SORIEL TELECOM TERMS OF SERVICE
These Terms of Service constitute the agreement ("Agreement") between SORIEL TELECOMMUNICATIONS, Corp. SORIEL TELECOM. ("we," "us" or "SORIEL TELECOM") and the user ("you," "user" or "Customer") of SORIEL TELECOM enhanced communications services and any related products or services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection device, ("Device" or "Equipment") used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. If you have purchased Equipment from a retail store or dealer that sells equipment compatible with the Service, you will be deemed a "Retail Customer" and will be governed by certain Retail Customer terms and conditions as set forth herein.
1. SERVICE
1.1 Term
Service is offered on a yearly basis for a term which begins on the date that SORIEL TELECOM activates your Service and ends on the day before the same date in the following year. Subsequent terms of this Agreement automatically renew on a yearly basis without further action by you unless you give SORIEL TELECOM written notice of non-renewal at least (60) days before the end of the yearly term in which the notice is given. You are purchasing the Service for full yearly terms, meaning that if you attempt to terminate Service prior to the end of a yearly term, you will be responsible for the full year charges to the end of the then-current term, including without limitation unbilled charges, plus a termination fee, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.
1.2.1 Residential Use of Service and Device
If you have subscribed to SORIEL TELECOM's Residential services, the Service and Device are provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from SORIEL TELECOM in advance. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any commercial or governmental purpose will obligate you to pay SORIEL TELECOM's higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. SORIEL TELECOM reserves the right to immediately terminate or modify the Service, if SORIEL TELECOM determines, in its sole discretion, that Customer's Service is being used for non-residential or commercial use.
1.2.2 Business Use of Service and Device - Prohibition on Resale
If you have subscribed to SORIEL TELECOM's Business services, the Service and Device are provided to you as a business user. This means that you are not to resell or transfer the service or device to any other person for any purpose, without express written permission from SORIEL TELECOM in advance. You agree that the SORIEL TELECOM Business SORIEL TELECOM reserves the right to immediately terminate or modify the Service, if SORIEL TELECOM determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities.
1.3 Lawful Use of Service and Device
1.3.1 Prohibited Uses
You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in SORIEL TELECOM's sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. SORIEL TELECOM reserves the right to terminate your service immediately and without advance notice if SORIEL TELECOM, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full year charges to the end of the current term, including without limitation unbilled charges, plus a termination fee, all of which immediately become due and payable and may at SORIEL TELECOM’s discretion be immediately charged to your Bank Account. You are liable for any and all use of the Service and/or Device by yourself and by any person making use of the Service or Device provided to you and agrees to indemnify and hold harmless SORIEL TELECOM against any and all liability for any such use. If SORIEL TELECOM, in its sole discretion believes that you have violated the above restrictions, SORIEL TELECOM may forward the objectionable material, as well as your communications with SORIEL TELECOM and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
1.3.2 Use of Service and Device by Customers Outside the
While we encourage use of the Service within Puerto Rico or
the
1.4 Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by SORIEL TELECOM
You acknowledge and
understand that the Service does not function in the event of power
failure. You also acknowledge and understand that the Service requires a
fully functional broadband connection to the Internet (which is not provided by
SORIEL TELECOM) and that, accordingly, in the event of an outage of, or
termination of service with or by, your Internet service provider
("ISP") and/or broadband provider, the Service will not function, but
that you will continue to be billed for the Service unless and until you or SORIEL
TELECOM terminate the Service in accordance with this Agreement. Should
there be an interruption in the power supply or ISP outage, the Service will
not function until power is restored or the ISP outage is cured. A power
failure or disruption may require the Customer to reset or reconfigure
equipment prior to utilizing the Service. Power disruptions or failures
or ISP outages will also prevent dialing to emergency service numbers including
the 911 calling feature. Should SORIEL TELECOM suspend or terminate your
Service, the Service will not function until such time as SORIEL TELECOM
restores your Service (which may require payment of all invoices and
reconnection fees owed by you or cure of any breach by you of this Agreement).
1.5 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on SORIEL TELECOM's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of SORIEL TELECOM are and shall remain the exclusive property of SORIEL TELECOM and nothing in this Agreement shall grant you the right or license to use any of such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that SORIEL TELECOM will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. If you decide to use the Service through an interface device not provided by SORIEL TELECOM, which SORIEL TELECOM reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless SORIEL TELECOM against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
1.6 Tampering with the Device or Service
You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from SORIEL TELECOM in each instance which SORIEL TELECOM may deny in its sole discretion. SORIEL TELECOM reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a termination fee, all of which immediately become due and payable. You agree not to hack or disrupt the service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.
1.7 Theft of Service
You agree to notify SORIEL TELECOM immediately, in writing or by calling the SORIEL TELECOM customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as SORIEL TELECOM receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.
1.8 Return of Device
The Device may be returned to SORIEL TELECOM within fourteen (30) days of the termination of Service to receive a credit ($100.00 US) (refer to section 4.6 of this document regarding termination fees), provided: (i) you have retained, and return along with the Device, proof of purchase and original packaging; (ii) contents are undamaged and in original condition, reasonable wear and tear excluded; (iii) all parts, accessories, documentation and packaging materials are returned; and (iv) equipment is returned with a valid return authorization number obtained from SORIEL TELECOM’s customer care department. You are responsible for the cost and risk of return shipping of equipment. If you receive cartons and/or Devices that are visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep a copy. In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were received from the carrier and contact SORIEL TELECOM's customer care department immediately. To obtain a return authorization number, you must contact support@sorieltelecom.com or 17873020068. Does not apply to SORIEL TELECOM Business customers.
1.9 Number Transfer on Service Termination
Upon termination of the Service, SORIEL TELECOM may, at its sole discretion, release a telephone number that was ported in from a previous service provider to SORIEL TELECOM by you and used in connection with your Service provisioned by SORIEL TELECOM to your new service provider, if such new service provider is able to accept such number, and provided that (i) your account has been terminated; (ii) your SORIEL TELECOM account is completely current including payment for all charges and termination fees; and (iii) you request the transfer upon terminating your account.
1.10 Service Distinctions
You acknowledge and understand that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by SORIEL TELECOM. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal, State or Provincial telecommunications regulatory agencies.
1.11 Ownership and Risk of Loss
You shall be deemed the owner of the Device, and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned by you pursuant to Section 1.8 and has been received by SORIEL TELECOM.
1.12 No 0+ Calling; May Not Support x11 Calling
SORIEL TELECOM’s Service does not support 0+ calling (including without limitation collect, third party billing or calling card calling). SORIEL TELECOM’s Service may not support 311, 511 and/or other x11 (other than 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.
2. EMERGENCY SERVICES-
911 DIALING
2.1 Non-Availability
of Traditional 911 or E911 Dialing Service
You acknowledge and
understand that the Service does NOT support traditional 911 or E911 access to
emergency services. SORIEL TELECOM does offer a limited 911-type service
in some areas available only on SORIEL TELECOM Devices as described herein, but
you acknowledge and understand that 911-type dialing is NOT automatic, that you
must separately take affirmative steps if
the service is available in your area, as described in this Agreement
and on SORIEL TELECOM’s website, to activate such
911-type dialing capabilities and that such 911-type dialing is different in a
number of important ways (some, but not necessarily all, of which are described
in this Agreement) from traditional 911 service. SORIEL TELECOM 911
dialing cannot be used in conjunction with a SORIEL TELECOM Soft Phone
application and is only available on SORIEL TELECOM-certified Devices or
Equipment. You agree to inform any household residents, guests and other third
persons who may be present at the physical location where you utilize the
Service of the non-availability of traditional 911 or E911 dialing from your SORIEL
TELECOM Service and Device(s). If you activate SORIEL TELECOM 911-type
dialing service, you agree to inform any household residents, guests and other
third persons who may be present at the physical location where you utilize the
Service as to the important differences and limitations of SORIEL TELECOM 911
dialing service as compared with traditional 911 or E911 dialing that are set
forth in this Agreement.
2.2 Description of
911-Type Dialing Capabilities I available in your area - Activation Required
SORIEL TELECOM does
offer a 911-type dialing service in the
2.3 Service Outage
2.3.1 Power Failure or
Disruption
You acknowledge and understand that 911 dialing does not function in the event of a power failure or disruption. Should there be an interruption in the power supply, the Service and 911 dialing will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service or 911 dialing.
2.3.2 Broadband Service / ISP Outage or Termination / Suspension or Termination by SORIEL TELECOM
You acknowledge and understand that service outages or suspension or termination of service by your broadband provider and/or ISP or by SORIEL TELECOM will prevent ALL Service including 911 dialing.
2.3.3 Service Outage Due to Suspension of Your Account
You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including 911dialing.
2.3.4 Other Service Outages
You acknowledge and understand that if there is a service outage for ANY reason; such outage will prevent ALL Service, including 911 dialing. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.
2.3.5 Limitation of
Liability and Indemnification
You acknowledge and
understand that SORIEL TELECOM's liability is limited
for any Service outage and/or inability to dial 911 from your line or to access
emergency service personnel, as set forth in this document. You agree to
defend, indemnify, and hold harmless SORIEL TELECOM, its officers, directors,
employees, affiliates and agents and any other service provider who furnishes
services to Customer in connection with this Agreement or the Service, from any
and all claims, losses, damages, fines, penalties, costs and expenses
(including, without limitation, reasonable attorneys fees) by, or on behalf of,
Customer or any third party or user of Customer's Service relating to the
absence, failure or outage of the Service, including 911 dialing and/or
inability of Customer or any third person or party or user of Customer's
Service to be able to dial 911 or to access emergency service personnel.
2.4 911 Dialing if
available in your area requires Activation
You acknowledge and
understand that 911 dialing does not function unless you have successfully
activated the 911dialing feature by following the instructions from the
"Dial 911" link on your dashboard, and until such later date that
such activation has been confirmed to you through a confirming email. You
acknowledge and understand that you cannot dial 911 from this line unless and
until you have received a confirming email.
2.5 Failure to
Designate the Correct Physical Address When Activating 911 Dialing
Failure to provide the
current and correct physical address and location of your SORIEL TELECOM
equipment by following the instructions from the "Dial 911" link on
your dashboard will result in any 911 communication you may make being routed
to the incorrect local emergency service provider. This must be the
actual physical street address where you are located, not a post office box,
mail drop or similar address.
2.6 Requires
Re-Activation if You Change Your Number or Add or Port New Numbers
You acknowledge and
understand that 911 dialing does not function if you change your phone number
or (for such newly added or ported numbers) if you add or port new numbers to
your account, unless and until you have successfully activated the 911 dialing
feature for your changed, newly added or newly ported number by following the
instructions from the "Dial 911" link on your dashboard, and until
such later date that such activation has been confirmed to you through a
confirming email. Although you may have activated 911 dialing with your
former SORIEL TELECOM phone number, you must separately activate 911 dialing
for any changed or newly added or ported number.
2.7 Requires
Re-Activation if You Move or Change Location
You acknowledge and
understand that 911 dialing does not function properly or at all if you move or
otherwise change the physical location of your SORIEL TELECOM Device to a
different street address, unless and until you have successfully activated the
911 dialing feature following the instructions from the "Dial 911"
link on your dashboard, and until such later date that such activation has been
confirmed to you through a confirming email. 911 dialing must be
re-activated although you may have activated 911 dialing using your former
address, and you must separately activate 911 dialing for any new physical
address. Failure to provide the current and correct physical address and
location of your SORIEL TELECOM equipment will result in any 911 dialing you
may make being routed to the incorrect local emergency service provider
2.8 Possibility of
Network Congestion and/or Reduced Speed for Routing or Answering 911
Due to the technical
constraints on the manner in which it is possible to provide the 911 dialing
feature for SORIEL TELECOM Service at this time, you acknowledge and understand
that there is a greater possibility of network congestion and/or reduced speed
in the routing of a 911 communication made utilizing your SORIEL TELECOM
equipment as compared to traditional 911 dialing over traditional public telephone
networks. You acknowledge and understand that 911 dialing from your SORIEL
TELECOM equipment will be routed to the general telephone number for the local
emergency service provider (which may not be answered outside business hours),
and will not be routed to the 911 dispatcher(s) who are specifically designated
to receive incoming 911 calls at such local provider's facilities when such
calls are routed using traditional 911 dialing. You acknowledge and
understand that there may be a greater possibility that the general telephone
number for the local emergency service provider will produce a busy signal or
will take longer to answer, as compared to those 911 calls routed to the 911
dispatcher(s) who are specifically designated to receive incoming 911 calls
using traditional 911 dialing. You acknowledge and accept that SORIEL
TELECOM relies on third parties for the forwarding of information underlying
such routing, and accordingly SORIEL TELECOM and its third party provider(s)
disclaim any and all liability or responsibility in the event such information
or routing is incorrect. SORIEL TELECOM or its officers or employees, may
not be held liable for any claim, damage, or loss, and you hereby waive any and
all such claims or causes of action, arising from or relating to 911 dialing
unless it is proven that the act or omission proximately causing the claim,
damage, or loss constitutes gross negligence, recklessness, or intentional
misconduct on the part of SORIEL TELECOM.
2.9 Automated Number
Identification
At this time in the
technical development of SORIEL TELECOM 911 dialing, it may or may not be
possible for the Public Safety Answering Point (PSAP) and the local emergency
personnel to identify your phone number when you dial 911. SORIEL TELECOM's system is configured in most instances to send
the automated number identification information; however, one or more telephone
companies, not SORIEL TELECOM, route the traffic to the PSAP and the PSAP
itself must be able to receive the information and pass it along properly, and
PSAP’S are not yet always technically capable of doing so. You
acknowledge and understand that PSAP and emergency personnel may or may not be
able to identify your phone number in order to call you back if the call is
unable to be completed, is dropped or disconnected, or if you are unable to
speak to tell them your phone number and/or if the Service is not operational
for any reason, including without limitation those listed elsewhere in this
Agreement.
2.10 Automated
Location Identification
At this time in the
technical development of SORIEL TELECOM 911 Dialing, it is not possible to
transmit identification of the address that you have listed to the Public
Safety Answering Point (PSAP) and local emergency personnel for your area when
you dial 911. You acknowledge and understand that you will need to state
the nature of your emergency promptly and clearly, including your location, as
PSAP and emergency personnel will NOT have this information. You
acknowledge and understand that PSAP and emergency personnel will not be able
to find your location if the call is unable to be completed, is dropped or
disconnected, if you are unable to speak to tell them your location and/or if
the Service is not operational for any reason, including without limitation
those listed elsewhere in this Agreement.
2.11 Alternative 911
Arrangements
You acknowledge that SORIEL
TELECOM does not offer primary line or lifeline services. You should always
have an alternative means of accessing traditional E911 services.
3. CHANGES TO THIS
AGREEMENT
SORIEL TELECOM may
change the terms and conditions of this Agreement from time to time.
Notices will be considered given and effective on the date posted on to the SORIEL
TELECOM’s website (currently located at http://www.sorieltelecom.com/terms.html).
Such changes will become binding on Customer, on the date posted to the SORIEL
TELECOM website and no further notice by SORIEL TELECOM is required. This
Agreement as posted supersedes all previously agreed to electronic and written
terms of service, including without limitation any terms included with the
packaging of the Device and also supersedes any written terms provided to
Retail Customers in connection with retail distribution, including without
limitation any written terms enclosed within the packaging of the Device.
4. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
4.1 Billing
You must give us a valid Bank Account or credit card when the contract is signed. SORIEL TELECOM reserves the right to stop accepting ACH Bank Account Debit or credit cards from one or more Banks. If you close your account, your billing address changes, or the account is cancelled and replaced you must advise SORIEL TELECOM at once. We will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which SORIEL TELECOM decides to bill in arrears) to your bank account or credit card, including but not limited to: activation fees, monthly Service fees, international usage charges, advanced feature charges, equipment purchases, termination fees, installations of equipment and shipping and handling charges. SORIEL TELECOM reserves the right to bill at more frequent intervals if the amount due at any time exceeds our parameters. Any usage charges will be billed in 30 seconds increments and 30 seconds minimum as otherwise set forth in the rate schedules found on SORIEL TELECOM website.
4.2 Billing Disputes
You must notify SORIEL TELECOM in writing within 7 days after receiving your invoice by email. We don’t sent invoice by regular mail. You can dispute any SORIEL TELECOM charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address:
Customer Care Billing Department
SORIEL TELECOM
or
787-302-0068
4.3 Payment
SORIEL TELECOM accepts payments only by debits to Banks Accounts or credit cards as set forth in Section 4.1. Your signature to this contract authorizes SORIEL TELECOM to charge the Bank Account or credit card number on file with SORIEL TELECOM, including any changed information given SORIEL TELECOM if the Bank Account change or is replaced, or if you substitute a different account, for SORIEL TELECOM charges as set forth in Section.
4.1. This authorization will remain valid until 30 days after SORIEL TELECOM receives your written notice terminating SORIEL TELECOM's authority to charge you’re Bank Account or credit card, where upon SORIEL TELECOM will charge you the termination fee and any other outstanding charges and terminate the Service. SORIEL TELECOM may terminate your Service at any time in its sole discretion, if any charge to your Bank Account or credit card on file with SORIEL TELECOM is declined or reversed, your bank account is closed and you have not provided SORIEL TELECOM with a valid replacement account or in case of any other non-payment of account charges. Termination of Service for declined or closed, reversed charges or non-payment leaves you FULLY LIABLE to SORIEL TELECOM for ALL CHARGES ACCRUED BEFORE TERMINATION and for all costs incurred by SORIEL TELECOM in collecting such amounts, such as (but not limited to) collection costs and attorney's fees.
4.4 Termination/Discontinuance of Service
SORIEL TELECOM reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If SORIEL TELECOM discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will be responsible for charges accrued through the date of termination and to the end of the current term. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of SORIEL TELECOM or of a third party provider to which SORIEL TELECOM is subject), you will be responsible for the year charges to the end of the current term, including without limitation unbilled charges, plus the termination fee set forth in Section 4.6, all of which immediately become due and payable.
4.5 Taxes
You are responsible for, and shall pay, any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you shall provide SORIEL TELECOM with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status. Tax exemption will only apply from and after the date SORIEL TELECOM receives such certificate.
4.6 Termination Fee
Customers have 30 days satisfaction money back guaranty is not satisfied with our services during that period of time. Hardware have an on site guaranty for 30 days after that manufacturer guaranty will apply. After initial 30 days customer will be charged a termination fee of $100.00 USD per voice line upon termination of Service for any reason or for convenience by Customer. The termination fee becomes due and payable immediately upon termination and will billed directly to Customer's credit card. If Customer has multiple lines, Customer will be charged a termination fee of $100.00 USD per line for each line disconnected. To receive a credit for the termination fee, Customer must return the Device(s) undamaged and in original condition within fourteen (14) days of termination as set forth in Section 1.8. SORIEL TELECOM will not credit Customer if the Device(s) is damaged or not in its original condition as received by the Customer or if Customer has otherwise failed to comply fully with the requirements of Section 1.8. In the event Customer disconnects multiple lines, SORIEL TELECOM will issue Customer a credit for all termination fees upon receipt of all Devices (including without limitation Multimedia Terminal Adapters) in accordance with this Section and Section 1.8. Termination Fee does not apply to Business Customers.
4.8 Payphone Charges
If you make use of SORIEL TELECOM’s Toll Free feature any toll free feature that may be offered by SORIEL TELECOM in the future, you acknowledge and agree that SORIEL TELECOM is entitled to recover from you any charges imposed on SORIEL TELECOM by payphone owners or operators, either directly or indirectly through SORIEL TELECOM’s suppliers in connection with toll free calls made to your number, or any charges imposed on SORIEL TELECOM by its suppliers to recover such costs. SORIEL TELECOM may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as SORIEL TELECOM deems appropriate for the recovery of these costs.
4.9 Charges for Directory Calls
SORIEL TELECOM will charge 1.99 cents for each call made to SORIEL TELECOM directory assistance.
5. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION
5.1 Limitation of Liability
SORIEL TELECOM shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
1.) Act or omission of an underlying carrier, service provider, vendor or other third party;
2.) Equipment, network or facility failure;
3.) Equipment, network or facility upgrade or modification;
4.) Force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5.) Equipment, network or facility shortage;
6.) Equipment or facility relocation;
7.) Service, equipment, network or facility failure caused by the loss of power to Customer;
8) Outage of Customer’s ISP or broadband service provider;
9) Act or omission of Customer or any person using the Service or Device provided to Customer;
10) any other cause that is beyond SORIEL TELECOM's control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including without limitation 911 dialing) to be connected or completed, , or degradation of voice quality. SORIEL TELECOM's aggregate liability for (i) any failure or mistake; (ii) any claim with respect to SORIEL TELECOM¿s performance or nonperformance hereunder or (iii) any SORIEL TELECOM act or omission in connection with the subject matter hereof shall in no event exceed Service charges with respect to the affected time period.
5.2 Disclaimer of Damages
IN NO EVENT SHALL SORIEL TELECOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT SORIEL TELECOM WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
5.3 Indemnification
Customer agrees to
defend, indemnify, and hold harmless SORIEL TELECOM, its officers, directors,
employees, affiliates and agents and any other service provider who furnishes
services to Customer in connection with this Agreement or the Service, from any
and all claims, losses, damages, fines, penalties, costs and expenses
(including, without limitation, reasonable attorneys fees) by, or on behalf of,
Customer or any third party or user of Customer's Service, relating to this
Agreement, the Services, including 911dialing, or the Device. This paragraph
shall survive termination of this Agreement.
5.4 No Warranties on Service
SORIEL TELECOM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER¿S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, SORIEL TELECOM DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER SORIEL TELECOM NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO SORIEL TELECOM'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF SORIEL TELECOM'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY SORIEL TELECOM OR SORIEL TELECOM'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
5.5 No Warranties, or Limited Warranties, for Devices
If Customer received the Device new from SORIEL TELECOM and
the Device included a limited warranty at the time of receipt, Customer must
refer to the separate limited warranty document provided with the Device for
information on the limitation and disclaimer of certain warranties.
Remedies for breach of any such warranties will be limited to those expressly
set forth in such documentation. If Customer's Device did not include a
limited warranty from SORIEL TELECOM at the time of receipt, Customer agrees
that it accepts its Device "as is" and that Customer is not entitled
to replacement or refund in the event of any defect, except that for Retail
Customers only, SORIEL TELECOM will provide a limited warranty on the Device as
to manufacturing defects only for a period of one (1) year from the date of
purchase. This Retail Customer limited warranty shall not apply to any
defect or failure other than a manufacturing defect, and, without limiting the
generality of the foregoing, shall not apply to any defect caused by damage in
transit, retailer handling or Retail Customer handling. Retail Customer’s
sole remedy for any breach of this Retail Customer limited warranty is to
obtain a repaired or replacement Device, by following the return procedures set
forth in Section 1.8. Retail Customer must include with the returned
Device a letter stating that the Retail Customer is returning the Device for
warranty repair or replacement and stating the nature of the defect. This
Retail Customer limited warranty shall also apply in lieu of the limited warranty
included with the Device if such included limited warranty is less favorable to
Retail Customer than that contained herein. OTHER THAN WARRANTIES AS TO
THE DEVICE EXPRESSLY SET FORTH IN DOCUMENTATION PROVIDED WITH THE DEVICE AND
THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, SORIEL TELECOM
MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS
ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE,
COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE, DEVICE OR
ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET CUSTOMER¿S
REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR
LIMITATION OF WARRANTY SET
5.6 No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
5.7 Content
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. SORIEL TELECOM reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if SORIEL TELECOM determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with SORIEL TELECOM's ability to provide Services to you or others or receives notice from anyone that your or Users' use or Content may violate any laws or regulations. SORIEL TELECOM's actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold SORIEL TELECOM against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
6. GOVERNING LAW / RESOLUTION OF DISPUTES
6.1 Mandatory Arbitration
Any dispute or claim between Customer and SORIEL TELECOM
arising out of or relating to the Service or Device provided in connection with
this Agreement shall be resolved by arbitration before a single arbitrator
administered by the American Arbitration Association in accordance with its
Commercial Arbitration Rules (or, for Customers subscribing to service in
Canada, a Canadian arbitration organization of SORIEL TELECOM’s
choosing). The arbitration shall take place in
6.2 Governing Law
The Agreement and the relationship between you and SORIEL
TELECOM shall be governed by the laws of the
6.1 You and SORIEL TELECOM agree to submit to the personal
and exclusive jurisdiction of the courts located within the
6.3 Entire Agreement
This Agreement and the rates for Services found on SORIEL TELECOM's website constitute the entire agreement between you and SORIEL TELECOM and govern your use of the Service, superseding any prior agreements between you and SORIEL TELECOM and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon SORIEL TELECOM unless and until posted in accordance with Section 3 hereof.
6.4 Severability
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
7. PRIVACY
SORIEL TELECOM Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. SORIEL TELECOM is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy applicable to you at www.sorieltelecom.com for additional information.
8. Assignment
Customer may not assign this Agreement or its rights and obligations under this Agreement without the prior written consent of the other. Customer agrees that: (a) SORIEL TELECOM, Corp. may assign its rights and obligations hereunder, including but not limited to any purchaser of substantially all of its business; (b) SORIEL TELECOM, Corp. may assign this Agreement to an Affiliate; and (c) SORIEL TELECOM, Corp. may appoint subcontractors and sub licensees to provide all or part of the goods or services hereunder, subject to the other terms of this Agreement. This Agreement shall be binding upon and inure to the benefit of each Party's permitted successors and authorized assigns. In the event that SORIEL TELECOM assigns this agreement to any third party, SORIEL TELECOM, Corp. Shall take all the necessary measures in order for this agreement to be honored.
9. Support
Support will be provided Monday to Friday from 9 AM to 9 PM for normal system issues.
For emergency issues email support will be available 24/7.
Problems on the internal network of the customer are beyond the scope of our support.