden and can lead to immediate account deletion and legal actions.
13. The customer is responsible for all usage of his account and is also responsible of the actual balance in his account.
14. At TASProvider’ sole discretion, you may incur a port away fee for any DID number(s) leaving its network as this is a pass-through charge from TASProvider carrier(s).
15. The following fees apply when porting numbers from US and Canada:
    • A $8.75 USD fee for a port resubmission after a rejection.
    • A $50 USD fee for a port cancellation once the order has been submitted to the carrier.
    • A $250 USD fee for expediting a port with the carrier, if available.
16. All traffic routed to the following markets will be rated based on durations measured by the following billing increments: United States and Canada: 6 seconds increment, starting at a minimum of 6 seconds. Mexico: 60 seconds increment starting at a minimum of 60 seconds. Rest of the world: 6 seconds increment starting at a minimum of 6 seconds.
17. Information on TASProvider site regarding service, including but not limited to termination providers, is based on information passed to it from intermediary companies and may have not been verified. TASProvider will use reasonable efforts to assure obedience to all the requirements of the law of Quebec, Canada about security and confidentiality of any transactions or information.
18. TASProvider does not encrypt its transmissions, or sensitive parts of customer information in its database. TASProvider retains the right to voluntary hand over information regarding customers, usage and calls if it is requested by law, court order or by governmental organizations.
19. By submitting suggestions, feedback or any volunteer contributions, the customer acknowledges that TASProvider is not under obligation of confidentiality.
20. Refund policy
21. TASProvider guarantees the customer that its service will be working as offered in its website. A Customer can ask for a refund of its unused balance, which will be governed as following:
    • If a Customer made a first deposit and did not use its credits for the reason that he can’t use the service, for any reason, TASProvider will refund 100% of the deposited amount to the customer.
    • If a customer made a deposit and does not want to continue with the Service, for any reason, the Company will refund the Customer in whole, for any unused pre-paid balance (total amount of deposits minus the usage by the customer), upon request, for all new deposits made within ninety (90) days of such request of refund. Any other amounts will not be refunded to the Customer, but will still be available for use.
22. TASProvider uses a private security firm to automatically screen IP addresses upon logging in to the customer portal and also when the customer signs up for a new account. If this score is too high, the customer may be denied access by the system. You will not hold TASProvider accountable for any inconvenience, financial loss or other issues directly or indirectly related to this security measure.
23. It is the customer’s responsibility to verify and test that any number delivered to his account is active and working properly before publishing it. The test should be made from a landline or cell phone provider. TASProvider will not be held liable for any damages or advertising expenses arising from receiving a non-working number. If a number is confirmed non-working, it will be deleted from the account and the cost of the number refunded.
24. All parties agree that it will conduct business in compliance to all requirements of the law, specifically in compliance of the law of the province of Quebec, Canada.
25. In no event shall the Company be held liable to the customer and/or to any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including any and all liquidated damages, penalties, lost profit, loss of business and damages arising from the use of the Service, even if the Company may or may not have been previously informed of the possibility of such damage occurring.
26. If there is any dispute about or involving the Company’s Services, it is agreed by all parties that said dispute shall be governed by the laws of the province of Quebec, and both parties agree to the exclusive jurisdiction of the courts in the district of Toronto, province of Ontario
27. These Terms, and any amended versions thereof, are the entire Agreement between you and the Company with respect to the Services, and they shall supersede any other agreement, written or verbal, that you might have entered into. If any provision, or part of a provision, of these Terms is found to be invalid under the law, that provision, or portion of the provision, will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable.
28. The customer agrees that the present Terms cannot be assigned or transferred unless the Company gives its prior written consent. The Company has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent, but will provide customer with a notice (written or email) if that event occurs.
29. Automatic Billing
30. The Company agrees to provide you with an Automatic Billing feature, which shall be governed by the present Terms and Conditions, and shall be available for every Customer.
    • The minimum deposit for the Automatic Billing feature is USD$15, and by using such feature, you are authorizing us to take the payment for the minimum deposit, and charge it to the credit card linked to you account. We reserve the right to change the minimum deposit amount at any time.
    • Every Automatic Billing account must have a minimum deposit of USD$15, but the Customer may choose any other threshold for the replenishment of his account, as long as that threshold amount is equal or higher to USD$15. By setting the threshold at the minimum of USD$15 or higher, you authorize us to take payment for such sum, and charge it to the credit card linked to you account, when such threshold is reached.
    • The Customer may use the Automatic Billing feature for all Services provided by the Company.
    • If the Customer’s card is declined or if payment cannot be taken with the provided credit card, you might not be able to use the Company’s Services, and you will receive a notice.
    • A maximum of 1 transaction per day is allowed.
    • The Company will use its best efforts to ensure proper functioning, but does not guarantee that the Automatic Billing feature will never be faulty.
31. Minimum deposit
32. Upon opening an account with the Company, the Customer must deposit a minimum of USD$15 in order to use the Company’s Services.
33. Phone call conversation / Phone call recordings
34. TASProvider offers you the possibility to record your phone conversations, to your entire and sole discretion. You should be aware that the laws regarding the notice and notification requirements, legality and use of such recorded conversations vary from country to country, state to state or province to province. As such, your recording of such conversation might be illegal, therefore you should make the proper verifications. By requesting or using the recording feature, you acknowledge and agree to be solely and entirely responsible for complying with all international, federal, state, provincial and local laws and regulations in the relevant jurisdiction when using this feature, and you warrant to TASProvider that you are acting legally. You expressly acknowledge and agree that TASProvider will not and cannot be held liable for any and all claim, directly and indirectly related to your recording of phone conversations. Without limitation to the Terms of Service, you agree to release, indemnify and to hold harmless TASProvider from and against any and all claims, damages or liabilities of any kind related directly or indirectly to the recording of any phone conversation using the Service.
35. Customer agrees and covenants that, when it is acting as an upstream provider originating traffic (hereinafter referred to as an “Originating Provider”) or passing traffic through (hereinafter referred to as a “Transit Provider”), if it receives any request from a traceback administrator duly authorized by US Telecom’s Traceback Group (ITG), which verification shall be made by the Customer, for information about suspicious robocalls that have been sent to a downstream provider (hereinafter referred to as a “Traceback Request”), Customer will promptly respond to the Traceback Request in good faith and offer its full collaboration. Customer agrees and covenants that its response shall indicate if it is in the call path as the Originating Provider of the calls (i.e., Customer received the calls from Customer’s End User) or a Transit Provider (i.e., Customer received the calls from another voice provider). The Customer’s response shall also clearly identify the source of the calls, to the best of its knowledge. Customer agrees to share with ITG this information without requiring a subpoena or any other formal demand or request. Customer is not required to respond to more than ten (10) Traceback Requests per week.
36. Any Customer wishing to be provided with short-call duration calls services (hereinafter Short Calls) must inquire directly to the Company via email at [email protected], which reserves the right not to provide such Short Calls to the Customer. Unless otherwise agreed in writing between the Customer and the Company, the rates in effect at time of inquiry will apply to the Short Calls services.
37. Every Reseller of the Company’s Services represents and warrants that it has read the Terms and Conditions and understands that it is bound by such Terms and Conditions and must comply with them. Reseller also warrants and represents that it has the legal power to resell the Services and that it will maintain at all times the proper licences and authorizations, and specifically, must comply with all applicable rules and regulations applicable to the Services and reselling of such Services and that it will register with the proper authorities, as applicable, such as the CRTC or the FCC, or any other entity. The Reseller understands and agrees that the Company cannot be held liable for any and all fault and/or damages resulting directly or indirectly from the Reseller’s activities and/or use and/or resell of the Services, and will hold harmless and indemnify the Company from any and all such claim and/or damages. The Reseller will not and shall not make any representations on the Company’s behalf without prior written approval.
38. The Company allows the Customer to choose and broadcast the music of its choice while its clients are in a calling queue, to the express condition that Customer disposes of the proper licenses and rights to such music. By broadcasting music, the Customer warrants that it owns or disposes of the proper rights and licences to broadcast such music, and that it understands that the Company does not own any rights and licences to broadcast the music, but only provides a feature for the Customer to do so. In the event of a third-party claim directly or indirectly related to queue music provided by the Customer, Customer will defend, indemnify and hold harmless the Company from any and against any and all claims.
39. Transcription
40. By using the Transcription feature, the Customer covenants and agrees that the Company may use any service provider and/or third party to render the Transcription Services or part thereof, and that Customer data might be sent to, hosted and used by the third party in order to provide the Transcription Services to the Customer.
41. By requesting and using the Transcription Services provided by the Company, the Customer represents to the Company that it has the authority and authorization to use such feature and warrants that its utilization of such feature is in accordance with its applicable laws and regulations.
42. By using the Transcription Services, the Customer agrees and covenants that the Company will not be held liable for and any all claims, damages, loss or fees arising directly or indirectly out of Customer’s use of the Transcription Services and that it will hold harmless, defend and indemnify the Company from any and all third-party claim arising directly or indirectly from the foregoing. The Customer hereby waives any and all such claims and cause of action against the Company.
43. Taxes and Tax Exemptions
44. All fees are exclusive of Taxes, which we will charge as applicable. You agree to pay any Taxes applicable to your use of the Service. If you are located in British Columbia, Saskatchewan or Manitoba, and you are not the end-user of TASProvider services, it is your full responsibility to provide TASProvider with a valid Tax ID in order to get a business-to-business (B2B) tax exemption.
45. If you are exempt from paying certain Taxes, but do not have a Tax ID, you will provide with a valid exemption certificate issued by the appropriate authority via e-mail to [email protected].
46. You will be exempt on a going-forward basis once we approve your exemption request. If the appropriate authority determines, at any time, that you are not exempt from paying any Taxes, you will promptly pay such Taxes, plus any applicable interest or penalties.

Terms of Service (suite)

911/Enhanced 911 (e911) Emergency Service

The present Terms of Service are in addition to the Terms of Service applicable to the Services

Be aware of the conditions about dialing 911 from your TASProvider service.

Due to recent pursuant FCC/CRTC rulings and regulations, all Customers who are using TASProvider services as their primary residential or business telephone carrier must activate 911 Emergency Services on at least one of their DIDs. As per regulations, Customer must also make sure that their communication systems permits all users to dial 911 at all times, without the need to dial a prefix, and that, should 911 be dialed from the Customer’s communication system, proper personnel and authorities be promptly informed of the emergency. The Company endeavours to provide promptly to the Customer the location information necessary to abide by rules and regulations. By the present Terms and Conditions, the Customer agrees to comply with such regulations and understands that the Company will assume no liability in case of any breach of said regulations by the Customer.

The portion of the 911 service which delivers physical address information to your local PSAP is not guaranteed. It is possible that your physical location will not be provided to the PSAP dispatcher. On occasions of this kind, it will be your sole responsibility to give the dispatcher the location of your emergency to receive emergency service assistance, and the Company shall assume no liability to that extent.

Due to the quality variability of non-IVoIP networks, TASProvider cannot and does not guarantee your emergency call will go through. Many conditions such as loss of power, Internet access and or several other may cause 911 to be inoperable. TASProvider does not have control over those types of situations and therefore can not be held liable. TASProvider will do everything within its power to prevent service outages within its network.

For e911 address information to be passed to your local PSAP dispatcher, you must set your outbound caller ID value to the specific DID you are purchasing e911 service for. Therefore, by agreeing to these Terms and Conditions, the Customer is deemed to have set the outbound Caller ID number to the DID he has enabled e911 services for when making an outbound 911 emergency call.

TASProvider have added an extension to its network where all TASProvider users may call to test their Caller ID value. At any time, you may test your outbound caller ID value by dialing ‘1-555-555-0911’ through TASProvider’ network.

By using TASProvider’ enhanced 911 service, the customer agrees that TASProvider, its contractors, executives, members, customers, agents, employees, carriers, 911 providers, and anyone else associated with TASProvider is not held liable for emergency calls failing, even if it is determined that it is the fault of TASProvider or its associates, and releases the Company from any and all liability. Customer further agrees that they will notify their customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the TASProvider 911 service of our limitations and make customers agree to not hold TASProvider or customer liable.

Customer will be charged a recovery setup fee of $1.50 and a regulatory recovery fee of $1.50 per month for each DID submitted to the e911 database. This fee is not refundable.

TASProvider reserves the right to make changes to its site, services, policies and these Terms of Service at any time.