VoIP Telephone Line, and Other Terms of Service (TOS)

All terms subject to change with-out notice.

Introduction

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 “VoIP Telephone Line Services”. When it refers to “Services”, the company means offering to customers a range of standard VoIP telephony and communication features. The Term “customer” hereafter refers to you or your company as the signing customer to receive VoIP Telephone Line services. 

The present Terms shall govern all VoIP Services 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 VoIP Services. 

Application

The following Terms of Service (TOS) applies to all individuals referred to as customer, company and/or user of ORE VoIP Services.

Restrictions

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 shall not use this Service as their sole call termination service, in which case the Company will assume no responsibility, and shall be advised to have a backup solution in any case this service does not deliver the customer demand. ORE does provide a “Fail-over” option and you can forward your line(s) to any one telephone number as a fail-over solution should your VoIP termination device go offline, and for extended periods of power failure or other site interruptions. 

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. 

Originating from payphones to ORE toll-free or regular service numbers is not guaranteed as some carriers block payphone telephone calls. Some carriers may also block calls from certain cell phones on networks not supporting carrier functions. 

The customer agrees to not purchase phone numbers from ORE with the sole intention to port them out to another service. Phone numbers must remain active for at least thirty (30) days and in good standing for paid period before any request to port out may be authorized. ORE reserves the right, at its sole discretion, to disable the purchase of new phone numbers from an account that presents this pattern and may charge a ‘port-out fee’ to allow the port out of numbers removed with-in a thirty (30) day period after being ordered or ported in. 

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:. 911 services require registration of Service address, billing details provided to charge for services through payment provider, etc. 

The customer covenants and agrees that he will not use ORE termination (outbound) services for telemarketing purposes (including, but not limited to Automated Dialers, Call Centers and collection agencies). In that event, customer understands that ORE will suspend such activities without warning, to its sole discretion. 

The customer covenants and agrees that he will not use any ORE phone number as their caller ID display for calls related to telemarketing, dialer traffic, polls, mass traffic campaigns, nor will use ORE phone numbers to receive traffic consistent with the aforementioned purposes (Mostly short calls, of very short duration). These activities can result in the suspension or removal of your DID number, and ORE reserves the right to do so without prior notice, and to its sole discretion. 

Terms of Service

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. Note that major changes will be noticed to customers in a reasonable time of thirty (30) days via email. 

The customer is responsible for the safekeeping of their Login and Password information. If this information is lost or given to any other party in any way, the customer understands that this will be his sole responsibility. The customer agrees to frequently change his passwords to protect his account from any suspicious act. 

Customer covenants and agrees that it is responsible for all use of VoIP services under his account and that it shall be responsible for anyone that has access, authorized or not, to customer’s account. 

ORE does not claim that its Service is “standard line quality”, and the customer understands that the Service quality is “as is” and may vary depending on the location of the customer, the internet service provider and the destination of each call. Due to the nature of its offering that allow customers to bring their own device, software, PBX or switch, the customer shall understand that the level of support, and the service offered is intended to customers with a higher technical level. Although ORE will do its best to assist customers in that situation, ORE shall not be held liable for any problem resulting thereof. 

The customer agrees to follow lawful purposes while using this Service. Call usage must comply with all applicable laws, rules and regulations in Canada, the USA and the location country of the customer. The customer agrees to set the Caller ID / ANI Identification in their configuration (SIP device) with accurate correspondence to them, without creating any confusion to another person or party. 

ORE makes no warranties, expressed or implied, including or, but not limited to, merchantability or fitness for a particular purpose, regarding its product or service. 

ORE will direct any payment, firstly to pay negative balances. The customer understands that all negative balances are due and use the Service with the acceptation that any call below negative balance does not mean that the calls are not due. ORE reserves the right to suspend any negative account, or any account that does not have a minimum 5 $ balance. A written notice will be sent to the customer in a reasonable time of thirty (30) days in case of suspended or negative account. 

ORE reserves the right to temporarily or permanently discontinue Service at any time without any notice, if this occurs, ORE will issue full refunds on unused balances only. 

All rate quotes are valid only on the day they are issued and the Company only guarantees such rate to that extent. It is the responsibility of the customer to verify the accuracy of rates. 

Home use Flat Rate Plans (may be referred to as "Unlimited") for local DID's (USA & Canada) packages are intended for residential use only and include the use of 2 simultaneous channels and a maximum of 2,500 inbound minutes per month. 

Business Flat Rate Plans ORE offers are limited to 2,500 minutes ‘per DID number’. But, minutes are pooled across multiple numbers if multiple numbers (DID’s) have been subscribed to on the customer’s account. IE: If you have ordered two numbers, the maximum across the two numbers combined is 5,000 minutes. ORE reserves the right to charge an additional fee per minute at market rates, or request the customer orders an additional line when regular ongoing overages occur on the customer’s account. 

Toll-free termination (value route) is provided to users under the premise that it will only add up to a small percentage of their traffic and that the account will also be used for regular traffic (incoming calls to DID numbers and/or outgoing calls to geographical areas). ORE reserves the right to determine, to its sole discretion, if the free toll-free usage is not typical or falls out of the pattern mentioned previously, and disable this option when most of the customer's calls consist of toll-free calls using the free toll-free termination (value route). 

All accounts and services are on a “Pre-paid” basis only. The customer is responsible for all usage of his account and is also responsible for the full balance payable on the account in the event of pre-paid payment failure. 

Customer agrees to provide a valid & authorized credit card, to be automatically charged each month, or other form of pre-paid payment such as EFT/interact eTransfer prior to each month’s starting renewal date for all pre-paid services. 

At ORE’s sole discretion, you may incur a port away fee for any DID number(s) leaving its network as this is a pass-through charge from ORE carrier(s). 

The following fees must be paid prior to account and service commencing, when porting numbers, from US and Canada: 

- Your regular monthly up front VoIP fees, as outlined in your quote, invoice or agreed rate of service per month.
- A $15.00 fee for each telephone line being ported.
- A $15.00 fee for a port resubmission after a rejection, per number rejected.
- A $50.00 USD fee for a ‘port cancellation’ once the order has been submitted to the carrier and FOC date established.

ORE does provide VoIP calling, including long distance calling to most points in North America. Some outlying areas such as NWT, Yukon, Hawaii and Alaska will incur additional per minute long distance rates at the time of call, which will be added to your monthly invoice in such event of incurred charges. ORE does NOT provide ‘International Calling’ on main VoIP accounts as a security measure. If you require International calling, a separate DID and calling account can be set-up upon request and works on a pre-paid Top Up arrangement payment plan only. 

For per minute users: All traffic routed to the following markets will be rated based on durations measured by the following billing increments: United States and Canada: 6 seconds increment, starting at a minimum of 6 seconds. Mexico: 60 seconds increment starting at a minimum of 60 seconds. Rest of the world: 6 seconds increment starting at a minimum of 6 seconds. 

ORE does not currently provide FAX / T.38 call support. We have partnered with a Third Party Company, who currently offer LOW COST Fax / T.38 service, which has been tested and is compatible with our PBX Phone Systems. You would need to sign-up directly with the third party company and pay their monthly services costs directly to them.

Caller ID – in certain cases caller ID passed through carrier VoIP networks may have error information and/or limitations. Some Caller ID’s will be displayed incorrectly and customer understands and agrees to the limitation and absolve ORE should such error in Caller ID functionality occur. 

Information on ORE site regarding service, including but not limited to termination providers, is based on information passed to it from intermediary companies and may have not been verified. ORE will use reasonable efforts to assure obedience to all the requirements of the law of Quebec, Canada (The main carrier ORE uses) about security and confidentiality of any transactions or information. 

ORE does not encrypt its SIP transmissions, or address/contact details of customer information in its database. ORE retains the right to voluntary hand over information regarding customers, usage and calls if it is requested by law, court order or by governmental organizations. 

By submitting suggestions, feedback or any volunteer contributions, the customer acknowledges that ORE is not under obligation of confidentiality. 

Refund Policy

ORE guarantees the customer that its service will be working as offered in its website. A Customer can ask for a refund of its unused balance, which will be governed as following: 

If a customer made a first deposit or payment and did not use its credits for the reason that he can't use the service, for any reason, ORE will refund 100% of the deposited amount to the customer providing no initial services or porting requests are in progress and/or in use. 

If a customer made a deposit and does not want to continue with the Service, for any reason, the Company will refund the Customer in whole, for any unused pre-paid balance (total amount of deposits minus the usage by the customer), upon request, for all new deposits made within ninety (90) days of such request of refund. ORE does not refund porting or other addon account fees preliminary to commencement of any services. Any other amounts will not be refunded to the Customer, but will still be available for use when applicable. 

ORE uses a private security firm to automatically screen IP addresses upon logging in to the customer portal and also when the customer signs up for a new account. If this score is too high, the customer may be denied access by the system. You will not hold ORE accountable for any inconvenience, financial loss or other issues directly or indirectly related to this security measure. From time to time security protocols may also trigger on SIP / VoIP services, and the customer agrees to not hold ORE or it’s carrier accountable for such security events. 

It is the customer's responsibility to verify and test that any number delivered to his account is active and working properly before publishing it. The test should be made from a landline or cell phone provider. ORE will not be held liable for any damages or advertising expenses arising from receiving a non-working number. If a number is confirmed non-working, it will be deleted from the account and the cost of the number refunded. 

All parties agree that it will conduct business in compliance to all requirements of the law, specifically in compliance of the law of the province of Quebec, Canada (The main carrier ORE uses). 

In no event shall the Company be held liable to the customer and/or to any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including any and all liquidated damages, penalties, lost profit, loss of business and damages arising from the use of the Service, even if the Company may or may not have been previously informed of the possibility of such damage occurring. 

If there is any dispute about or involving the Company’s Services, it is agreed by all parties that said dispute shall be governed by the laws of the province of Quebec (The main carrier ORE uses), and both parties agree to the exclusive jurisdiction of the courts in the district of Montreal, province of Quebec (The main carrier ORE uses). 

These Terms, and any amended versions thereof, are the entire Agreement between you and the Company with respect to the Services, and they shall supersede any other agreement, written or verbal, that you might have entered into. If any provision, or part of a provision, of these Terms is found to be invalid under the law, that provision, or portion of the provision, will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. 

The customer agrees that the present Terms cannot be assigned or transferred unless the Company gives its prior written consent. The Company has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent, but will provide customer with a notice (written or email) if that event occurs. 

Automatic Billing

ORE agrees to provide you with an Automatic Billing feature, which shall be governed by the present Terms and Conditions, and shall be available for every Customer. 

The minimum deposit for the Automatic Billing feature is $25.00 CAD, and by using such feature, you are authorizing us to take the payment for the minimum deposit, and charge it to the credit card linked to you account. We reserve the right to change the minimum deposit amount at any time. 

Every Automatic Billing account must have a minimum deposit of $25.00 CAD, but the Customer may choose any other threshold for the replenishment of his account, as long as that threshold amount is equal or higher to $25.00 CAD. By setting the threshold at the minimum of $25.00 CAD or higher, you authorize us to take payment for such sum, and charge it to the credit card linked to you account, when such threshold is reached. 

The customer may use the Automatic Billing feature for all Services provided by the Company. 

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. 

A maximum of 1 Top-up transaction per day is allowed when using Top-up prepaid services. 

ORE will use its best efforts to ensure proper functioning, but does not guarantee features will never be faulty as a result of supporting services including: carrier infrastructure and other third party entities involved with providing our VoIP services.

Minimum Deposit and/or Payment

Upon opening an account with the Company, the Customer must deposit a minimum of $25.00 CAD in order to use the Company’s Services.

Phone Call Conversation / Recording

ORE offers you the possibility to record your phone conversations, to your entire and sole discretion. You should be aware that the laws regarding the notice and notification requirements, legality and use of such recorded conversations vary from country to country, state to state or province to province.

As such, your recording of such conversation might be illegal; therefore you should make the proper verifications. By requesting or using the recording feature, you acknowledge and agree to be solely and entirely responsible for complying with all international, federal, state, provincial and local laws and regulations in the relevant jurisdiction when using this feature, and you warrant to ORE that you are acting legally.

You expressly acknowledge and agree that ORE will not and cannot be held liable for any and all claim, directly and indirectly related to your recording of phone conversations. Without limitation to the Terms of Service, you agree to release, indemnify and to hold harmless ORE from and against any and all claims, damages or liabilities of any kind related directly or indirectly to the recording of any phone conversation using the Service.

Terms of Service - Other Features

911/Enhanced 911 (e911) Emergency Service 

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

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

ORE allows its customers to make and receive calls through the customers’ internet provider. Usually, VoIP services have some restrictions comparing to landline services. By accessing and using ORE services, the customer accepts and agrees that there are differences between a traditional phone service and a VoIP phone service, including the 9-1-1 emergency service. 

Due to recent pursuant FCC/CRTC rulings and regulations, all customers who are using ORE services as their primary residential or business telephone carrier must activate 911 Emergency Services on at least one of their DIDs. By the present Terms of Service, the customer agrees to comply with such regulations and understands that the Company will assume no liability in case of any breach of said regulations by the customer. 

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

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

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

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

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

Customer will be charged a recovery setup fee of $5.50 and a regulatory recovery fee of $2.50 per month for each DID submitted to the e911 database. This fee is not refundable. 

As ORE is reselling ‘Carrier Services’, customer agrees and cannot hold ORE liable for any network, disruption of service, loss related to downtime or disruption of service for any reason. Network interruptions can also occur on the client / customer side when firewall, router, or other hardware / software issue may occur at the customer’s site location. ORE will attempt to help / support at an added per hour cost when support is require to establish or re-establish service to ORE’s VoIP carrier services. Customer agrees to pay (in full) for such support hourly costs when presented if extended time/labor is involved to help resolve customer’s supporting infrastructure. 

ORE reserves the right to make changes to its site, services, policies and these Terms of Service at any time with-out prior notice or communication.