ACCEPTANCE OF TERMS:
Portal Network Co reserves the right to change, modify, update prices (Price Plans, Features, special numbers, etc.) add or remove portions of the Terms of Service at anytime without direct notification to subscribers.
The Customer must check these Terms of Service for changes. The Customer’s continued use of this website and of the Portal Network Co service following the posting of changes to the Terms of Service will be considered an acceptance of those changes.
TERM:
Customers may benefit from special promotions upon retaining Portal Network Co services for a fixed term, as listed on the official website (https://portalnetworks.ca).Portal Network Co shall deem the entire cost of providing hardware and/or service discounts covered, upon Customer’s fulfillment of the agreed service period.
Subsequent termsof this Agreement will be renewed automatically on a month to month basisunless otherwise specified in the signed agreement.
If service iscancelled within the first 1 year of the agreement, the Customer is responsiblefor all the service fees up to date of termination, including but not limitedto unbilled charges, plus a termination fee, if applicable; all of which becomedue and payable immediately once the Customer provides notice. After theinitial period of the agreement the customer is only responsible for the lastmonth of service, or 50% of the remaining balance of the agreement – whicheveris applicable (month-to-month, vs contract).
It is also theCustomer’s sole responsibility to verify and review their monthly invoices andperiodically check-in on the status of their account. If the Customer noticesany discrepancies, the Customer is responsible to immediately notify PortalNetwork Co of any required changes.
GRACE PERIOD
For cancellationof service within the initial thirty (30) days from the activation date (“GracePeriod”), responsibility for the monthly charges and an early termination fee,if applicable, shall be waived.
For cancellationof service within the initial thirty (30) days from the activation date (“GracePeriod”), responsibility for the monthly charges and an early termination fee,if applicable, shall be waived.
The Customer willcontinue to be liable for non-recurring charges and usage charges incurredduring the Grace Period, which shall be become due and payable immediately oncethe service is terminated.
COMMERCIAL USE OF SERVICE AND DEVICE:
Portal Network Coservices and devices are provided for use by the Customer. The Customer cannotresell or transfer Portal Network Co’s services or devices to any other personfor any purpose, without the express and written permission of Portal NetworkCo in advance.
LAWFUL USE OF PORTAL NETWORK CO’S SERVICES ANDDEVICES:
The Customeragrees to use Portal Network Co’s services and devices solely for lawfulpurposes. Portal Network Co’s services cannot be used for transmitting orreceiving any illegal, harmful, threatening, abusive, harassing, defamatory,obscene, sexually explicit, profane, racially or ethnically disparaging remarksor otherwise objectionable material of any kind. This includes, but is notlimited to, any material that encourages conduct that would constitute acriminal offence, give rise to a civil liability, or otherwise violate anyapplicable local, state, provincial, national or international law.
Portal Network Coreserves the right to terminate service immediately and without advance noticeif the Customer violates the above restrictions. Upon such occurrence, theCustomer will be responsible for all the service charges up to date oftermination, including unbilled charges, plus a termination fee if applicable;all of which become due and payable immediately once the service is terminated.
UNAUTHORIZED USAGE OF PORTAL NETWORK CO’SDEVICES, FIRMWARE OR SOFTWARE:
The Customeracknowledges that this Agreement does not grant the Customer any license to usethe firmware or software embedded in the device for any purpose other than thatdescribed in the present Agreement, as authorized by Portal Network Co; andthat the devices are provided exclusively for use in connection with PortalNetwork Co’s services.
If the Customerdecides to use Portal Network Co’s services through an interface device notprovided by Portal Network Co, Portal Network Co reserves the right to prohibitor disconnect service as deemed necessary.
TAMPERING WITH PORTAL NETWORK CO’S DEVICES:
The Customeragrees not to change the electronic serial number or equipment identifier ofany Portal Network Co devices, or to perform a factory reset of the devices,without express prior written permission from Portal Network Co.
Portal Network Coreserves the right to terminate service should the Customer tamper with any ofthe devices, leaving the Customer responsible for the service charges to thedate of termination, including unbilled charges, plus a termination fee, ifapplicable; all of which immediately become due and payable.
THEFT OF SERVICE:
The Customeragrees to notify Portal Network Co immediately, in writing or by calling thePortal Network Co Customer Care Team, if any Portal Network Co device is stolenor if the Customer becomes aware that his or her service is being stolen orused fraudulently.
When contactingPortal Network Co, the Customer must provide the Portal Network Co AccountNumber and a detailed description of the circumstances of the said PortalNetwork Co device theft or fraudulent use of Portal Network Co services.Failure to do so in a timely manner may result in the termination of theCustomer’s service and additional charges. Please note that it is theCustomer’s responsibility to secure any credentials provided to them by PortalNetwork Co.
PORTAL NETWORK CO EQUIPMENT:
The cost ofshipment shall vary depending on destination and package specifications.
Portal Network Codevices shall be returned to the address listed below:
RETURN OFEQUIPMENT
Portal Network Co
290 King StreetEast
Kitchener, Ontario
Canada, N2G 2L3
Purchased devicesmay be returned to Portal Network Co within thirty (30) days of the Lineactivation provided that:
The Customer hasretained proof of purchase and original packaging;
Portal Network Coitems returned are undamaged and in original condition;
All documentationand packaging materials are returned in good order.
It is understoodthat any device purchased in original condition, unsealed by Customer, hasincurred a loss to its initial market value and Portal Network Co reserves theright to charge a $25.00 restocking fee per returned item. Such fee shall bededucted from the original purchase amount due for refund or applied againstthe Customer’s final invoice, as the case may be.
If a Customerreceives Portal Network Co cartons and/or devices that are visibly damaged,please note the damage on the carrier’s freight bill or receipt and keep acopy. Keep the original carton, all packing materials and parts intact andcontact Portal Network Co’s Customer Care Team immediately. Warranty coveragevaries depending on the type of device chosen. Please refer to the warrantymaterials included in the packaging of the Portal Network Co device(s).
After said thirty(30) day prescribed time limit, all disbursements for purchase of PortalNetwork Co devices by the Customer will be non-refundable at time oftermination of services by the Customer or Portal Network Co.
The Customeracknowledges that, under no circumstance, should there be any refund for theshipping charges or the utilization fees. All of these become due and payableimmediately when the said devices are returned.
The Customeracknowledges that any non-purchased Portal Network Co device (loaned/rented)provided by Portal Network Co for service remains Portal Network Co’s property.
Portal Network Coloaned and/or rented devices must be returned within thirty (30) days from theservice termination date to enable account closure and final billing. All itemsmust be returned undamaged and in original condition with all documentation andpackaging materials in good order. Should a device not be returned within thethirty (30) days prescribed limit, the full hardware cost will be charged toCustomer’s account.
It is understoodthat the Portal Network Co devices are subsidized by Portal Network Co when ona rental term. The Portal Network Co devices are sold by Portal Network Coexclusively to Portal Network Co customers, and as such the pricing listed onthe Portal Network Co’s website (https://portalnetworks.ca) representssubsidized rates.
In the case ofdamage to a loaned/rented Portal Network Co device, or upon account closurefollowing non-payment, the full amount of $200.00 plus applicable taxes will becharged to the Customer’s account for the true cost of the device
NUMBER TRANSFER ON SERVICE TERMINATION:
Portal Network Cowill agree to transfer the number to another Carrier of the Customer’s choiceupon termination of Portal Network Co’s services provided that the account hasbeen properly and lawfully terminated and the Customer’s account is completelycurrent and in good standing, given either of the following two cases.
ONE LINE WITH PORTAL NETWORK CO
If we receive arequest from your new Service Provider to terminate the service for a number,we will release the number shortly after notification to Portal Network Co bythe relevant Service Provider, given that there are no reasons to reject.Cancellation of associated services like SIP Trunks are the responsibility ofthe Portal Network Co customer, as DIDs are additional services.
Once your serviceis terminated and the port is completed, you will remain responsible for allcharges and fees through the date of termination, including any terminationfees if applicable (for non-returned equipment, special number porting out,promotions etc.).
If a port isunsuccessful for any reason (stranded services, suspended or inactive account,etc.), your service and your Agreement with us will not terminate; you willremain an Portal Network Co Customer and you will continue to be responsiblefor all charges and fees associated with your service.
MORE THAN ONE LINE WITH PORTAL NETWORK CO
If we receive arequest from your new Service Provider to terminate the service for a number,and you have multiple numbers assigned to your account and/or additionaldevices such as Softphone on your account, you are required to inform us ofyour intent to terminate all the services on your account prior to thesuccessful completion of the requested port or we will select the mostappropriate billing plan for any remaining numbers and/or devices on yourPortal Network Co account; and you will continue to be responsible for all the chargesand fees associated with the remaining services on your account.
Once the port ofthe requested number is completed, you will remain responsible for all chargesthrough the date of service termination, including any termination feesapplicable to the ported number.
It is theCustomer’s sole responsibility to verify and review their monthly invoices andperiodically check-in on the status of their account. If the Customer noticesany discrepancies, the Customer is responsible to immediately notify PortalNetwork Co of any required changes
LONG DISTANCE EXCLUSIVITY:
It is understoodthat Portal Network Co will be the Customer’s exclusive long-distance providerfor the time that this Agreement is in force. Portal Network Co has theauthority to direct all of the Customer’s long-distance calls through PortalNetwork Co’s network.
TOLL FREE SERVICES:
Portal Network Coprovides its customers upon request toll-free numbers (1-800, etc..) which arebilled monthly, and include a per-minute rate of $0.03 for all incoming calls.
REGULAR USAGE:
Customers mustnote that any service and/or devices are provided solely for regularresidential or commercial use. Usage limitations are subject to the ReasonableUse Policy posted on the website, as amended by Portal Network Co from time totime.
The Customer shallnot resell or transfer the service or a device to another party without priorwritten consent from Portal Network Co. The Customer is also prohibited fromusing the service or a device for auto-dialing, continuous or extensive callforwarding, telemarketing, fax or voicemail broadcasting or fax or voicemail blasting.
We reserve theright to immediately terminate or modify a Customer’s service if we determinethat the use of the service or the device is, or at any time was, inconsistentwith regular residential usage patterns
In addition, theCustomer will be required to pay the Portal Network Co standard rates for theentire period in which the use of the service or the device was inconsistentwith regular residential or commercial use.
FRAUDULENT CALLS:
Customer is solelyresponsible for the security and integrity of his/her VoIP gateway, andacknowledges that any usage charges resulting from unauthorized access tohis/her gateway by a known or unknown party will be invoiced to the Customer
PROMOTIONAL PACKAGES:
On occasion,Portal Network Co may offer service promotional packages (“Promotions”). Theduration and terms of the Promotions may vary according to the specificationsdescribed in the promotional literature or on the website
PROPRIETARY RIGHTS:
The Customeracknowledges and agrees that all content available on the Portal Network Cowebsite is protected by copyright, trademarks, service marks, patents, tradesecrets, or other proprietary rights and laws.
Except asexpressly authorized by Portal Network Co, the Customer agrees not to sell,license, rent, modify, distribute, copy, reproduce, transmit, publicly display,publicly perform, publish, adapt, edit, or create derivative works from suchmaterials or content.
Notwithstandingthe above, the Customer may print or download one copy of the materials orcontent on this website on a single computer for personal, non-commercial use,provided that the Customer keeps intact all copyright and other proprietarynotices.
Systematicretrieval of data or other content from the Portal Network Co website to createor compile, directly or indirectly, a collection, compilation, database ordirectory without written permission from Portal Network Co is strictlyprohibited. In addition, any use of the content or materials for any purposenot expressly permitted in this Agreement is prohibited.
Notwithstandinganything to the above, reproduction, copying, or redistribution for commercialpurposes of any materials or design elements on the Portal Network Co websiteis strictly prohibited unless the Customer has obtained prior written approvalfrom Portal Network Co.
Service isavailable 24/7 but subject to network availability, which may be affected bylack of Internet connectivity, power outages, and other interruptions inservice. Portal Network Co makes no warranties that the service will be errorfree, uninterrupted or that defects in the service will be corrected.
SERVICE OUTAGE:
POWER OUTAGE: TheCustomer acknowledges and understands that the Portal Network Co services donot function in the event of a power failure. Should there be an interruptionin the power supply, services will not resume until power is restored. A powerfailure or disruption may require the Customer to reset or reconfigureequipment prior to resuming services.
BROADBAND SERVICE OUTAGE:
The Customeracknowledges and understands that service outages caused by their BroadbandProvider will prevent any calls from being made or received.
SERVICE OUTAGE DUE TO SUSPENSION OF THECUSTOMER’S ACCOUNT:
The Customeracknowledges and understands that service outages due to suspension of servicesfollowing billing issues will prevent any calls from being made or received. Exceptions have been made in the rate tables to allow forthe dialling of Portal Network Co for the purposes of payment, and 911.
OTHER SERVICE OUTAGES:
The Customeracknowledges and understands that if there is a service outage for any reason,such outage will prevent any calls from being made or received. Such outagesmay occur for a variety of reasons, including but not limited to, those reasonsdescribed elsewhere in this Agreement
IMPORTANT INFORMATION ABOUT EMERGENCY 9-1-1SERVICE:
VoIP servicesallow the Customers to make or receive telephone calls over the Internet to orfrom the Public Switched Telephone Network.
The nature of VoIPtelephone calls, while appearing similar to traditional telephone callingservices, create unique limitations and circumstances, and the Customeracknowledges, understands and agrees that differences exist between traditionaltelephone service and VoIP telephone services, including the lack oftraditional 911 emergency services.
DIFFERENCES TO TRADITIONAL TELEPHONE SERVICE
Because of theunique nature of VoIP telephone calls, emergency calls to 911 through PortalNetwork Co will be handled differently than traditional telephone services.
The followingprovisions describe the differences and limitations of 911 emergency calls, andthe Customer hereby acknowledges and understands that the Portal Network Coservice is not a traditional telephone service.
There areimportant differences between traditional 911 telephone services and theservices provided by Portal Network Co as set out in these Terms andConditions. Customers must review the section below in its entirety.
PLACING 911 CALLS
If the Customermakes a 911 emergency call, Portal Network Co will attempt to automaticallyroute the Customer’s 911 call through a third-party service provider to thePublic Safety Answering Point (“PSAP”) corresponding to the Customer’s addressof record on his or her account
However, due tothe limitations of the VoIP telephone services, the Customer’s 911 call may berouted to a different location than that which would be used for traditional911 dialing.
For example, theCustomer’s call may be forwarded to a third-party, specialized call centre thathandles emergency calls
This call centreis different from the PSAP (Public Safety Answering Point) that would answer atraditional 911 emergency call which has automatically generated the Customer’saddress information. Consequently, the VoIP Customer will be required toprovide his or her name, address, and telephone number to the call centreoperator
HOW YOUR INFORMATION IS PROVIDED
Portal Network Cowill attempt to automatically provide the PSAP dispatcher or emergency serviceoperator with the name, address and telephone number associated with theCustomer’s account. However, for technical reasons, the dispatcher receivingthe call may not be able to capture or retain the Customer’s name, phone numberor physical location.
Therefore, whenmaking a 911 emergency call, the Customer must be prepared to immediately(confirm and) inform the dispatcher of his or her location and call-back number(or the location of the emergency, if different), since the operator may nothave this information.
If the Customer isunable to speak, the dispatcher may not be able to locate him/her if theCustomer’s location information is not up to date.
Failure to keepinformation current will result in a Customer not being able to communicate duringa 9-1-1 call; and/or the emergency operator may assume that Customers are atthe last registered address.
HOW YOUR INFORMATION IS PROVIDED
The Customer isresponsible for providing, maintaining, and updating correct contactinformation (including name, residential address and telephone number) for hisor her account.
If the Customerdoes not correctly identify the actual location where he/she is located, or ifthe Customers account information has recently changed or has otherwise notbeen updated, 911 calls may be misdirected to an incorrect emergency responsesite.
For example, ifthe Customer changes the address from which he or she uses their service or,access to 9-1-1 service will not function properly as it will be routed to theaddress on file.
Upon moving to anew address, or change of use of service, the Customer must immediately notifyand advise Portal Network Co by email or by telephone with the most currentlocation information.
Failure to advisePortal Network Co of any changes will adversely affect the ability to accessthe 9-1-1 Service. You may also update your most likely physical address onlinethrough the Portal Network Co customer area.
HOW YOUR INFORMATION IS PROVIDED
For Auto AttendantCustomers with their associated extensions, please note that only the maincompany number and the main company service address will be on file for 911,regardless of where the associated extension is located.
DISCONNECTIONS
During the 9-1-1call, the Customer must not disconnect the 911 emergency call until told to doso by the dispatcher, as the dispatcher may not have the Customer’s number orcontact information.
If the Customer isinadvertently disconnected, he/she must call back immediately.
Connection time:for technical reasons, including network congestion, it is possible that a 911emergency call will produce a busy signal or will take longer to connect whencompared with traditional 911 calls
911 CALLS MAY NOT FUNCTION
For technicalreasons, the functionality of 911 VoIP emergency calls may cease or becurtailed in various circumstances, including but not limited to:
if your service oryour system (service) access equipment fails or is not configured correctly
if your VoIPservice is not functioning correctly for any reason, including power outages,VoIP service outage, suspension or disconnection of your service due to billingissues
network orInternet congestion, network or Internet outage in the event of a power outage;you may need to reset or reconfigure the system access equipment before beingable to use the VoIP service, including for 911 emergency calls; changinglocations—if you move your system access equipment to a location other thanthat described in the Customer’s account information or otherwise on recordwith Portal Network Co. Therefore, it is strongly advised that backup powersupply be made available, such as a UPS.
INFORM OTHER USERS
The Customer mustensure full understanding of the 9-1-1 service limitations and is responsiblefor notifying, and agrees to notify, any user or potential users of VoIPservices of the nature and limitations of 911 emergency calls on the VoIPservices as described herein
LIABILITY:
Customers areadvised to review this section with respect to Portal Network Co’s limitationsof liability
THE CUSTOMERCONFIRMS THAT THEY HAVE READ AND UNDERSTOOD THESE 9-1-1 SERVICE DIFFERENCES. BYACCEPTING THESE TERMS, THE CUSTOMER ACCEPTS PORTAL NETWORK CO VOIP SERVICES ONTHESE TERMS, AND HEREBY WAIVES ANY AND ALL CLAIMS OR CAUSES OF ACTION AGAINSTPORTAL NETWORK CO, ITS AFFILIATES, UNDERLYING CARRIERS, OFFICERS, DIRECTORS,EMPLOYEES, AGENTS OR CONTRACTORS, LICENSORS, AND SUPPLIERS ARISING FROM ORRELATING TO THE PORTAL NETWORK CO 9-1-1 SERVICE. THE CUSTOMER ALSO AGREES TOINDEMNIFY, DEFEND AND HOLD HARMLESS THE ABOVE PERSONS FROM ANY SUCH CLAIMS FORDAMAGES, INCLUDING LEGAL FEES. THE CUSTOMER’S WAIVER AND INDEMNITY IN THISSECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
COLLECT CALL:
Portal Network Codoes not currently offer collect calls.
INVOICING:
Portal Network Cowill provide monthly invoices stating the recurring and non-recurring fees forthe upcoming month within three (3) days of the end of each calendar month.Invoices are due and payable within fourteen (14) days of the invoice date.
We reserve theright to bill at more frequent intervals if the amount owing at any timeexceeds $50. The Customer is responsible to Portal Network Co for payment ofall the service charges and/or the equipment supplied to them.
Portal NetworkCo’s “Carrier” Services are available in Canadian, United States or Europeancurrency.
A late paymentcharge applies when a payment has not been received within twenty-one (45) daysafter the date of the statement of account for service. This charge is amonthly compound rate of 2% or $2, whichever is greater. If a service has beensuspended for non-payment, Portal Network Co reserves the right to apply a $20reactivation fee before reactivation.
An administrativefee of $15.00 per occurrence will be charged to Customer for any paymentsreturned by the bank for non-sufficient-funds (“NSF”).
A charge disputedby the Customer in good faith shall not be considered past due unless PortalNetwork Co has reasonable grounds to believe that the sole purpose of thedispute is to evade or avoid payment.
The Customeracknowledges that Portal Network Co will not issue cheques for refunds ofamounts lower than ten dollars ($10.00). Alternatively, the Customer agreesthat any refunds lower than ten dollars ($10.00) will be credited against theCustomer’s account.
Unless there hasbeen a deception with regard to a charge, the Customer is not responsible forpaying a previously unbilled or under billed charge except where:
An agreement orcontract is not in place, and; A recurring charge is correctly billed within aperiod of one year from the date it was incurred; or a non-recurring charge iscorrectly billed within a period of 180 days from the date it was incurred; orin the case of a recurring charge that should not have been billed or was overbilled, the Customer will be credited with the excess back to the date of theerror, subject to applicable limitation periods provided by law.
However, if theCustomer does not dispute the charge within 60 days of the date of an itemizedstatement, Portal Network Co will not credit such charge for the period priorto that statement.
Non-recurringcharges that should not have been billed or that were over billed will be credited,provided that the Customer disputes such charges within seven (7) days ofreceiving their credit card statement.
BILLING DISPUTES:
The Customer mustnotify Portal Network Co in writing within seven (7) days after receiving theircredit card statement if there is dispute of any charges or such dispute willbe deemed waived. Billing disputes should be reported to the following emailaddress: billing@portalnetworks.ca
PAYMENT:
Portal Network Coaccepts the following payment methods:
Pre-authorizedcredit card withdrawals (credit card is accepted for US and Canadian currency)
Pre-authorizedchecking account withdrawals
Online Banking viaEFT (setting up Portal as a payee)
Cheques
PRE-AUTHORIZED PAYMENTS
After havingsubmitted a credit card or bank account information with the express request tobe used for pre-authorized payments, the Customer’s initial use of servicesauthorizes Portal Network Co to process the information provided for the duecharges. The Customer must notify Portal Network Co of any changes in paymentinformation and is responsible for the charges that accrue during any billingcycle.
The authorizationshall remain valid for 30 days after Portal Network Co receives written noticerequesting termination of pre-authorized payments. Portal Network Co mayterminate service at any time in its sole discretion, if any charge to theCustomer’s credit card or bank account on file with Portal Network Co isdeclined and/or in the case of any other non-payment of account charges.
In the case oftermination of service for non-payment, including but not limited to a declinedcredit card or bank account withdrawal, the Customer is fully liable to PortalNetwork Co for all charges accrued to date of termination; as well as forcharges incurred by Portal Network Co owing to non-payment, such as (but notlimited to) collection costs and attorney’s fees.
PRE-AUTHORIZED BILLING FORM
By acceptingservices from Portal Network Co, the Customer hereby authorizes Portal NetworkCo to charge the Customer’s credit card account and/or bank account on anongoing basis for any amounts owing. The Customer understands that thisauthorization is valid for as long as the Customer is an Portal Network Cosubscriber, unless the Customer provides written notice of termination toPortal Network Co. The Customer also agrees to contact Portal Network Co ifthere are any changes to the Customer’s credit card or bank accountinformation.
CONSENT TO CREDIT VERIFICATION:
By agreeing toPortal Network Co’s Terms of Service the Customer hereby declares that all theinformation provided to Portal Network Co is true, complete and correct to thebest of the Customer’s knowledge. The Customer understands that thisinformation may be used by Portal Network Co to determine the Customer’screditworthiness in order to assess the Customer’s ability to meet financialobligations. The Customer authorizes Portal Network Co and its agents orassigns to:
Request and obtainpersonal information on an ongoing basis from the Credit Bureaus.
Exchange personalinformation on an ongoing basis with the Credit Bureaus in order to protect theCustomer, to ensure the completeness of the information and to maintain theintegrity of the credit granting system;
Co-operate withlocal, provincial and national authorities in the investigation of unlawful orimproper activities in order to protect the Customer and Portal Network Co fromfraudulent transactions;
Disclose theCustomer’s personal information where necessary to protect the interests of theCustomer and Portal Network Co;
The Customeragrees that Portal Network Co may conduct a pre-authorization on the Customer’scredit card, in order to determine the Customer’s credit-worthiness, which willimply blocking an amount at least equal to the first invoice. The amount willbe released in 48 hours (Note: certain banks release the amount upon Customer’srequest);
vi) The Customeracknowledges that based on the result of the credit verification, Portal NetworkCo may request a security deposit which stands as a primary condition forproviding the service. Such deposit may be returned by Portal Network Co uponrequest after 12 months of positive payment history.
If the chosenpayment method is pre-authorized monthly chequing account withdrawals, theCustomer is required to fill out a Pre-Authorized Debit Agreement PortalNetwork Co with a copy of a void cheque. The Customer may send a scanned copyby e-mail to billing@portalnetworks.ca to the attention of theBilling Team. This is required as a means to verify the account details and tomeet auditor requirements to maintain a copy of the banking details (voidcheque) in the Customer files.
TERMINATION/DISCONTINUANCE OF SERVICE:
The InitialService Term of this Service Schedule, according to the contract signed by thecustomer commencing on the date that the Service is provisioned and ready foruse (the “Initial Service Term”). Upon expiry of the Initial Service Term orany Renewal Service Term, this Service Schedule and the term for Servicesplaced pursuant to Appendix 2 shall automatically renew for a consecutiveRenewal Service Term of 1 year, each a (“Renewal Service Term”) provided thatthe Agreement has not been terminated and neither party has delivered a noticeof non-renewal pursuant to the Agreement. The Initial Service Term and anyRenewal Service Term(s) are hereinafter collectively referred to as the“Service Term”.
In the event thatthe Customer terminates this Service or any portion of the Services providedherein prior to the expiry of the Initial Service Term or Renewal Service Term,the Customer shall pay to Supplier in a single payment, at the time oftermination, any outstanding service charges and/or construction charges plusTermination Fees which are equal to (i) 100% of the monthly remaining Feesotherwise payable by Customer during the Initial Service Term and (ii) 50% ofthe monthly remaining Fees otherwise payable by Customer during any ServiceRenewal Term(s).
Portal Network Coreserves the right to discontinue providing services generally, or to terminatethe Customer’s service at any time, at its sole discretion, upon Customer’sbreach of any of the terms herein. Portal Network Co also reserves the right toterminate the Customer’s service for no stated reason; however, upon suchoccurrence, Customer shall only be liable for the service fees charged byPortal Network Co until the date of termination.
Upon terminationof service for any stated reason, the Customer will be responsible for thecharges accrued through the date of termination, including without limitationunbilled charges and a termination fee, if applicable; all of which shallimmediately become due and payable.
In addition to PortalNetwork Co’s right to terminate the Customer’s services, Portal Network Co mayrestrict, block, suspend or terminate any or all services or accounts, withoutprior notice to the Customer, if:
Customer is inbreach of the Agreement, including non-payment of due charges or non-compliancewith any Policies;
Customer does notmaintain service usage within the prescribed Credit Limit;
Customer exceedsreasonable usage limits, as determined by Portal Network Co;
Customer has givenPortal Network Co false, misleading or outdated information;
Portal Network Coreasonably suspects or determines that any of the Customer’s account,identifiers or services are subject to fraudulent, unlawful or improper usageor usage that adversely affects Portal Network Co’s operations or the use ofPortal Network Co’s services, facilities or networks by others;
Customer harasses,threaten or abuses Portal Network Co or its employees or agents;
Customerfraudulently or repeatedly or improperly seeks to avoid payment to Portal NetworkCo;
Portal Network Coneeds to install, maintain, inspect, test, repair, remove, replace,investigate, protect, modify, upgrade or improve the operation of the services,its facilities or networks;
Any account orservice on which the Customer’s services depend is terminated for any reason;
Portal Network Coreasonably believes that there is an emergency or extreme circumstance thatwould warrant such action.
Upon thetermination of a Service Agreement, the Customer will remain responsible forpayment of all charges accrued throughout the effective date of termination, aswell as applicable termination fees or purchase fees.
Portal NetworkCo’s loaned and/or rented equipment must be returned within 30 days oftermination; failing to do so, the Customer will be charged the full price ofany equipment not returned. Returned equipment must include original packaging,accessory materials and must not have physical damage. If any of Portal NetworkCo’s equipment is returned in an unsatisfactory condition, which shall bedetermined by Portal Network Co in its sole discretion, Portal Network Co willcharge Customer the full purchase price of such equipment.
For termination ofservice prior to the completion of a fixed term agreement, Customer will becharged an Early Termination Fee (“ETF”). The ETF is subject to such service orhardware discount received by Customer for entering the Agreement; based on thelength of the Agreement and the economic gain for the agreed period. PortalNetwork Co shall deem the entire cost of providing discounted services and/orhardware covered, upon Customer’s fulfillment of said period.
TAXES:
Any applicablesales, use, excise, public utility or other taxes, fees or charges imposed onPortal Network Co as a result of providing Portal Network Co’s services or adevice will be billed to the Customer’s account. If a Customer is exempt frompayment of such taxes, then that Customer will provide Portal Network Co withan original government-issued certificate attesting to tax-exempt status. Tax exemptionwill only apply from and after the date Portal Network Co receives thetax-exempt document.
Limitation of Liability:
Portal Network Coshall not be liable for any failure to provide its services or any degradationof voice or data service quality caused by any of the following
Act or omission ofan underlying carrier.
Equipment, networkor facility failure;
Equipment, networkor facility upgrade or modification;
Force majeureevents such as (but not limited to) acts of god, strikes, fire, war, riot,government actions;
Equipment, networkor facility shortage;
Equipment orfacility relocation;
Any other causethat is beyond Portal Network Co ’s control, including without limitation thefailure of an incoming or outgoing call to be connected or completed, includinga 9-1-1 emergency call. This includes degradation of voice quality.
Portal NetworkCo’s liability for any failure or mistake shall in no event exceed servicecharges on account of the affected time period. Portal Network Co is not liablefor incidental or consequential damages of any type.
UNDER NOCIRCUMSTANCES SHALL PORTAL NETWORK CO, ITS PARENTS, SUBSIDIARIES, OR ITSLICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, ORCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THESERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ONCONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IFPORTAL NETWORK CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; BECAUSESOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL ORCONSEQUENTIAL DAMAGES, PORTAL NETWORK CO’S LIABILITY IN SUCH JURISDICTIONSSHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification:
The Customer shalldefend, indemnify and hold harmless Portal Network Co, its officers, directors,employees, affiliates and agents from and against all damages, liabilities,obligations, losses, injuries, claims, demands, penalties, costs and expenses(including reasonable legal fees and disbursements) arising from any and allclaims by any person based on:
the content of anytransmissions by the Customer or any permitted user;
the use of serviceby the Customer or any permitted user, including without limitation, prohibiteduse;
the use offacilities, equipment or connections provided by the Customer;
the breach by theCustomer of any term or condition.
No Warranties on Service:
PORTAL NETWORK CO,ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS PROVIDE THE SERVICES “AS-IS”AND MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH THENETWORK, THE SERVICES (INCLUDING ANY FEATURES) OR THE EQUIPMENT CONTEMPLATEDHEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDINGWITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESSFOR A PARTICULAR PURPOSE OR USE. ALL REPRESENTATIONS WARRANTIES OR CONDITIONSOF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
No Warranties or Limited Warranties forDevices:
If the Customerhas purchased a new device from Portal Network Co that includes a limitedwarranty at the time of purchase, the Customer must refer to the separatelimited warranty document for information on the limitation and disclaimer ofcertain warranties. In regards to hardware purchased as part of a PO under aManaged Services Contract, a manufacturers warranty is applied unless anextended warranty is purchased.
If the device didnot include a limited warranty from Portal Network Co at the time of purchase,the Customer agrees to accept the unit in question on an “As is” basis and isnot entitled to replacement or refund in the event of any defect.
ConfidentialInformation shall include all data, materials, products, technology, computerprograms, specifications, manuals, business plans, software, marketing plans,financial information, and other information disclosed or submitted, orally, inwriting, or by any other media, by an Portal Network Co representative to theCustomer.
Except asotherwise specified herein, the Customer and Portal Network Co each expresslyundertake to retain in confidence all information transmitted to each otherpursuant to this Agreement that the disclosing party identifies as beingproprietary and/or confidential or that, by the nature of the circumstancessurrounding the disclosure, ought in good faith to be treated as proprietaryand/or confidential (“Confidential Information”), and will make no use of suchConfidential Information except under the terms and during the existence ofthis Agreement.
The Customer andPortal Network Co shall treat the specifics of their Agreement, including butnot limited to pricing, setup, special provisions, as confidential; however,either party may disclose such information in confidence to its immediate legaland financial consultants as required in the ordinary course of that party’sbusiness.
The receivingparty’s obligation hereunder shall extend for two (2) years following thedisclosure of the Confidential Information.
MandatoryArbitration: Any dispute or claim between a Customer and Portal Network Coarising out of, or relating to, Portal Network Co’s services or devicesprovided by Portal Network Co in connection with this Agreement shall beresolved by arbitration before a single arbitrator.
The arbitrator’sdecision shall follow the plain meaning of the relevant documents and shall befinal and binding.
Without limitingthe foregoing, the parties agree that no arbitrator has the authority to: (i)award relief in excess of what this Agreement provides; or (ii) award punitiveor exemplary damages. Judgment on the award rendered by the arbitrators may beentered in any court having jurisdiction thereof.
All claims shallbe arbitrated individually and the Customer will not bring, or join a punitiveor certified class action to arbitration or seek to consolidate or bringpreviously consolidated claims to the arbitration process.
The arbitratorshall have no authority to award punitive damages. The Customer acknowledgesthat this arbitration provision constitutes a waiver of any right to a jurytrial.
This Agreementshall be governed by and construed in accordance with the laws of the Provinceof Ontario and the applicable laws of Canada, without regard to any conflict oflaw provisions.
The Customer andPortal Network Co agree to submit to the personal and exclusive jurisdiction ofthe courts located within the Province of Ontario.
The failure ofPortal Network Co to exercise or enforce any right or provision of theAgreement shall not constitute a waiver of such right or provision
The Customeragrees that regardless of any statute or law to the contrary, any claim orcause of action arising out of or related to use of Portal Network Co’sservices or the Agreement must be filed within one (1) year after such claim orcause of action arose or be forever barred.
This Agreement andthe rates for services found on Portal Network Co’s website constitute theentire agreement between the Customer and Portal Network Co and it shall governthe Customer’s use of Portal Network Co’s services.
This Agreementsupersedes any prior agreements between the Customer and Portal Network Co andany and all prior or contemporaneous statements, understandings, writings,commitments, or representations concerning its subject matter between theCustomer and Portal Network Co, as regularly updated.
The failure ofPortal Network Co to exercise or enforce any right or provision of theAgreement shall not constitute a waiver of such right or provision.
If any part ofthis Agreement is legally declared invalid or unenforceable, all other parts ofthis Agreement are still valid and enforceable.
Such invalidity ornon-enforceability will not invalidate or render unenforceable any otherportion of this Agreement. If any provision of the Agreement is found by acourt of competent jurisdiction to be invalid, the parties nevertheless agreethat the court should endeavor to give effect to the parties’ intentions asreflected in the provision, and the other provisions of the Agreement remain infull force and effect.
CCTS is anindependent agency whose mandate is to resolve complaints of individual andsmall business customers about their telecommunications services. If you have acomplaint about your telephone, or Internet service, you must first try toresolve it directly with your service provider. If you have done so and havebeen unable to reach a satisfactory resolution, CCTS may be able to help you,free of charge.
To learn moreabout CCTS, you may visit its website at www.ccts-cprst.ca or call toll-freeat 1-888-221-1687