In this Agreement:
- “Services” means any and all of the residential and small business
long distance voice services and related product offerings provided by
VOIP Freedom LLC. - “VOIP Freedom”.
- “You” and “Your” means the subscriber to any Services including any
person, firm, corporation or other entity that utilizes the Services.
Services offered by VOIP Freedom are subject to the terms and conditions
contained herein and additional terms and conditions related to a
particular Service, which make up part of this Agreement. In the event
of a conflict, these terms and conditions will take precedence. This
Agreement, including any additional terms and conditions related to a
particular Service constitute the entire Agreement between You and
VOIP Freedom and does not include any other written or oral representations or
This Agreement may be changed and updated from time to time by VOIP Freedom,
on advance notice to you. VOIP Freedom will also post an updated version on
its website. If you do not accept a change, unless you are in a fixed
term agreement, you may terminate this Agreement upon at least 30 days
advance written notice to VOIP Freedom. You cannot change this Agreement.
Language. You confirm that You accept this Agreement, as well as all
other related documents, including invoices and notices, in English
only, unless You specifically request French correspondence. Les
Présentes Conditions Générales sont disponibles en français sur demande.
2. USE OF SERVICES.
You may use the Services subscribed for provided that You do so in
applicable laws and regulation.
(1) You acknowledge that You are authorized to subscribe for the
Services and agree that You will not resell or transfer the Services to
any other person for any purpose or make any charge for the use of the
Service. (2). The Services (including rate plans) and any equipment are
provided to You as a residential user, for Your conventional personal,
residential, non-business and non-professional use only and may not be
used in any other way or for any other purpose. You agree that Your use
of the Services for commercial or any other non-residential purposes
will obligate You to pay higher rates for those types of use. VOIP Freedom
reserves the right to immediately suspend, terminate or modify the
Service if VOIP Freedom determines in its sole discretion, that Your service
is being misused, including, without limitation, use for
non-residential or commercial purposes and usage exceeding conventional
3. RESPONSIBILITY FOR CHARGES.
You are responsible for paying all charges for the Services, including for all calls and services:
(i) made via your telephones or telecommunications systems;
(ii) made using any number or 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 authorization codes, and access to your telephones and
telecommunications 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, VOIP Freedom will accept the local voice subscriber as the sole
person so authorized.
4. SPECIAL TERMS AND СONDITIONS RELATED TO SERVICE.
Bundled Services. Minimum contract terms may apply for subscriptions to
Bundled Services. If you cancel one or more of the Services in a
Bundles Services plan, VOIP Freedom will increase the rates for Your remaining
Services or charge you a fee and you are responsible for any
(1) Bundled Services. You acknowledge and agree that VOIP Freedom`s Local
Services and Long Distance Services are sold as a bundled package, and
that if You subscribe for VOIP Freedom`s Local Services, You cannot subscribe
to another carrier for long distance service for Your VOIP Freedom local
lines. In the event You subscribe to another carrier for long distance
services, You acknowledge that VOIP Freedom, at its sole discretion, will
either increase Your Local Services rates, charge You an additional
monthly fee or cancel Your Local Service and You agree You will be
responsible to pay cancellation fees.
(2) Transfer of Long Distance Telephone Service. VOIP Freedom does not have
the ability to transfer Your long distance services from VOIP Freedom`s long
distance telephone service network to an alternate long distance
provider. You agree that in the event that Your Local Line Services are
terminated, You are solely responsible for contacting an alternate long
distance service provider to convert Your long distance service from
VOIP Freedom`s long distance telephone service network to an alternate long
distance service provider.
(3) “Unlimited” type rate plans are based on Your conventional
personal, residential, non-business and non-professional use only and
do not apply to any other type of use. "Unlimited" type rate plans
include no more than 4700 min/month and any additional minutes will be
charge on regular rates - 2 cents/min and "Unlimited" calls
across the US include no more than 1000min/month and any additional
minutes will be charged on regular rates - $0.019.
(4) You agree that VOIP Freedom may monitor Your account for misuse and if
VOIP Freedom determines, in its sole discretion that Your use is not for
conventional residential purposes, VOIP Freedom may terminate Your use of the
plan or switch You automatically to another plan.
Voice over IP Service
(5) Service Limitations: You acknowledge and understand that the
Service is not a telephone service. The Service connects to the
Internet, and not a telephone line. There are IMPORTANT DIFFERENCES
between telephone service and the Service offering provided by VOIP Freedom as
set out in these Terms and Conditions.
(6) 9-1-1 LIMITATION: 9-1-1 service associated with Voice over IP
Line HAS CERTAIN LIMITATIONS COMPARED WITH TRADITIONAL 9-1-1, WICH ARE
SET OUT BELOW:
You will have Basic 9-1-1 Service only. This means that if you dial
9-1-1, your call will be automatically routed to a specialized call
centre that handles emergency calls. The call centre is different from
the Public Safety Answering Point (PSAP) that would answer a
traditional emergency call.Your call will be routed by the call centre
operator the appropriate PSAP; however, the PSAP will not have access
to your address or location information or your telephone number and
you will be required to provide Your name, telephone number and
location to both the call centre operator and the PSAP operator. If you
are disconnected from the call centre operator or PSAP operator, you
must call back.
(7) SERVICE OUTAGES. YOU ACKNOWLEDGE AND UNDERSTAND THAT DURING
SERVICE OUTAGES BY YOUR BROADBAND INTERNET SERVICE PROVIDER OR FOR ANY
REASON WHATSOEVER, YOUR TALKBROADBAND SERVICE INCLUDING 9-1-1 SERVICE,
WILL NOT WORK. IN THE EVENT OF A POWER FAILURE, TALKBROADBAND SERVICE,
INCLUDING 9-1-1 SERVICE WILL NOT WORK. IF THERE IS AN INTERRUPTION IN
THE POWER SUPPLY, THE VOICE OVER IP LINE SERVICE, INCLUDING 9-1-1
SERVICE, WILL NOT FUNCTION UNTIL POWER IS RESTORED. A POWER FAILURE OR
DISRUPTION MAY REQUIRE YOU TO RE-SET OR RECONFIGURE EQUIPMENT PRIOR TO
USING THE TALKBROADBAND SERVICE. SERVICE OUTAGES DUE TO SUSPENSION OF
YOUR ACCOUNT AS A RESULT OF BILLING ISSUES WILL PREVENT VOICE OVER IP
LINE SERVICE, INCLUDING 9-1-1 SERVICE.
(8) YOU AGREE TO IMMEDIATELY ADVISE VOIP Freedom IF YOU INTEND ON
CHANGING THE ADDRESS FROM WHICH YOU USE YOUR VOICE OVER IP LINE
SERVICE. YOU ACKNOWLEDGE AND UNDERSTAND YOUR 9-1-1 SERVICE.
(9) YOU ACKNOWLEDGE AND AGREE THAT VOIP Freedom ITS AFFILIATES, DIRECTORS,
EMPLOYEES, AGENTS AND UNDERLYING CARRIERS, WILL NOT BE LIABLE FOR ANY
INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR
INDIRECTLY OUT OF, OR RELATING TO THE 9-1-1 SERVICE AND YOU AGREE TO
INDEMNIFY AND HOLD HARMLESS VOIP Freedom (AND THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS) FOR ANY
LIABILITIES, CLAIMS, DAMAGES, LOSSES AND EXPENSES, (INCLUDING
REASONABLE LEGAL FEES AND EXPENSES) WHICH YOU MAY SUFFER OR INCUR,
ARISING DIRECTLY OR INDIRECTLY OUT OF OR RELATING TO YOUR FAILURE TO
OBTAIN ACCESS TO 9-1-1 SERVICE.
(10) Operator Services Currently Not Available. VOIP Freedom does not currently offer Operator Service.
5. BILLING AND PAYMENTS.
Charges will commence as of the activation date for the applicable
Services. VOIP Freedom will invoice you monthly for charges for the Services
on the customary billing date. You must pay 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 rate as VOIP Freedom may set from time to time. The invoice will
include, and you will be responsible for paying, applicable taxes,
interest on overdue amounts and charges for returned items ($15.00 per
returned item). VOIP Freedom will bill you based upon call duration in one
minute increments. Call timing will be determined conclusively by
VOIP Freedom’s network systems. Any fraction of an increment will be treated
as an entire increment. VOIP Freedom reserves the right to require payment on
an interim basis, prior to the normal billing 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
VOIP Freedom has lapsed. You must bring invoice inquiries and disputes to
VOIP Freedom’s attention within 30 days of the invoice date or you will be
deemed to have accepted the invoice as accurate in all respects. VOIP Freedom
will review any disputed charge, provided you continue to pay the
undisputed portion and subsequent invoices. If you do not claim your
credit balance within the 180 day period, it shall become the property
of VOIP Freedom, and any account credits provided by VOIP Freedom will expire. VOIP Freedom
reserves the right to charge a reasonable processing fee in connection
with issuing refunds.
6. CREDIT CHECK AND SECURITY DEPOSITS
Credit and Security Deposits: VOIP Freedom reserves the right to examine
your credit record and to require a deposit or other security,
including payment by credit card, before it provides, continues, or
reinstates Services to you. Should VOIP Freedom at any time consider a credit
deposit to be insufficient, a further credit deposit may be required.
VOIP Freedom will determine, at its discretion, how your deposit or other
security will be allocated to satisfy outstanding amounts owed by you
to VOIP Freedom. By subscribing to the Services, you authorize VOIP Freedom to
investigate your creditworthiness and agree, from time to time, to
provide appropriate authorizations and financial information as VOIP Freedom
may reasonably request for this purpose.
7. VOIP Freedom’S RIGHT TO REFUSE TO PROVIDE SERVICES.
VOIP Freedom may at its discretion refuse to provide Services to you.
8. SERVICE INTERRUPTION.
VOIP Freedom 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.
9. VOIP Freedom‘S LIABILITY.
(1) VOIP Freedom does not guarantee uninterrupted operation of the
Services, or of its equipment, facilities, Freedom or network.
VOIP Freedom’s liability for negligence, breach of contract, tort or other
causes of action, or any loss, omissions, delays, errors, defects or
failures in the Services, equipment or facilities, or for any other
action or inaction of VOIP Freedom, is limited to a refund of charges for the
affected Services proportionate to the length of time the problem
existed, upon request. Under no circumstances shall VOIP Freedom be liable for
any indirect, special, consequential, exemplary or punitive damages
whatsoever, including any interruption of business or lost profits,
even if such damages were reasonably foreseeable.
(2) VOIP Freedom is not liable for:
i) any disruption or unavailability of the Services;
ii) any act or omission of any third party (including any other local
telephone company, any connecting carrier or underlying carrier or
other provider of Freedom, facilities, or service);
iii) your conduct, acts or omissions, or the operation or failure of your equipment or facilities;
iv) its failure, for any reason, to activate any Services on the activation date you requested;
(3) VOIP Freedom 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 VOIP Freedom. 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 VOIP Freedom. In subscribing
for the Services, you obtain no proprietary right or interest in, any
particular facility, service, equipment, telephone number or code
associated with the Services.
10. YOUR LIABILITY.
(1) You agree to indemnify and hold harmless VOIP Freedom 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.
(2) You must not use, in any manner or circumstances whatsoever,
VOIP Freedom’s, trade-marks, trade names, logos or designs, and you have no
authority to act on behalf of any of these companies.
Hardware Return and Replacement Policy
To cancel the service you
have to fill the cancellation form and send it back to VOIP Freedom's office.
The service will be canceled on the 1st day of the next month.
If the service is cancelled within the first 60 days of
activation, all fees will be waived except cost of Long Distance and
International calls, activation fee and shipping.
The cost of adapter is fully refundable
within the first 2(two) months of service. No restocking fee is
charged. After that it is considered that the client has purchased the
adaptor and no further money will be refunded. The adapter MUST be in original pakage otherwise there is no refund.
If your equipment is defective , you may contact Customer Care to
order a replacement. Please note that when you call, Customer Care will
first attempt to troubleshoot your phone problems. For this reason
please make your initial call to Customer Care from a different phone
or you may limit the ability to troubleshoot. Once you receive the
replacement phone, you must return the defective phone to VOIP Freedom
Inc. to complete the exchange.
How to determine if your equipment is considered defective:
Equipment is generally considered to be defective and
covered under warranty if it has stopped properly functioning due to no
fault of the user. For example, a software malfunction would typically
be considered a defect of the device.
Equipment damage not considered defective includes, but is not limited to:
Cracks on or damage to the device case indicating that the device has been dropped.
Damage indicating that the device has been exposed to liquid.
LCD damage such that the IP-Phone screen has cracks or blue spots.
Device that have been modified or tampered with.
How to return your equipment:
Fill out the Return Form and indicate the item(s) that you are
returning and the reason(s) for the return. Please note: Your return
cannot be processed unless you legibly and accurately fill out the
Return Form and include it with your return.
Place item(s) and completed Return Form in the original package.
Remove all other unnecessary labels in order to minimize any confusion with shipment.
Securely seal the package and process it for shipping. Insure the
package for the full value of the phone, and send the package via a
traceable carrier (such as UPS, FedEx, or DHL). Be sure to ask for and
save the tracking number.
Your account will be credited for the full purchase price of the device (less any rebates) within two billing cycles.
NOTE: If you also wish to cancel service, you will need to call Customer Care within 72 hours of receiving the device.
IMPORTANT NOTE: If any items (a) are returned after the specified
return period, (b) have been physically damaged, modified, or damaged
by liquids, or (c) are missing any parts, then you will not be eligible
for, and you will not receive, any credit.
What to do if your phone has been lost or stolen:
Call Customer Care immediately to suspend your service. If your
device was stolen, please provide the Customer Care representative with
the police report number (if available).
Once you have called Customer Care to report the device as lost
or stolen, your service will be suspended for up to a maximum of 30
days. If your device has not been recovered within this time period,
your current account will be cancelled to prevent any possible misuse.
To avoid account cancellation, call Customer Care regarding your
options for replacing the lost or stolen device.
Charges Refund Policy:
You can receive refund from VOIP Freedom LLC. in several cases :
If you close your account and return equipment during the first 60 days after activation day of your account.
If you are charged for a call that was never completed (there was
no answer) and request Customer Service to refund within 30 days of the
invoice date. Upon verification, we will credit your account the amount
If you were incorrectly charged for services not received or for
which you did not sign up. In such cases, you must contact Customer
Service within 24 hours of the attempted call or discovery of the
11. SUSPENSION OR TERMINATION OF SERVICES BY VOIP FREEDOM.
(1) Without incurring any liability whatsoever, VOIP Freedom may immediately suspend or terminate any or all of the Services where you:
i) fail to pay an account that is past due, or you provide payment by cheque which is not honored by your bank;
ii) fail to provide interim payments when requested by VOIP Freedom;
iii) fail to provide or maintain a reasonable deposit or alternate security when requested to do so by VOIP Freedom;
iv) fail to meet VOIP Freedom’s credit requirements, or you become bankrupt or otherwise insolvent;
v) fail to comply with the terms of a deferred payment or credit agreement with VOIP Freedom;
vi) violate any provision of these General Terms of Service;
vii) use or permit others to use the Services so as to prevent fair and proportionate use by others;
viii) use or permit others to use any of the Services for a purpose or
in a manner that is contrary to law (including decisions, rules or
orders of the CRTC); or for the purpose of making harassing,
threatening, abusive, annoying or offensive calls;
ix) charge or allow others to charge any other person for the use of the Services without VOIP Freedom’s prior written agreement;
x) harass, threaten or otherwise act unreasonably towards VOIP Freedom, its
employees or agents, or in relation to the Services, including without
limitation, by making numerous unwarranted requests for credits;
xi) alter or otherwise interfere with VOIP Freedom’s facilities or equipment,
or fail to replace or modify equipment or facilities which may harm,
damage, interfere or pose a danger to others, the Services, or line’s
equipment, facilities or network; or
xii) fail to provide payment for other accounts with VOIP Freedom, including
amounts owed by you as a guarantor for the account of another.
(2) In the event of a billing dispute, VOIP Freedom will not suspend or terminate your Services where:
i) you are prepared to enter into and honor a mutually acceptable deferred payment agreement; or or
ii) payment is made for all undisputed amounts when due, provided VOIP Freedom
does not have reason to believe that the purpose of disputing certain
amounts is to evade or delay payment.
(3) 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 VOIP Freedom either during or after
the suspension or termination.
(4) If the Services were suspended or terminated for cause, including
non-payment or any of the reasons listed above, a reconnection service
charge may be applied for reconnecting each line.
12. VOIP Freedom INITIATED CHANGES IN TELEPHONE NUMBERS.
VOIP Freedom reserves the right to change the access telephone number assigned
to you. VOIP Freedom will provide notice of such change to you indicating the
date of such change.
13. YOUR RIGHT TO CANCEL.
VOIP Freedom permits you to cancel your Services at any time by contacting
VOIP Freedom’s Customer Service at the number shown on your invoice. You will
be responsible for all charges incurred up to the effective
cancellation date, which may be later than the requested cancellation
date due to administrative requirements.
14. CHANGES OR TERMINATION OF RATES, PLANS OR FEATURES.
Without incurring liability, VOIP Freedom 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 despite 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.
15. PERSONAL INFORMATION.
16. CUSTOMER SERVICE.
You may contact our Customer Service for information, inquiries or
concerns regarding the Services, or other VOIP Freedom services or products,
your account or any other matter relating to VOIP Freedom, seven days a week,
at (866) 250 5460.
17. GENERAL TERMS OF SERVICE.
These General Terms of Service are binding upon you and on VOIP Freedom and
are subject to change from time to time. You cannot assign or transfer
your rights or obligations under these General Terms of Service without
VOIP Freedom’s prior written consent.