Terms of Services
The following terms, conditions and limitations are essential elements of the services provided by NPT Technologies LTD, and constitute the agreement between NPT Technologies LTD (“NPT Technologies,” “we,” “us”) and the undersigned customer (“Customer,” “You,” “user,” “subscriber”). By subscribing to this service, You acknowledge that You have read, understood and agreed to the following terms, conditions, and limitations set forth in this agreement. This Agreement governs the provision of and use of specific services provided by NPT Technologies to The Customer, as described in the service schedule(s) (“Service”) as well as any hardware, equipment or devices provided by NPT Technologies in connection with the Service (“Hardware”). These Terms of Service, outlined in the agreement, may be changed and updated from time to time by NPT Technologies. NPT Technologies will post updated terms of Service on its website (www.NPTTechnologies.com) and may additionally give notice of any changes by letter, monthly bill or otherwise. Your continued use of the relevant Services thereafter will be deemed acceptance by You of such changes. Please keep visiting our web site for the latest Terms of Service. PRIVACY POLICY is consolidated within reference and makes up an important part of the Term and Conditions Service. When you call someone, your caller Id may appear, but you can also block this by dialing *67 before you make calls or you can order per line call block. You can also unblock the caller Id by dialing *68 before making any call. This blocking feature is restricted for toll free numbers. It is restricted by law that no one can interrupt your call but such interruptions may happen. NPT Technologies can supervise or keep the record of calls for customers for training and quality assurance purposes. You can visit our website www.NPTTechnologies.com for the detailed privacy policy. You agree to all of our Terms & Services, Privacy Policy and 911 Terms & Conditions by giving consent to NPT Technologies Representatives while ordering the new services over the phone or placing your own order online.
1 SERVICE
• NPT Technologies may use commercially acceptable efforts to provide the Service to You and reduce the interruptions to your access and use of the service.
• The Terms contained herein apply to all NPT Technologies Services including but not limited to: (i)NPT Technologies offers the services including fixed monthly amount, long distance bundle plans for residential and business. The service applies only from the issued phone number by NPT Technologies and to the specific listed locations by NPT Technologies. (ii)You will pay the fixed cost for the plans you have subscribed. You will pay the regular amount to make calls to the countries that are not included in unlimited plans. (iii)You may use the services offered by NPT Technologies including but not limited to: Hosted PBX, Softphone Hosted PBX, eFax, Business Lines, and more, all by not violating the law. (iv)All NPT Technologies subscriptions are billed monthly and payments are withdrawn automatically via credit card information provided at the time the order is placed.
• You agree that You are the person legally empowered to subscribe the services offered by NPT Technologies. The customer may not use the voice services for other data transmissions such as internet connections or fax without written permission from NPT Technologies.
• Term: The Service is offered on a monthly basis for a term that begins on the earlier of the date You activate Your account online or ten (10) days after the date Your account was created and ends on the day before the same date in the following month. This Agreement will automatically renew on a monthly basis, at NPT Technologies then current rates and terms, without further action by You unless You provide NPT Technologies with written notice of non-renewal not less than ten (10) days prior to the end of the monthly term in which the notice is given. You agree that You are purchasing the Service for full monthly terms, meaning that if You terminate the Service prior to the end of a monthly term, You will be responsible for the full month’s charges to the end of the then-current term, including without limitation unbilled charges, plus a disconnect fee (where applicable), all of which will be immediately due and payable and charged automatically on the provided credit card payment type. Upon expiry of the term or termination of the Service, You remain responsible for paying all unpaid and accrued charges due.
• The customer, You agree that for the fixed fees plans you can only use the services that are included in the plan. But the use of other services will be charged using regular rates by NPT Technologies.
• If you want to transfer your services you agree throughout your service and give implied consent to NPT Technologies to transfer your number to NPT Technologies' carrier partner when needed without any further consent from You. NPT Technologies may transfer your phone number from another carrier to NPT Technologies only when requested by You. NPT Technologies may also transfer your number from NPT Technologies to some other carrier only when requested by You. Local Number Porting (LNP) Our Phone number porting policy works with various third-party providers to port your phone number or toll-free number according to the regulations in U.S.A. and Canada. The third-party providers require accurate and original information when the port is requested. For porting process, the third-party providers may require your invoice(s) from the present service provider to facilitate the port. NPT Technologies may e-mail the requirement to you and you are required to send the requested information. If the customer wants to port a phone number or toll-free number to NPT Technologies from another carrier your phone number must be active with other carrier. The customer may lose the existing phone number if services with the other carrier is cancelled prior to transferring the service to NPT Technologies. As NPT Technologies works with third-party service providers, there may be some telecom numbers that are not associated with third-party providers. NPT Technologies cannot port those numbers that are not associated with third-party providers. In such instances, you may be informed via email or phone. For toll-free numbers we may require the original hand written signature LETTER OF AUTHORIZATION (LOA) and the latest invoice information from your current provider. This applies for business or residential numbers. NPT Technologies will send Your LETTER OF AUTHORIZATION to your current service provide to seek the approval. NPT Technologies may send you an email if your current provider needs any additional information regarding Your LETTER OF AUTHORIZATION. Your services will be ported as soon as NPT Technologies receives the approval. If you want to port your number that is associated with NPT Technologies to another carrier then YOU MUST KEEP YOUR PHONE NUMBER ACTIVE with NPT Technologies otherwise If your services are not deactivated before the confirmation of the ported number then NPT Technologies cannot guarantee to put your phone number on hold for porting. Your new service provider will forward your request to NPT Technologies to port your number out. Then NPT Technologies will verify your account information. We request you to pay all your invoices before you request to port your phone number if you have not already done so. After the verification process NPT Technologies will notify the other provider that your number may be ported.
2 USE OF SERVICE
You, the customer acknowledges that that only You will be responsible for any and all use of services related to Your accounts or Your Telephone Number. You accept that only You are liable for all usage pertaining to your account and that any unapproved use that is billed to Your account or Your phone number(s) is solely your responsibility. You acknowledge that you are solely responsible for deciding who is authorized to use the services associated with your account at your location. If you determine that there has been unauthorized use of your service at your location, You shall notify NPT Technologies immediately of such breach. You acknowledge to indemnify NPT Technologies from any and all responsibility for any and all types of fees, charges, repair, cost, liability, loss, expenditures (including Legal Counsel Fess) related with such uses. To use the services issued by NPT Technologies, You, the subscriber to whom the services are provided will use the services in compliance with the applicable law. You agree that If You or any other person used the services issued to You in any illegal manner or in a manner that violates the services or official law, NPT Technologies may dismiss the services immediately, without notifying you or without any duty towards YOU.
3 SERVICE PROVISIONS
NPT Technologies operates as an independent provider licensed by the CRTC. The employees or workers or operators related with the other related firms are not and will not be assumed to be operators or employees Of NPT Technologies. NPT Technologies is solely determined to provide the service only where it is possible and commercially valid for NPT Technologies. NPT Technologies will have a preliminary inquiry to check If NPT Technologies is available in Your specified location. It is not desired for NPT Technologies to provide the service when;
• You have outstanding payments due.
• If You, the customer will not provide the accurate credit information that is acceptable to NPT Technologies or the feasible deposit, as requested by NPT Technologies from time to time by usage figures and quantity. The amount of deposit you will give to NPT Technologies will be calculated from the date on your official issued receipt. Deposit interest will be calculated from receipt date of deposit, based on the original deposit amount, at simple interest apportioned monthly based on the prime lending rate posted by the Bank of Canada less 2%. NPT Technologies may provide partial services in requested current service areas at a comparatively higher cost than reflected on www.NPTTechnologies.com based on the location of the customers’ residence.
4 SERVICE LIMITATIONS
• You, the user, agree, acknowledge and understand that the Service is not a traditional telephone service. There is some difference in a traditional phone service and the service provided by NPT Technologies that includes but is not limited to lack of traditional 911 services for the 911 services, See 911 services. These services may affect your right of redress before the CRTC.
• You recognize, acknowledge and agree that you will be solely responsible to use the NPT Technologies services outside of the country where SERVICES are available but may not be legal to use. NPT Technologies does not presently offer or support the Service to customers located outside of Canada. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to You. You acknowledge and agree that NPT Technologies is not liable in this regard. Furthermore, NPT Technologies reserves the right, at its sole discretion, to limit or terminate Your ability to access the Service from selected countries.
• Toll Charge Numbers: NPT Technologies Services may not access certain special service phone numbers such as, without limitation, 900- and 976- numbers. NPT Technologies reserves the right to limit Your ability to call any such numbers at its sole discretion.
• Service Interruption/Maintenance: You acknowledge and agree that NPT Technologies is not liable in any regard pertaining to conditions including but not limited to: installing, repairing or replacement of equipment or network or to do the necessary maintenance on the equipment or network or any and all other technical disruptions. NPT Technologies may interrupt your services at any time for any duration of time without notifying you or being held liable to You, the customer. You acknowledge and understand that the Service will not operate in the event of a power failure, or a failure of and internet connection.
• NPT Technologies does not guarantee uninterrupted operation of Service, or of its equipment, facilities, connections or network, or that there will not be delays, errors, defects or failures that occur with the Services.
• NPT Technologies bundles of unlimited calling in Canada do not include or cover areas including but not limited to: YUKON TERRITORY, NORTH WEST TERRITORY and NUNAVUT.
• NPT Technologies bundles of unlimited calling in North America do not include or cover areas including but not limited to: HAWAII, ALASKA, YUKON TERRITORY, NORTH WEST TERRITORIES and NUNAVUT.
5 SERVICE REQUIREMENTS
You, the customer may be responsible to facilitate the following prerequisites prior to obtaining NPT Technologies services. These include but are not limited to:
• Having a high-speed internet connection (not provided by NPT Technologies) via Cable, DSL or Ethernet.
• You may require a Device procured from NPT Technologies to use the NPT Technologies voice services.
• For use of electronic Fax Service, You customer must provide a valid e-mail address for receiving the fax documents. For sending and receiving e-mail, You must have the prerequisites to have access to the desired email service. You may need to pay additional fees with the related email address in special cases. For special Fax calls you may need up to 90 kbps of bandwidth.
• For the ordinary telephone calls, You must have typical bandwidth of 80 kbps.
• For the softphone Device, You must have a supported computer and for the NPT Technologies Mobile Application, the user must have a supported smart phone.
• You may also choose to connect through a Router. The user also assumes all responsibility regarding the suitability of the router, programming of the router, and connection to the Internet and its ability to carry the traffic required for the Service.
6 HARDWARE
• Aside from broken or damaged equipment prior to connecting NPT Technologies Services, NPT Technologies is not responsible for the damage and loss of any hardware. If the customer purchased or leased any hardware or equipment, once the equipment is mailed, delivered or shipped to You, You shall assume all the risk and responsibility to loss or damage of the equipment. Only the customer is responsible for use of all the equipment in connection with the service. You shall not change or allow to be changed any information on the device(s) including but not limited to: any identifier, serial number, mark, tracking number, or stamp, electronic or otherwise of the Hardware or perform a factory reset of the Hardware without NPT Technologies’s prior written permission (“Tampering”). All equipment is locked to NPT Technologies’s network, any attempt to factory reset any hardware or device will not result in a successful factory reset restoring the device to a “like new” condition. In this event if the hardware or devices are tampered with in an effort to: change carriers, theft, resale, etc. the hardware or devices will remain locked to NPT Technologies’s network and deemed stolen. As a result, this activity will be reported to the applicable authorities in the governing body.
• Return or Replacement of Hardware.
1.The expense of returning any hardware (for any reason) to NPT Technologies will be customer’s responsibility. NPT Technologies will not accept or collect packages or pay to have packages picked up. All returned equipment must be returned to NPT Technologies in perfect resalable condition in its original packaging. Equipment returned in less than perfect condition, will be charged for refurbishing.
2.If the customer cancels any NPT Technologies services, only the primary account holder is responsible for all returns of equipment. All the expenses to return the equipment will be at Your expense to the address described by NPT Technologies representative. A Return Authorization number may also be accompanied inside the package with a specified note. NPT Technologies may refund for the desired equipment only if applicable within six weeks from the equipment return date. The date for the returned equipment will be considered the date in which the equipment arrived at the NPT Technologies warehouse and a proof of delivery by signature can be established.
• Unless an Extended Warranty is purchased, all equipment that You receive from NPT Technologies carries a one [1] year manufacturer’s warranty. Extended Warranty coverage commences 30 days after purchase of the warranty. For the replacement of the desired equipment that is supposed to be defective by NPT Technologies, You are responsible at your own expense to return the desired equipment in good condition at the desired address. Replacing Leased Equipment with a “lifetime” warranty follows the same procedure and is the responsibility and expense of the customer upon return as specified by an NPT Technologies representative at a specified address. A Return Authorization number may also be accompanied inside the package with a specified note.
• When NPT Technologies is promoting the desired plan of trial period, and has given the desired hardware to use the services, then only You are responsible to return the trial equipment with the Return Authorization number accompanied inside the package with a specified note within 30 days of the expiration of the Promotional period. The equipment will not be accepted by NPT Technologies after the expiration of the trial period. If the customer cancels the services early, then the applicable cancellation fees will be charged automatically. NPT Technologies reserves the right to return only a partial refund when any or all hardware is not accompanied by any and all major or minor contents or components missing from the originally packaged device.
• The user is responsible to meet all the requirements to use the services offered by NPT Technologies. You may also need to update the versions of certain software to use the services. NPT Technologies reserve the right to change all the requirements. Accordingly, your computer equipment may cease to be adequate to access and use the Service.
• Customers subscribing to the NPT Technologies Hosted PBX service or related services where “Free” hardware is provided, are receiving the “Free” Hardware as a $0 Lease or $0 rental. You, the customer, do not own the equipment. The equipment is owned by NPT Technologies and leased to the customer at $0 monthly. It is the sole responsibility of the customer to return the equipment to NPT Technologies at the customer’s own expense should the customer terminate services. In the event the customer terminates services and doesn’t return the leased hardware, the customer will automatically be charged the MSRP of the leased equipment to the credit card information provided on the account.
7 EQUIPMENT AGREEMENT
In some special cases i.e. where the user is providing his/her own equipment to use the services offered by NPT Technologies:
• You acknowledge that any hardware equipment that is not issued by NPT Technologies may require additional configuration which may results in additional charges. You agree that the hardware equipment attached by you will not be damaged, cause any damage or disruption to NPT Technologies.
• You agree that the equipment not issued by NPT Technologies will not disturb or damage the NPT Technologies services or carriers or create any dangerous threat to the subscribers or the employees, vendors or any persons at NPT Technologies or its partners, vendors, carriers, etc.
• You acknowledge that You will be responsible for all the reprogramming and reconfiguration expenses and that You will be liable for any loss or damages related with the inability to make such changes. You are the only person to be responsible for the reprogramming, reconfiguration of all computers and equipment you associate with NPT Technologies services.
8 COPYRIGHT AGREEMENT
The information on NPT Technologies’s website containing all service information such as software, equipment, material and all the content containing names, logos, copyrights and all other information are entirely the property of NPT Technologies and all such information is upheld by the provincial and federal laws of Ontario and Canada. You acknowledge that:
• You will not contest the ownership of any and all NPT Technologies Property.
• You are not issued any official right to use NPT Technologies’s intellectual property such as software that is required to provide services to the Customer in conjunction with providing the Service, or embedded in the Device, other than a non-transferable, non-assignable, automatically revocable license to use the NPT Technologies Property (without making any modification thereto) provided to the Customer or otherwise made accessible to the Customer strictly in accordance with the terms and conditions of this Agreement.
9 PAYMENTS AND BILLING
• You will be charged Monthly fees according to the specific plan you have subscribed to, automatically from your Credit Card. The monthly charges may include rental charges for the NPT Technologies issued device and if applicable the features charges. The monthly fees will be deducted in advance from your credit card. If the selected plan does not include or excludes all the charges for long distance, fax pages, directory assistance (411) then the additional charges will be applied to your monthly invoice and automatically deducted from your credit card monthly. NPT Technologies may charge You for activation fees, deactivation fees or plan changes fees, hardware purchases and shipping charges automatically to Your credit card, where applicable.
• The user must provide valid credit card information to the company when the service is issued. In the event your payment is not successfully processed (i.e. If your credit card expires or your billing address has changed or your credit card is lost or stolen) then you are responsible to notify NPT Technologies immediately. In such cases if you do not update new credit card information within 3 business days for processing, NPT Technologies reserves the right to downgrade or suspend your service(s).
• NPT Technologies reserves the right to bill at more frequent intervals if the amount due at any time exceeds $100.
• When getting the NPT Technologies services issued through the NPT Technologies website or any other source, You must acknowledge to read and accept NPT Technologies’s agreement by giving your consent over the phone to NPT Technologies Representative or check the check box in front of “I Accept” or the equivalent statement accepting all applicable terms and conditions. When you accept the agreement, it gives NPT Technologies the authorization to charge you every month from the provided credit card information. The information includes the modified credit card information for example for replaced credit cards or updated/renewed credit cards.
• This agreement will remain active up to 30 days after the customer requests cancellation of service and NPT Technologies retains authority to change your credit card automatically on any and all outstanding invoices as applicable. If there are any billing objection, You must notify NPT Technologies in writing within seven (7) days after your monthly bill is issued by NPT Technologies on your web access “My Account” on the NPT Technologies website. Otherwise, any billing disputes challenged after the seven (7) days will be deemed waived.
• If you are not already on autopay, customers are required to pay their monthly account balance in full within thirty (3) business days of invoice date. If there are any accounts carrying a balance at or after this time then the account will be downgraded or suspended and/or cancelled until full payment is received. Suspended accounts will be charged a $35 CAD suspension charge. Reactivation of suspended NPT Technologies accounts will be charged a $35 CAD reactivation fee.
• For long distance call charges, the rates will be the same as specified on the NPT Technologies official website. The rates on the websites are subject to change from time to time at NPT Technologies’s sole discretion and will be posted on www.NPTTechnologies.com. At present there are no charges between NPT Technologies users; however, charges can be imposed at the sole discretion of NPT Technologies and will be posted on the NPT Technologies website. Call times for each call are rounded up and billed in six (6) second increments. For all calls for which we receive answer supervision and last for at least six (6) seconds, as explained below, shall incur a minimum thirty (30) second charge. NPT Technologies relies on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and inter-exchange switching equipment. Where no answer supervision is received, we will commence billing forty (40) seconds following dial time unless the caller has terminated the call.
• The user registered is applicable for all the applicable Harmonized Sales Tax (HST), federal (GST) and provincial tax (PST). The charges may apply the additional telecommunication or other taxes, fees or charges now enforced or expected to be enforced in the future that arise from the registration or use or payment for additional services or rental fees or purchases of NPT Technologies devices. The amount will be billed to the user’s account.
• You are required to pay the monthly account balance in full within thirty (7) days of invoice date. Accounts carrying a balance at or after this time will downgraded or suspended and/or cancelled until full payment is received. For the suspension and reactivation of accounts will be charged a $35 CAD suspension/reactivation charge.
• You acknowledge that You are the person responsible for all the use of services issued to You by NPT Technologies including all the calls made from the issued telephone or the authorized codes to make calls containing all the charges (these charges can be modified from time to time without notifying the Customer) and for all the services used by your account will be charged to your account automatically via the credit card information provided by you on autopay. NPT Technologies reserves the right to charge a $50 administration fee for all accounts remitted to collection. NSF and all refused payments shall incur a $25 administrative fee per occurrence and all the credit card charge-backs will incur a $50 administration fee. The interest of 2% per month interest (24% Annum) will be applied to the overall outstanding balance until such time that the balance is cleared when the account is placed with the collection agency. As billing software has limitations any reference to Tax 1 or T1 outside of Ontario, Canada, is in fact an additional service charge and not a government tax but In Ontario its provincial tax. In North America long distance rates and toll-free numbers will be also charged. For the hardware equipment to use the services authorized by NPT Technologies You will be charged separately. These include but are not limited to: modems, VoIP telephone adapters, routers, and conference devices, etc. that are reasonably required to provide You with the Services. All the rates are specific to the NPT Technologies official website (and all rates are subject to change), in some overseas destination call rates are billed at a higher rate.
10 911 EMERGENCY
Express Consent Required. 911 emergency service over a VoIP telephone (Broadband Internet) has certain limitations compared to Enhanced 911 services available on most traditional telephones. You must provide express agreement and consent to the conditions and limitations of NPT Technologies’s 911 service. It is very important for the customer to understand the NPT Technologies 911 service. The service is somewhat different from the traditional 911 service. NPT Technologies’s 911 Service offers you reliable means of reaching help in times of emergency. It is important that you understand how it works, how it differs from traditional phone service and what you must do to ensure that it works smoothly when you need it. It is critical for you to inform all other potential users of your NPT Technologies services and of the differences and limitations of its 911 service. NPT Technologies offers a form of 9-1-1 service (9-1-1 Dialing) that is not exactly identical to traditional 9-1-1 (911) service because there are some critical differences, restrictions and limitations when compared with enhanced 9-1-1 service (E911) available in most locations in conjunction with traditional telephone service. The service works similarly when you make a call in an emergency situation. Both traditional 9-1-1 and E911 service will send your call directly to the nearest emergency response center. In addition, with E911 service, your call back number and address are visible to the emergency response center call-taker. Instead with NPT Technologies’s 9-1-1 service, your call is sent to a national emergency call center. In a national emergency call center, an operator will pick up your call and will confirm your location information and then transfer your 9-1-1 call to the emergency response center nearest to your location. You should be prepared to confirm your address and call-back number with the operator. Call 911 and state the emergency in a clear, calm and discernible voice. The emergency dispatcher will ask you to confirm your current location. When confirming your address, mention any distinguishing landmarks that may help the emergency services personnel locate you quickly. Do not hang up until told to do so by the emergency services personnel. If you get disconnected, call back immediately. Your 9-1-1 Dialing service is activated when you subscribe to NPT Technologies service. You should ensure your location information that you provided when you registered with NPT Technologies is kept current at all times. In case you are not able to speak during the 911 call, the call taker will dispatch emergency response vehicles to your last registered address. You do not need to test your 911 calling service. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 Dialing over traditional public telephone networks. As a result it is critical for you to update your current address in the 9-1-1 Database. If you move your device to a different location, travel in Canada with your adapter, and/or if you add a new line to your account on your web account, the national emergency response center does not receive your phone number or physical location information when you place a 9-1-1 call. You can update your 9-1-1 Dialing address information from our website www.NPT Technologies.com. The link is at the bottom of the page under “Update your address”. Remember that the 911 Dialing service will not function in the event of a power or broadband outage or if your broadband, ISP, or mobile network where you are using a mobile application, is suspended or disconnected. You must maintain your broadband connection in order to use the Service, or, for certain mobile applications, a WIFI or other data connection (3G/4G/LTE/5G) which we do not provide. Some of our Services may be used with devices such as wireless telephones, mobile telephones, smartphones, PDA’s or other Android or Apple tablets or devices which we may or may not provide. Following a power failure or disruption, you may need to reset or reconfigure your Box or Extension prior to utilizing the service, including 911 Dialing. You should inform other colleagues, residents, guests, companions and other persons who may be present at the physical location where you utilize the NPT Technologies service, of the important differences and limitations of VoIP 9-1-1 Dialing service compared with E911 service, as set out above. VoIP services allow you to make or receive telephone calls over the Internet to or from the public switched telephone network. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services. 9-1-1 service: Because of the unique nature of VoIP telephone calls, emergency calls to 9-1-1 through your VoIP service will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 9-1-1 emergency calls, and you hereby acknowledge and understand the differences between traditional 9-1-1 service and VoIP calls with respect to 9-1-1 calls placed to emergency services from your account as described below. Placing 9-1-1 calls: When you make a 9-1-1 emergency call, the VoIP service will attempt to automatically route your 9-1-1 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to your address of record on your account. However, due to the limitations of the VoIP telephone services, your 9-1-1 call may be routed to a different location than that which would be used for traditional 9-1-1 dialling. For example, your call may be forwarded to a third-party specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 9-1-1 call which has automatically generated your address information, and consequently, you may be required to provide your name, address, and telephone number to the call centre. How your information is provided: The VoIP service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with your account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 9-1-1 emergency call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date. Correctness of information: You are responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) with your account. If you do not correctly identify the actual location where you are located, or if your account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site. Disconnections: You must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately. Connection time: For technical reasons, including network congestion, it is possible that a 9-1-1 emergency call will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls. 9-1-1 calls may not function: For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to: Failure of service or your service access device - if your system access equipment fails or is not configured correctly, or if your VoIP service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues, network or Internet congestion, or network or Internet outage in the event of a power, network or Internet outage; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 9-1-1 emergency calls; and changing locations - if you move your system access equipment to a location other than that described in your account information or otherwise on record with (company name). Alternate services: If you are not comfortable with the limitations of 9-1-1 emergency calls, NPT Technologies LTD recommends that you terminate the VoIP services or consider an alternate means for accessing traditional 9-1-1 emergency services. Inform other users: You are responsible for notifying, and you agree to notify, any user or potential users of your VoIP services of the nature and limitations of 9-1-1 emergency calls on the VoIP services as described herein. Liability: Customers are advised to review this section with respect to NPT Technologies LTD’s limitations of liability.
11 IDENTITY PROTECTION AND CREDIT INFORMATION
NPT Technologies respects customers’ personal information. The disclosure may be obtained by written consent by the authorized user, oral confirmation by an independent authorized third party or where an audio recording of the consent for disclosure is recorded by NPT Technologies, electronic confirmation via internet or toll-free number, and other means where the documented record of the consent is created by the customer or an authorized third party. Our privacy policy declares that our commitment to maintain customer privacy and security is of paramount importance. All information other than the name of the user, the telephone number and the address are considered to be confidential. (Name, Telephone Number and Address, may be required information from third-party partners, carriers and vendors when using the NPT Technologies service) NPT Technologies may reveal your personal confidential information when:
• You, the customer, require the information.
• NPT Technologies’s privacy policy is valid until the customer individually gives the consent or it is required by any legal official. A lawful has reason to believe the customer has provided the inaccurate information intentionally.
• A public authority or agent of a public authority if, in our reasonable judgment, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information.
• A carrier requires the information for the cost-effective provision of telephone service or the company provides you the ease of telephone or directory associated information and the disclosure is made on a confidential basis and strictly the information provided is used for the sole purpose.
• An official person legally authorized by NPT Technologies to perform administrative functions, to evaluate Your creditworthiness strictly provided that the information is used for the sole purpose.
• A LAW ENFORCEMENT AGENCY WHEN NPT Technologies has reasonable evidence to believe that You are involved in illegal activities.
12 TERMINATION OF SERVICES
Termination by NPT Technologies: NPT Technologies reserves the right to terminate your Service without any liability whatsoever If you fail to pay Your account that is past due and failure to meet the credit requirements such as become bankrupt or to stop the commission of any offence (including fraud) and court order or other legal requirement or where NPT Technologies reasonably believes that extreme circumstances exist. If you violate these Terms of Service OR the law, public policy such as where immediate action must be taken to protect NPT Technologies’s facilities, equipment, network or connections or harassing, threatening or otherwise act unreasonably towards NPT Technologies, its employees or agents and decency standards (including but not limited to regulatory pronouncements on issues such as Automatic Dialing-Announcing Devices and unsolicited live voice and fax calls), or any usage policies instituted from time to time by NPT Technologies. NPT Technologies may also terminate the services If You violate the FAIR USAGE POLICY or while using NPT Technologies services if You alter or otherwise interfere with NPT Technologies’s facilities, equipment, network or connections or use the Services in a prohibited, unlawful, or improper manner, including but not limited to, committing fraud. Termination can also occur where NPT Technologies has made reasonable efforts to provide You with advance notice in accordance with the second paragraph above, but was unable to do so. NPT Technologies will notify the customer of dial-around where the charges exceed $125 in a four-week period. NPT Technologies reserves the right to terminate your Service without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. You will be responsible for the full month’s charges until the end of the current term, including without limitation unbilled charges, plus a disconnection fee, if applicable. In the event of a suspension or termination of the Service, all features and other services, will also be suspended or terminated. You acknowledge and agree that a suspension or termination without notice will not affect Your obligation to pay fees owed by You to NPT Technologies up to the date of termination or suspension, including the full month’s charges for the month in which Your Service is suspended or terminated. In the event of a suspension or termination of the Service, all features and other services, will also be suspended or terminated. For the termination of late payment or other applicable reason where NPT Technologies may allow you to reconnect your service, a reconnection charge may be applied for reconnecting the Service. Following a suspension or termination of Service, NPT Technologies cannot guarantee the availability or resumption of any previous numbers, codes or other identifiers that may have been applicable to You. You can reference the LNP section for details on number porting. After termination of your services, You acknowledge and understand that You are required to return the equipment issued to you by NPT Technologies to at Your own expense. All of the NPT Technologies Property must be returned in its original, operational condition. Termination of Services by Customer: You may terminate Your Service with NPT Technologies at any time by requesting a cancellation of Service form or by contacting NPT Technologies’s Customer Service. There will be no refund on your current monthly charge and all usage fees will be charged to your credit card account as well as a disconnect fee if applicable. You acknowledge and agree that You will continue to be responsible for all applicable charges up to and including the effective date of termination, and that for certain Services, there may be a transition period before You are moved to another provider and will therefore continue to be liable for any NPT Technologies charges incurred during such period. For the details of your number porting when You are transferring to another carrier You can see the LNP section of Terms of Service. You shall pay all applicable recurring and non-recurring charges, usage charges, fees and taxes. NPT Technologies will provide an invoice containing all the charges and expenses owed to NPT Technologies. You shall make payments against invoices in full within thirty (7) days of the date of the invoice. If You dispute any such charges, fees or taxes reported within an invoice, you shall notify NPT Technologies in writing within seven (7) days of receiving that invoice or it shall be deemed that The Customer has waived any right to contest such charges. In the meantime, your dues will be charged interest of two percent (2%) per month late payment charge (or 26.8% per annum on a compounded basis) which shall be due and payable upon receipt of such late payment charges included on a subsequent invoice. NPT Technologies may also correct the errors in billing for the applicable time if applicable.
13 WARRANTY
NPT Technologies and its authorized personnel such as directors, employees and agents provide the Service and make no warranties of any kind, express or implied, including any implied warranties of capability for a particular purpose of the Service or the Device, warrant that the Service will operate error-free or without failure, delay, interruption, degradation of voice quality or loss of content, data or information. NPT Technologies.com does not warrant that the services, software or the hardware issued by NPT Technologies will behave in a particular way such as the particular bandwidth or speed. Neither NPT Technologies nor its officers, employees, parent company, subsidiaries, directors, shareholders, affiliates, licensors, agents, partners, suppliers, content provider, or any other service provider or vendor in connection with this Agreement or the Service will be liable for unauthorized access to NPT Technologies or Customer transmission facilities or hardware or for unauthorized access to, or changes to the 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 NPT Technologies or its service provider’s or vendors’ negligence. Statements and descriptions concerning the Service or Device, if any, by NPT Technologies or NPT Technologies’s agents or installers are informational and are not given as a warranty or representation of any kind. NPT Technologies and officers, employees, parent company, subsidiaries, directors, shareholders, affiliates, licensors, agents, partners, suppliers, content provider or any other service provider or vendor shall not be responsible of any loss of data or changes in your hardware. NPT Technologies shall not be liable for the cases including but not limited to the implied warranties of merchantability and capability for a particular purpose, accuracy, title, or durability of any equipment or software. You, the customer, understand and acknowledge and agree that the use of services and equipment is at your sole discretion. No action against NPT Technologies may be commenced more than one (1) year after the event giving rise to such claim. The provisions of this section shall survive termination of these Terms of Service. Without limiting the generalization of the preceding, NPT Technologies is not liable to You or other persons for damages resulting from any act or omission of any third party for the operation or failure of Your equipment or facilities. This is beyond the control of NPT Technologies including acts of God, inclement weather including but not limited to lightning, labour disputes, riots or civil disputes, war or armed conflict or NPT Technologies’s failure, for any reason, to activate or have readily available Service on the activation date requested, Service interruptions, delays in communications, errors or defects in transmissions, or failures or defects in NPT Technologies Services or facilities, any claims or damages relating to home networking or the use of a NPT Technologies supplied Service Modem, even if the home networking or Service Modem is provided, installed, maintained or supported by NPT Technologies. You acknowledge and understand that when using home networking or a Service Modem, there are certain inherent risks (e.g., other users may gain access to Your system or Your Services and accounts). NPT Technologies is not liable for any law, decision or regulation, or order of any court of competent jurisdiction. The remedies expressly set forth in this agreement are at your sole discretion. You may have additional rights under certain laws (consumer law, if purchasing a consumer product if applicable), which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, our exclusion or limitation may not apply to you. NPT Technologies may also purse any and all legal and equitable claims against you pertaining to your use or misuse of the service, the software or the equipment or for your breach of the agreement. (Including policy related to the services).
14 GENERAL PROVISIONS
• Regulatory compliance: NPT Technologies reserves the right to update Terms and Conditions as required as well as amounts charged under this Agreement with the customer from time to time in order to ensure regulatory compliance. NPT Technologies will provide sufficient notice and make the changes available online at www.NPTTechnologies.com, or as otherwise may be required by applicable law. In consideration of applicable laws, such modifications will bind you on the date they are updated on our website. There is no requirement of further notice by us upon your continued use of the Service. You agree that any such modifications or amendments made for regulatory compliance purposes will be legally binding upon the parties and immediately form part of the Agreement when posted on the official website www.NPTTechnologies.com. If this Agreement is amended and you do not wish to accept the amendment, you may terminate the Agreement as provided in Section 12.
• Indemnification: You agree to defend, indemnify and hold harmless against NPT Technologies and its employees, officers, directors from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from:
1. Any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service).
2. Negligence in acts, errors, or omissions by you (or any parties authorized or not authorized by you to use your account, to access the Service).
3. Injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party.
4. If there are any claims for breach of any intellectual property rights arising from NPT Technologies’s use of the Service, the Software, the Equipment or the Internet.
• You, the user, agree to notify NPT Technologies immediately, in the event your information is stolen (i.e. password, credit card number, etc.) by calling the NPT Technologies emergency support number. Failure to notify NPT Technologies in a timely manner may result in termination of your NPT Technologies services and may result for you to pay additional charges for negligence and security breach. The security of your card numbers, pins, passwords and other sensitive information should be taken seriously. NPT Technologies does assume any liability and you agree to indemnify NPT Technologies and its employees, officers, carriers, subsidiaries, etc. of any such breach.
• Amendments: Contract and prices for the services noted in the service schedule(s) are subject to change upon thirty (30) days written notice (via letter, bill insert or email) when Service is purchased on a month to month basis, or following the end of the Agreement’s initial term.
• Severability: If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
• Assignment: You may not assign, lease, resell or transfer the Services to a third party without the prior written consent of NPT Technologies. This Agreement and the rights and obligations hereunder may not be assigned in whole or in part by You without the prior written consent of NPT Technologies unless the assignment is pursuant to the sale of all or substantially all of the assets or shares of You in which case You shall provide NPT Technologies ten (10) days written, acknowledged, notice of such assignment In the event when You assign, lease, resell or transfer Services to a third party assignment by NPT Technologies, and transfer of personal information, to an affiliate of NPT Technologies or in any change of control transaction of NPT Technologies without the prior written consent of NPT Technologies. NPT Technologies reserves the right to terminate the Services and the use of the Service, without any liability to You whatsoever. NPT Technologies may assign all or any of its rights or obligations under this Agreement to an affiliate or to a successor in interest of NPT Technologies or as part of a corporate reorganization, fusion, blending, consolidation or merger; without obtaining the customer’s prior written consent. This Agreement shall tenure to and be binding upon the parties and their respective successors and assignees.
• No Waiver: In a condition when NPT Technologies may not be able to or fail to accomplish any right or provision of this Agreement, it will not constitute a waiver of such right or provision.
• No Third-Party Beneficiaries: No provision of this Agreement provides any person or entity, a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third-party beneficiary rights.
• Governing Law: The Agreement and the relationship between you and NPT Technologies hereunder shall be governed by, and construed in accordance with the laws of the province of Ontario, and the federal laws of Canada applicable in such province therein without regard to its conflict of law provisions. Each of the parties hereto agrees that the Courts of Ontario shall have exclusive jurisdiction to entertain any action or other legal proceedings based on any provisions of these Terms. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement alleged by the Customer must be filed by the Customer (or the Customer’s attorneys) within one (1) year after such claim or cause of action arose or the Customer shall automatically forfeit any right to such claim or cause of action.
• Privacy: NPT Technologies Service utilizes, in whole or in part, the public Internet and third-party networks to transmit voice and other communications. You acknowledge and agree that NPT Technologies is not liable for any lack of privacy, which may result by the use of the Service. You ACKNOWLEDGE and AGREE to the personal information obtained in connection with this Agreement. Furthermore, you ACKNOWLEDGE and AGREE that you have provided all required consent to the collection, use and disclosure by NPT Technologies to provide Service and other products to The Customer, administration of this Agreement, collecting past dues and unpaid debts and as otherwise needed or permitted by law or this Agreement. For the purposes of this section, “personal information” does not include personal information that is publicly available. NPT Technologies only collects, uses and discloses the confidential, personal information of its customers in accordance with its privacy policy at the time of collection, located on our website www.NPTTechnologies.com
• Force Majeure: Due to any condition including but not limited to: strike, lockouts, labour troubles, government or judicial actions or orders, riots, insurrections, war, acts of God, inclement weather or other reason beyond control, NPT Technologies is lagged, prevented access from its facilities or otherwise as required, for any type of reason that is not in the control of NPT Technologies and the user does not have access to the service will be considered as the period of “Disruption”. Other than with respect to payment, Your obligation and NPT Technologies’s obligations pursuant to these Terms of Service will be suspended, pending resolution of any cause, event or proceeding reasonably outside of their control, provided You or NPT Technologies, as the case may be, pursue remediation of such impediment to the maximum extent possible with reasonable dispatch and effort.
• Authority: The persons executing this Agreement represents that they have the full power and authority to enter into this Agreement on behalf of the party that they represent.
• Jurisdiction: These Terms of Service and any related agreements will be governed in all respects by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein.