Terms and Conditions of Service
1. Acceptable Use: Service is provided to Customer as a “normal” business user. Customer agrees this order does not confer the right to use the Service for auto-dialing, continuous or extensive call forwarding, inbound or outbound telemarketing, or fax broadcasting. Helia Voice reserves the right to terminate Service with ten (10) days notice or to invoice Customer at the applicable per minute rate for all inbound or outbound calls in excess of 5,000 minutes per month per extension or DID if Helia Voice determines, in its sole discretion, that the Service is being used for any of these purposes.
2. Order and Invoicing of Service: The start date for billing is the date on which the customer orders Helia Voice service. Usage charges and any equipment and other non-recurring charges, such as installation charges are billed in arrears. Fixed monthly recurring charges are billed in advance. Any applicable taxes and surcharges will be included on each invoice. Customer will be invoiced every calendar month, and will pay within fifteen (15) days of invoice date.
3. Installation and Initial Troubleshooting of Service: If Customer wishes Helia Voice personnel to assist with and/or monitor installation of Service, this must be scheduled at least seventy-two (72) hours in advance. If Helia Voice personnel are enlisted to help debug, configure or otherwise assist Customer with the setup or functioning of any hardware, network and/or software other than Helia Voice Service applications beyond one hour, Customer agrees to pay Helia Voice at the rate of $125 per hour for such assistance, billed to the nearest half hour.
4. Ongoing Support of Service: Standard response time for trouble support requests is six (6) hours during weekdays from 8AM to 8PM, US Central time, and ten (10) hours during other times. Standard response time for adding, disconnecting or reconfiguring services is twenty-four (24) hours during weekdays and forty-eight (48) hours during weekends. Helia Voice will use best efforts to shorten response times in the event of an outage or serious service disruption caused by fault in Helia Voice services, but cannot guarantee to do so. If Helia Voice personnel are enlisted to help debug, configure or otherwise assist Customer with the setup or functioning of any hardware, network and/or software other than Helia Voice Service applications, Customer agrees to pay Helia Voice at the rate of $125 per hour for such assistance, billed to the nearest half hour.5. Customer Obligations: A late payment charge of 1.5% per month, if allowed by law, may be assessed on amounts not paid in a timely manner. Helia Voice reserves the right to interrupt service to customer for non-payment of fees, charges, or taxes after giving one (1) day faxed or emailed notice of said non-payment. Customer shall provide Helia Voice notice of any disputed charges in writing within sixty (60) days after the bill for such charge is rendered. Customer remains financially responsible for all charges incurred until such time as Customer’s Service has been disconnected from Helia Voice network, which will occur only after written notification of the removal request from Customer has been received by Helia Voice. Customer holds Helia Voice harmless and assumes full responsibility for any and all calls, authorized or unauthorized, that are placed or received via customer’s telecommunications system. Customer agrees that all calls made to any toll-free number(s) assigned to customer are the responsibility of the customer. No credits will be issued for wrong numbers dialed.
6. Helia Voice Service Level Agreement (SLA): Helia Voice goal is to make the Services available to Customer at least 99.9% of the time. Customer will receive a credit for Outages totaling over 60 minutes per month. An Outage is defined as an instance in which substantially all Customer locations or end-users are unable to use the Services when such an Outage is: a) for more than 15 consecutive minutes, excluding outages relating to Helia Voice scheduled maintenance and upgrades; and b) is due to the Services substantially not functioning as designed, and not due to some other problem that is not Helia Voice responsibility, as defined herein. Upon Customer’s request, Helia Voice will issue a credit to Customer for Outages occurring during any calendar month that are reported by Customer to Helia Voice and confirmed by XCast. Cumulative Outages of more than 60 minutes in any calendar month will be credited by one-thirtieth (1/30) worth of the monthly subscriber fees and usage billed to Customer in the previous calendar month, multiplied by each hour (or portion thereof rounded up to the nearest tenth (1/10) hour) of the cumulative duration of such Outages. For example, if during October cumulative Outages totaled 2 hours and for the month of September Customer was billed $1,000 in Fees + Usage, Customer would receive a credit of 2 x 1/30 x $1,000 = $66.67.
The following are exceptions to this SLA, which will prevent Customer from receiving credits in connection with an Outage:
- Circumstances beyond Helia Voice reasonable control, including, without limitation, acts of any governmental body, war, insurrection, terrorist attack, sabotage, embargo, fire, flood, strike or other labor disturbance;
- Scheduled maintenance or upgrade;
- Internet DNS issues or major, wide-ranging Internet impairment outside of the direct control of XCast;
- Customer’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of the Helia Voice Network or Helia Voice services in breach of Helia Voice Terms and Conditions, whether such acts are performed by Customer or others authorized or permitted by Customer;
- Customer equipment or network problems.
Notwithstanding anything in this SLA, the total amount credited to a Customer in connection with Outages in any month will not exceed the total Fees and Usage paid by Customer during that month. Each valid credit will be applied to a Customer invoice within two (2) billing cycles.7. 911 Emergency Calling Service: Customer understands 911 Dialing is NOT automatic with VoIP service and that it must keep its 911 Address (es) accurate in order for Emergency Personnel to know where customer locations are. To change an existing 911 address or add a new one, contact Customer Service and confirm with them that the change/add has been done. If the new 911 Dialing Address is not confirmed, Emergency Personnel may not be able to send assistance to the proper address promptly. VoIP service, including 911 Dialing, will not work if there is no electrical power or there is no Internet access. NOTE: 911 can always be called from a traditional landline phone or from a cell (mobile) phone.
8. International Service: Customer understands that he/she has activated telephone lines that may be capable of international calling. Customer understands that in the event that any services and/or customer equipment is tampered with, compromised or lost/stolen, customer agrees to take full responsibility and pay for any and all calls made from Customer’s equipment using the Helia Voice network, including international calls, whether authorized or not until such time as Helia Voice is notified of the situation or requested to deactivate the international calling feature on such lines using Helia Voice service. It is customer’s sole responsibility to notify Helia Voice of any and all changes in status on lines and/or travel cards. Customer agrees to keep strict security over long distance lines using Helia Voice services and understands any fraudulent use shall be Customer’s sole responsibility.
9. Limitations of Liability: Customer acknowledges that Helia Voice shall not be liable for any consequential, indirect, special, incidental or other damages whatsoever arising from any failures, interruptions, delays, errors or deficiencies of services, facilities or equipment provided by Helia Voice pursuant to this Service Order. The liability of Helia Voice for any interruptions, delays, errors or defects in transmission, equipment or services shall be limited to an amount equivalent to the charges assessed by Helia Voice for the period of service during which such problems and/or outages occurred.
10. Fee and Rate Stability: During the period of this Agreement, Helia Voice guarantees that all listed Fees will remain unchanged with the exception of Fees for phone numbers outside of the U.S. and Canada. In addition, Helia Voice guarantees that all per-minute and per-call rates will remain the same for calls terminating or originating to the U.S. and/or Canada, but reserves the right to change rates for calls terminating or originating outside the U.S. and/or Canada on thirty (30) days notice to Customer.
11. Term of Agreement: This Service Agreement shall continue for a period of months from the date of commencement. At the end of the initial term, the Agreement shall continue on a month-to-month basis unless terminated by either Party with thirty (30) day written or emailed notice to the other Party.12. Revenue Commitment: This Service Agreement is based on a minimum Revenue Commitment of $0.00 per month. Customer agrees to pay Helia Voice the greater of their actual charges or the minimum Revenue Commitment each month.
13. Suspension or Termination: Customer may terminate this Agreement without liability for a termination penalty if Helia Voice network quality does not meet industry standards, provided that all of the following conditions are met: (a) Helia Voice failure to meet industry standards must be attributable to facilities or causes within Helia Voice reasonable control; (b) Helia Voice is unable to resolve the problem within one (1) week after receipt of notice of problem in writing, and (c) Customer’s account balance must be current. If Customer terminates the Agreement for any other reason prior to the expiration of the then current term, Customer understands and agrees that it will be liable to Helia Voice for a termination penalty equal to the monthly revenue commitment multiplied by the number of pro-rated months remaining on the unexpired term and agrees to pay such sum immediately on demand.
This Service Agreement shall be governed, construed and interpreted according to the laws of Alberta. Customer consents to the jurisdiction of the courts in Alberta to adjudicate any claim or action based on this Agreement and expressly waives any right to commence or defend such claim or action in any other jurisdiction.