VMedia – Voice over Internet Protocol
Residential and Business Service Agreement
This Service Agreement sets out specific terms and conditions applicable to VMedia’s Voice over Internet Protocol service (“VoIP”). This Service Agreement forms part of the Agreement between you and VMedia, which also includes: (1) the Service Terms; (2) any other Service Agreements for other VMedia Services to which you have subscribed; and (3) any other VMedia document describing features, products or services and any other document incorporated by reference.
In the event of an inconsistency between the constituent documents of the Agreement, the inconsistency will be resolved by giving preference first to any Service Agreement(s), then to the Service Terms, then to any other VMedia documentation describing features, products or services and finally to any other documents incorporated by reference.
Unless otherwise defined herein, all capitalized terms in the Service Agreement have the meaning assigned to those terms in the Service Terms.
1. How do I accept this Service Agreement?
You acknowledge that you have read, understood and agreed to this Service Agreement by either: (a) placing an order for VoIP by any means including online, over the phone or in-person; (b) installing or allowing VoIP to be installed at your premises; or (c) using VoIP.
If you do not agree to the Service Terms or this Service Agreement, or any other parts of the Agreement, you may not use VoIP.
2. What is the Order Confirmation Email and how does it fit in to the Agreement?
When you place an order for VoIP, VMedia will send you an email with information and terms and conditions relating to those services (“Order Confirmation Email”). The Order Confirmation Email provides a summary description of the services and service features that you have ordered and lists the applicable Fees.
Similarly, if you change your VoIP subscription or add a service feature, we will send you an Order Confirmation Email confirming the change and applicable terms and changes to Fees going forward.
All Order Confirmation Emails for VoIP that are in effect (i.e., not terminated or superseded by a subsequent Order Confirmation Email) are incorporated into this Service Agreement by reference.
If you discover an error in the information contained in an Order Confirmation Email, please contact VMedia at the coordinates listed in Section 47 of the Service Terms. Otherwise, if you do not agree with the information and / or terms and conditions of an Order Confirmation Email, you may not use VoIP.
3. What is VoIP?
It is a voice communications service over an Internet connection. VoIP is comprised of voice calling functionality and Equipment.
4. Are there any eligibility requirements to receive VoIP?
Yes. Eligibility for VoIP depends on several factors. You must have an active Internet connection in order to utilize VoIP. When you apply for VoIP, VMedia will qualify the address of your premises for service availability.
5. Where can I find information and pricing for VoIP?
The Website provides information and pricing for all VoIP service packages, optional service features and overage fees, as applicable.
6. How do I select a VoIP service package and service features?
With reference to the service information and pricing on the Website, you select your service package and service features when placing an order for VoIP with VMedia. Your selections will be reflected in the Order Confirmation Email.
7. What Equipment is required to use VoIP?
Depending on your choice of VMedia VoIP Services and service features, VoIP may require Equipment consisting of a handset device, adapter and other ancillary hardware.
8. Is Equipment leased or purchased?
Subject to availability, Equipment may be leased or purchased at prices available on the Website or, if not available on the Website, at prices quoted by VMedia on request. When ordering VoIP, you may indicate your preference to either lease or purchase Equipment. If you do not specify a preference, your order will reflect an Equipment leasing arrangement by default.
All Equipment installed or provided by us and not purchased by you remains our property at all times.
From time to time, software updates may be automatically downloaded to, and installed on, the Equipment. These software updates are necessary for the continued and reliable delivery of VoIP service. By subscribing to VoIP, you consent to the download and installation of such updates. If you do not agree to the downloading and installation of these software updates, your only remedy is to cancel VoIP.
9. How do I return Equipment to VMedia if my Services are cancelled?
When your Services are cancelled, you must return to us all Equipment that you do not own. Equipment must be returned in its original packaging, including all packaging and materials provided by the manufacturer and all accessories and ancillary equipment (e.g. power adapter, remote controls and wires), at your expense. You must use adequate protective packaging (e.g. bubble packaging) when shipping Equipment back to us.
If VMedia does not receive your returned Equipment within thirty (30) days of the date of cancellation, you will be charged the full purchase price of the Equipment minus depreciation, as determined by VMedia.
10. Can VMedia make changes to VoIP?
Yes. Pursuant to Section 5 of the Service Terms, VMedia may at any time make changes to VoIP, including pricing changes.
11. Can I make changes to my VoIP service package or service features?
Yes. You may change your VoIP service package and request to add, remove or change certain service features by contacting VMedia at the coordinates listed in Section 47 of the Service Terms.
12. How do I transfer my phone number from another service provider to VMedia?
VMedia will request your existing service provider to “transfer-in” one or more of your existing phone numbers if you: (i) confirm that you have the right to make the request; (ii) authorize VMedia to share with your existing service provider your information relevant to the transfer request (which may include personal information); and (iii) complete and sign any required request form. You are responsible for payment of fees owed to your existing service provider, including any applicable cancellation charges and taxes.
13. What is VMedia’s Fair Usage Policy?
VMedia’s residential plans and features are to be used for residential, non-commercial use only, and only by the account holder and the residential family members, at the place of residence listed under the account holder. Residential family members include your immediate family who reside in your personal residence — e.g., spouse, domestic partner, parents and/or children. If your residential service plan allows you to use your service from other locations through a particular device or application, all use under that service plan is aggregated and must conform to normal residential or personal, non-commercial use.
All VMedia plans have maximum reasonable call duration of 2 hours per call, after which time the call will be disconnected. Unlimited plans are subject to an aggregated limit (outgoing, call forwarding, conferencing etc) of all usage and features of 3000 minutes during each monthly billing cycle. Incoming and VMedia to VMedia calls are excluded from this policy.
VMedia reserves the right to either suspend your Service and offer you an alternative call plan, or terminate your Service, if we determine, in our sole and absolute discretion, that your use of the Service at any time was inconsistent with normal residential average usage patterns of other VMedia customers. All usage over 3000 minutes will be billed on a per minute basis, based on the rates for the destination country being called, For those 3000 minutes for Unlimited World plan, no more than 1000 minutes may be used for long distance calls outside of Canada and the USA. For both Unlimited World and Unlimited Canada and USA plans, to make calls to countries outside their plans, subscribers need to have a positive balance in their long distance account. This long distance balance can be topped up by the subscriber at any time in their My Account. If we deem your use of our Services is for commercial use, you will be required to pay our higher rates for business plans, if applicable, for all periods in which your use of the Service was inconsistent with normal residential use or the fair usage limits described herein. Where permitted by law customer may cancel.
14. How do I transfer my phone number from VMedia to another service provider?
Upon your request or at the request of your new service provider, if your assigned account and phone numbers are active, VMedia will process a “transfer-out” request for a phone number assigned to you to your new chosen service provider. Upon transfer-out, the Service Agreements pertaining to the transferred Services and phone number(s) will be cancelled automatically, pursuant to Section 34 of the Service Terms.
15. What are my responsibilities with respect to VoIP?
You are responsible for supplying all wiring inside your premises and ensuring that this wiring is in good working condition.
16. Will 9-1-1 service always be available over VoIP?
No. There are some important differences and limitations in how 9-1-1 calling over VoIP technology operates when compared to basic and E-9-1-1 services provided over traditional landline telephone service. Please review this section carefully before activating, installing or using VoIP services.
With both traditional basic 9-1-1 and E-9-1-1 service, your call is sent directly to the nearest emergency response centre. In addition, with E-9-1-1 service, your call back number and last address are visible to the emergency response centre call-taker. With VoIP service 9-1-1 calling, your call is sent to a national emergency call centre. When you make a 9-1-1 call using VoIP services, you will be asked to confirm your location information regardless of whether that information is visible to the call centre operator. The call centre operator will then transfer your 9-1-1 call to the emergency response centre nearest your location. You should be prepared to provide or confirm your name, address and call-back number with the operator. Do not hang up unless you are told to do so. If your call is disconnected, immediately dial 9-1-1 again.
If you are unable to speak during a 9-1-1 call and the call centre operator has access to a call-back number and the last registered address associated with your VoIP service, the operator will transfer the call to the emergency response centre closest to that address. In order for emergency services to be dispatched to the correct address in such cases, you must ensure that the registered address that you have provided to VMedia is always the same as the physical address at which your VoIP device is located. Whenever you move the physical location of your VoIP device or you add a line or port a number, you must update your registered address accordingly. You may update your location information by logging-in to your customer portal and changing your recorded location information. Your customer portal can be accessed using the following URL: www.vmedia.ca/login.
You acknowledge and understand that the VoIP service or access to the VoIP service, including 9-1-1, public alerts or special needs services, may not function correctly, or at all, in the following circumstances:
- If your Equipment fails, is not configured correctly or does not meet VMedia’s requirements;
- In the event of a high-speed Internet service outage, regardless of the supplier providing the high-speed Internet service to you;
- In the event of a network outage or power failure;
- If you or somebody else tampers with or, in some cases, move the Equipment; or
- Following suspension or termination of your VMedia Services or Account.
There may be a greater possibility of network congestion and/or reduced speed in the routing of 9-1-1 calls made utilizing VoIP service as compared to traditional 9-1-1 calls dialled over traditional public telephone networks.
VMedia does not currently offer Operator Service and so emergency services cannot be accessed through an operator by dialing “0”.
You should inform any business or household residents, guests and other persons who may be present at the physical location where you utilize VoIP service, of the important differences and limitations of VoIP 9-1-1 calling as compared with traditional E-9-1-1 service, as set out above.
VMedia does not have any control over whether, or the manner in which, calls using VoIP Service 9-1-1 calling service are answered or addressed by any local emergency response centre. VMedia disclaims all responsibility for the conduct of local emergency response centres and the national emergency calling centre. VMedia relies on third parties to assist it in routing 9-1-1 calls to local emergency response centres and to a national emergency calling centre. VMedia disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result.
17. How do VMedia Parties limit their liability for VoIP 9-1-1 services?
VMedia Parties limits their liability for VoIP 9-1-1 services as follows:
You acknowledge and agree that, to the maximum extent allowed by law, VMedia Parties will not be liable for any injury, death or damage to persons or property, arising directly or indirectly out of, or relating in any way to 9-1-1 calling from your VMedia VoIP Service and you agree to indemnify and hold harmless the VMedia Parties for any liabilities, claims, damages, losses and expenses, (including reasonable legal fees and expenses) which you or anyone accessing or attempting to access 9-1-1 calling from your VMedia VoIP Service may suffer or incur, arising directly or indirectly out of or relating to your or that person’s failure to obtain access to 9-1-1 emergency services.