All terms subject to change with-out notice.
PBXSystem.ca & ORE-Office Resources & Equipment (Hereafter referred to as “ORE”) 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 “Remote Support (RSP) and / or Managed PBX Plan (MPP)” and / or “Extended Warranty Plan (EWP)” and “Emergency Replacement Plan (ERP)”. When it refers to “Services”, the company means offering to customers a range of the above stated plans and services. The Term “customer” hereafter refers to you or your company as the customer to receive our support plan services.
The present Terms shall govern all Support Plans provided by the ORE to its customers.
Please read the Terms prior to using ORE services. By accessing and using the services of ORE, 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 ORE services.
The following Terms of Service (TOS) applies to all individuals referred to as customer, company and/or user of ORE Support Plan Services.
The Services provided by ORE are available only to entities and persons over the age of legal majority established by the law of customer’s country or province and capable of entering into a legally binding agreement under applicable law. By using ORE service, 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 ORE will not be held responsible.
The customer cannot spread misleading information about ORE and agrees to refrain from online posting, or other distribution in the event of disagreement or account dispute.
All information provided to customer and on the website of any ORE brand of companies is under the intellectual property of ORE. Unless both parties make a written agreement, the customer cannot use any documents, logo or information about ORE technology or brands.
The customer agrees that he is not provided with the right to start any claim, remedy or action, legal or otherwise that may harm ORE in any way, for any reason whatsoever directly or indirectly related to the services.
ORE agrees to not sell your personal or corporate information to third parties. The customer also agrees that some information can and will be passed on in the course of setting up and providing any service, IE:. Warranty registration, VoIP telephone line services, etc., with Manufacturers, vendors or inline third parties related to distributing, selling and setting up phone systems and related services you specifically acquired from ORE.
The following Terms of Service may be revised. If ORE chooses to do so, such amended Terms of Service will take precedence over previous version. If a notice is not sent to the customer, ORE will make a notification on any and all of our brand visible websites. It is the responsibility of the customer to read the Terms and keep current on revised versions.
Our yearly plans include: Remote Support Plans (RSP) & Managed PBX Plans (MPP), hereafter referred to as RSP and/or MPP.
Our support plans will only include 'PBX System Features' enclosed with-in the phone system environment itself, including and limited to the Manufacturer "features and uses", along with any other additional services "specifically listed on your yearly RSP or MPP invoice". Other critical Telephone line and Network service issues are covered later in this TOS document.
RSP and MPP Support plans are to be paid in full, up front, and on a yearly basis on their yearly anniversary as stated on the customer’s original invoice. The support plans cover the specific system(s) as noted on the invoice, unless exception has been made for warranty replacements, change of ownership (of the PBX equipment) or under Extended Warranty Plan (EWP) and Emergency Replacement Plan (ERP) replacement hardware provided. All shipping and carrier costs are extra, and to be paid whenever additional costs are required to be incurred to cover on site or additional shipment of hardware to or from any customer. ORE is not responsible for lost, stolen or misplaced shipment of any hardware and any shipping costs are to be incurred by the customer in such events. In the case of Extended Warranty Plans (EWP) and Emergency Replacement Plans (ERP) only the main PBX, as noted on the original invoice, is covered and under no circumstances will other hardware such as phones, switches, routers and any other support device be covered for replacement, except where the original manufacturer’s warranty applies.
Extended Warranty Plan (EWP) and Emergency Replacement Plan (ERP) also does not cover replacement of equipment under the following conditions: act of god, such as, but not limited to: lightening strikes, electrical surges, improper grounding, fire, flood, chemical contamination, infrequent cleaning / dust build-up inside the equipment (PBX), and other man-made / human error related issues such as: heat damage (due to stacking equipment with other equipment with-inadequate / improper ventilation and cooling), and other conditions which may reduce or degrade the useable life expectancy of the electronic components inside the PBX phone system equipment.
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 / and or PBX phone system from any suspicious act.
The customer agrees that in order to provide continuity of services for the duration of the support plan, remote access will be set-up and maintained for the duration of the support plan for or by ORE to access any PBX phone system and features of any installed PBX phone system. This agreement may include FQDN/DNS address information for remote access, network and firewall port forwarding requirements, administrative login credentials and passwords. ORE reserves the right to set-up and maintains its own login on your purchased phone system, phones or other support related hardware and software, whether using a primary or secondary credential access to any system.
ORE reserves the right to maintain the login / credentials for its own use and conditions for providing both direct remote support to you as the customer, and to access any PBX phone system for reference material to assist its other customers on their own support plans, whether related directly, indirectly or entirely unrelated. ORE also reserves the right to access any PBX system to verify set-up details and feature sets whether direct or indirect support conditions are met or required to fulfil any condition or for reference information purposes internally.
The customer also agrees to provide direct access to remote features for the duration of the term contact stated on the original invoice, whether the term has been fulfilled or completed. After completion ORE is also not required to terminate or conclude any login/credential information and cannot be held liable for any breach of credential information related directly or indirectly on the PBX System it specifically was established for. In the event of premature contract termination, ORE will retain full funds paid up front, and will not refund any part of the service costs for any reason. If termination of support contract, by either party, is executed prior to the ending date of the support contract, the customer further agrees ORE cannot be held liable for any further support or system administration.
Managed (MPP) and Remote Support (RSP) contracts are not covered under any warranty and hardware failure is excluded from support plans, unless the customer has purchased a separate Extended Warranty Plan (ERP). The customer also agrees to not hold ORE, it’s directors and employees liable for any lost of business, service, financial losses or other costs related to any support plan or hardware and software indemnities. Due to the nature of support feature changes, firmware, software and hardware electronics, any failure related to any equipment or support plan causing loss of business or equipment service downtime is not the responsibility of ORE and the customer further agrees to not hold ORE liable for any damages related to any interruption of business or personal loss.
ORE cannot be held liable for any data loss, including back-ups failure, firmware or software updates which can cause loss of data or configuration settings. Even under support plans covering back-ups of system files and settings, the customer is responsible for keeping their own back-up files as secondary measure. In the event of data loss and/or hardware failure, ORE will provide recovery back to the last available back-up. Any additional work to restore systems is not covered under any support plan and the customer further agrees to pay for any additional work to restore systems, hardware or time involved costs to ORE based on regular rates provided by ORE.
For all incidents related to and caused by primary and secondary Telecommunications providers;
Primary carriers have been known to rewire telephone lines externally (Beyond DEMARACTION) or cause issues with transmission & programming resulting in a number of ill effects. Line conditions can result in a number of audio, static, popping, and low quality volume conditions with may or may not be related to weather or wiring problems outside the phone system itself.
In the event of any issue causing problems on a site, that are found to be related to analog line condition problems, or carrier changes after initial installation and optimization - we will be billing diagnostics on our regular hourly rates (whether on site or doing remote diagnosis). The diagnostics charges will apply to all our customers across Canada regardless of the telephone line carrier being used on site. Diagnostics and hourly rates will be charged whether any issue is resolved or remains open.
Third Party I.T. Service companies and I.T. Personnel causing 'network failures', including (but, not limited to): failed or failing switches and other hardware (not directly related to, but supporting networked phone hardware), managed switch configuration issues, I.T. mis-configuration; or changes to our standard set-up and configuration requirements on networks with-out notice or communicating planned changes on a customer’s network.
After installation, in the event of any issue causing problems on a site by third party I.T. companies or I.T. Personnel, that are found to be related to network conditions or changes made - we will be billing diagnostics on our regular hourly rates (whether on site or doing remote diagnosis). The diagnostics charges will apply to all our customers across Canada regardless of the I.T. Company or in house I.T. Personnel being used on site. Diagnostics and hourly rates will be charged whether any issue is resolved or remains open.
ORE agrees to provide you with Automatic Billing, which shall be governed by the present Terms and Conditions, and shall be available for every Customer.
Customer agrees to kept up to date all billing addresses, site service addresses, contact details and pre-approved credit card billing details.
If the customer’s credit 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.
ALL support plans and services are to be paid in full up front by the customer before any service or support, or fulfillment of services and equipment is provided. No portion or part of the support contract is transferrable or refundable under any circumstances, unless agreed to in writing by both parties where change of ownership is or has taken place during the support plan term, as stated on our invoices. Additional payment default terms are as follows...
Remote Support Plans and Managed Support Plans are a critical part of your phone system services. Support needs arise for a variety of reasons and conditions at any time. As ORE prides itself on our personal approach and dedicated 'top rated customer service' - pre-payments for support plans on their renewal date is critical.
Our Remote and Managed Support Plans include several important services related to providing email services, remote connections and time or labor related services involved with creating and maintaining your phone system support. Any additional services sold, will also be stated on your original, and/or yearly invoice copy.
As of January 1st., 2023 - we require all support plans to have a "credit card on file" for prepayment & auto billing the day prior to the renewal date stated on your yearly support plan invoice. Payments for all support plans are due upon the day of renewal and, at ORE's discretion, remote support may not be supplied after the renewal date for any unpaid invoices.
In the event of Payment Default: ORE will notify you, the customer, by way of emailed invoice copy showing "unpaid balance due" with reason expressed for unpaid invoice. All notifications will be sent to the original invoice email we have on record, and/or the accounts payable email we have on record.
Important note: If you have an added carrier on your support plan, specifically for "Emergency Replacement Plan (ERP)" or "Extended Warranty Plan (EWP)", and your yearly renewal invoice is unpaid at renewal - you will not receive any equipment under those additional provisions until your yearly renewal invoice is paid in full.
This clause applies to any and all hardware failure events which may occur after the renewal date, if renewal is unpaid.
Support Plan Services may also be suspended for any invoices disputed and unpaid after 30 days for any additional services rendered under the terms above related to: Third Party Telecommunications Provider and Third Party IT Provider or IT Personnel incidents.
Support Plan Termination: 15-days from the renewal date: ORE will notify of any unpaid invoice and reminder of our "credit card of file" & prepayment requirements. ORE will not provide any email, remote or personal dedicated support from the 15-day notice going forward until support plan invoice(s) are paid in full. At 30-days from renewal date (as stated on the support plan invoice), a final reminder will be sent giving 7-day notice of termination of support plan and any related services. ORE cannot be held responsible for any terminate of services causing business loss, interruption or any other proceeding issue which may arise.
Support Plan Reinstatement & Continuance clause: If after payment default, and a customer wishes to continue or re-activate any support plan after termination has taken place - an account re-instatement fee of $99.00 (set-up fee), plus original yearly support plan will be applied. This fee is to set-up any already terminated remote or supporting services again for your phone system and other related services. As support is a recommended continued service - the original yearly invoice for the plan will back-date to the customer's original plan date / period covered for any main phone system. IE: You cannot cancel then re-activate at six months later to continue from there. The renewed support plan back-date to the original cancellation or termination date for the support plan and phone system tied to it.