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Terms and Conditions

NetEx Acceptable Use Policy (“AUP”)

NetEx has formulated this Acceptable Use Policy (“AUP”) to ensure the responsible, equitable, and judicious use of its networks, services, systems, websites, and products (collectively referred to as the “NetEx Products and Services”) by our customers and other users (collectively, “Users”). This policy is designed to facilitate reliable, secure, and efficient services while fostering a commitment to compliance. By subscribing to or utilizing NetEx Products and Services, users, in addition to any other agreements entered with NetEx, hereby agree to adhere to the terms outlined in this AUP. NetEx reserves the right to revise this AUP at any time and at its sole discretion, as stipulated in the relevant NetEx terms of service (“Service Terms”). Continued use of NetEx Products and Services post-modification constitutes acceptance of the revised AUP.

Termination/Suspension

Any User found by NetEx Business to have contravened this AUP may face service suspension or termination, with or without prior notice. NetEx Business retains the right, but not the obligation, to take additional action it deems appropriate to address repeated violations, with no liability for damages incurred by the User or any third party.

Prohibited Conduct

Users must utilize NetEx Products and Services exclusively for lawful purposes and in a manner consistent with their intended use. Prohibited activities include, but are not limited to, engaging in illegal, improper, or inappropriate actions; actions that may expose NetEx to criminal liability; actions that may harm NetEx Products and Services, other Users, or NetEx customers; and engaging in threatening, abusive, harassing, defamatory, libelous, deceptive, or privacy-invading behavior. Users are also barred from facilitating AUP violations and must comply with the rules and policies of other providers or networks when accessing them through NetEx Products and Services.

Removing or Blocking Communication

NetEx reserves the right to remove or block communications, including calls to specific countries, at its discretion if a violation of this AUP is suspected. This action may be taken to safeguard NetEx Products and Services, NetEx’s network, employees, customers, or third parties from harm, fraud, or as required by applicable law. Advanced notice is not guaranteed for such actions unless a written waiver of liability by the Customer is obtained.

Inappropriate Content

Users are prohibited from using NetEx Products and Services to distribute, record, transmit, post, receive, use, or store material deemed inappropriate by NetEx. This includes, but is not limited to, obscene, defamatory, libelous, threatening, abusive, hateful, or excessively violent content.

Harmful Content

The distribution, recording, transmission, posting, receipt, use, or storage of material that may be harmful to NetEx Products and Services or any third party’s systems, networks, websites, or services is strictly prohibited. This includes, but is not limited to, the dissemination of worms, viruses, or Trojan horses.

Fraudulent or Misleading Content

Users must refrain from distributing material containing fraudulent offers, deceptive advertising, or promotional materials with false or misleading statements. Submitting false or inaccurate data, including credit card fraud, is expressly prohibited.

Unsolicited Messages (Email & Text Messages)

Users are not permitted to use NetEx Products and Services for the transmission of unsolicited email or text messages (spam). This includes sending excessive or harassing messages, continuing to message recipients who have opted out, using forged TCP/IP headers, sending malicious messages, or violating other providers’ policies.

Intellectual Property

Users must respect the intellectual property rights of others, including copyrights, patents, trade secrets, trademarks, or other proprietary information. NetEx Products and Services must not be used in a manner that violates such rights.

Third Party Rules

Users accessing search engines, chat rooms, bulletin boards, web pages, or other services through NetEx Products and Services must adhere to the rules, guidelines, or agreements of those services.

Inappropriate Actions

Users are prohibited from engaging in activities that may harm or interfere with NetEx Products and Services, third-party networks, systems, services, or websites. Reverse engineering of NetEx Products or Services, as well as any form of probing, scanning, or testing that may lead to security violations, is strictly prohibited and may result in civil or criminal liability.

Responsibility for Content

NetEx assumes no responsibility for user-generated content on its Products and Services but reserves the right to monitor and exercise editorial control over such material if necessary. In instances where material may violate this AUP or pose legal risks, NetEx reserves the right to block access and suspend or terminate the responsible User’s account, cooperating with legal authorities as needed.

Fair and Reasonable Use

NetEx urges Users to comprehend the intended and permissible uses of its Products and Services, discouraging fraud, exploitation, and abuse of specific calling plans and features. Business service plans are intended for normal, reasonable use consistent with typical customer usage. Excessive or unauthorized use beyond typical patterns may result in suspension or termination of services.

Evaluation of Usage

NetEx evaluates customer usage against typical levels to identify potential abuses. Impermissible uses include outbound domestic long-distance calling exceeding 3,000 minutes per subscriber line per month, inbound domestic toll-free calling exceeding 500 minutes per subscriber line per month, or facsimile pages exceeding 500 pages per individual subscriber line per month. NetEx reserves the right to review usage at any time and may suspend or terminate services if abuse is detected.

Excessive Usage

Customers engaging in excessive or abusive usage may be subject to a per-minute or per-page fee for use beyond typical levels. This overage fee, applicable to all plans, may reach up to $0.05 per minute for voice calls or per facsimile page. NetEx may also adjust calling plans, impose limitations, or suspend or terminate services for customers who fail to correct abnormal usage patterns.

Terms and Conditions

Introduction

This NetEx Service Agreement, along with any incorporated operating rules, policies, price schedules, or supplemental documents (collectively referred to as the “Agreement”), constitutes the entire understanding between NetEx, Inc., a Canadian Company (referred to as “we,” “us,” or “NetEx”), and the party identified in the corresponding registration order form (referred to as “you,” “user,” or “Customer”) concerning NetEx’s Fax Service (as defined herein). This Agreement supersedes all prior agreements, discussions, or written communications on the subject matter. For the purpose of this Agreement, “NetEx” includes our subsidiaries, affiliates, agents, employees, predecessors in interest, successors, attorneys, and any other service provider involved in furnishing services or devices in connection with this agreement or the service/device.

Definition Of Service

NetEx provides telephony services through a hosted key system managed by us. The term “Service” in this Agreement refers to NetEx Phone Service, encompassing all Software, Equipment, and additional features, products, and services provided by NetEx under the selected pricing plan.

Revisions To Terms and Pricing

Periodically, we may update the terms, conditions, and pricing of this Agreement. Notice of such revisions will be posted on the NetEx website (“the Website”) and will be deemed effective from the date posted. By continuing to use the Service after such revisions take effect, you acknowledge acceptance of the updated terms.

Customer Representations

By agreeing to this, you confirm that you are at least eighteen (18) years old or, if applicable, of the age of majority in your country, state, or province. You assert that you possess the legal right and ability to enter into this Agreement, and your provided information, including name, username, contact details, and registered location, is accurate. For business use, you affirm that you are authorized to act on behalf of NetEx Technologies. Any false or incorrect information may result in Service delays or termination. You agree to promptly update NetEx in writing about changes to your personal or billing information.

Use Of Service and Device

    • Business Plans: Service is intended for business and home office use only. You are prohibited from reselling or transferring the Service without express written permission from NetEx. Violation of terms may lead to termination or modification of Service.

    • Residential Plans: If you subscribe to residential services, they are solely for residential use. NetEx reserves the right to terminate or modify the Service if non-residential use is detected.

    • User Responsibility: You are responsible for all use related to your account, accepting liability for actions by anyone using the Service via your account. Internet-transmitted information and calls are susceptible to interception, and safeguarding your User IDs and Passwords is crucial for Service security.

Local Number Portability

    • Authorization: You authorize NetEx to process your Service order, notify your local service provider, and transfer your telephone number. Failure to provide necessary information may cause delays, and NetEx is not liable for such delays.

    • Activation: Equipment must be installed and activated before the number switch becomes effective. Temporary numbers may be assigned until the transfer is completed.

    • Limitation: NetEx reserves the right to refuse number porting if, in its sole discretion, infrastructure support is lacking.

Service Distinctions

    • Emergency Services – 911 Dialing: NetEx provides 9-1-1 Dialing service with distinctions from traditional and enhanced 9-1-1. Users must follow specific procedures during emergency calls.

    • No 0+ or Operator Assisted Calling: The Service does not support certain types of calls, and compatibility may vary in different service areas.

    • No Directory Listing: Numbers provided by NetEx will not be listed in telephone directories.

Length Of Service

    • Service Term: The Service is provided for the term specified in your order. The term begins on the Subscription Date or the date of successful payment processing, whichever is later.

    • Automatic Renewal: This Agreement automatically renews for the same term, unless canceled before the end of the current term. Renewal starts the day after the last day of the term.

    • Right to Disconnect: We reserve the right to disconnect from the Service without notice for non-payment or inappropriate use, as well as in cases jeopardizing NetEx’s network integrity. Non-payment may lead to service termination, with all outstanding charges immediately payable.

    • Termination of Service: To terminate the Service, contact our Customer Care Department via email at info@netextechnologies.ca before the current term expires.

Devices

    • Ownership and Risk of Loss: You own the Device and assume the risk of loss, theft, or damage. Minimum Commitment Contracts may include termination fees.

    • Promotional Devices: Devices included at no charge may be previously used equipment. Unreturned devices upon cancellation will be charged.

    • Replacement of a Defective Device: Devices are covered by respective factory warranties. Return procedures must be followed, and shipping fees are the customer’s responsibility.

    • Receipt of Damaged Devices: Damage must be noted on the carrier’s bill. Contact customer care immediately for return instructions.

    • Tampering with the Device: Changing the electronic serial number or equipment identifier without consent is prohibited.

    • Prohibited Devices: While NetEx does not strictly prohibit certain devices, third-party devices may incur a programming charge for compatibility.

Fees and Charges

    • Published Fees: Fees and charges are published on our Website and are subject to change. New pricing becomes effective upon posting

    • Billing Increments: Billing policies are specified by the chosen package. Refer to the Website for exact billing details.

    • Taxes: Customer is responsible for applicable taxes. Tax exemption requires providing NetEx with an official.
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    • Port Rejection: Any number port rejection due to customer supplied invalid/incorrect information will be billed at $50/number/rejection.

Billing and Payment

    • Billing: We will charge you monthly in advance for the duration of the service term. Upon subscribing, you must provide a valid email address and a credit card as the accepted payment method. We reserve the right to cease accepting your payment method or payments. Immediate notification is required if your payment method expires, your account is closed, billing address changes, email address changes, or if your payment method is lost or stolen. Except for usage-based charges billed in arrears, all other charges, fees, taxes, assessments, and surcharges will be billed in advance to your payment method for each month of the service term. Bills will be accessible on the office manager portal and sent to the registered email address.

    • Payment: Upon subscribing, you authorize us to collect payments from your designated payment method. This authorization remains valid for 30 days after terminating our authority. Even after termination, you authorize us to charge your payment method for arrears.

    • Collection: In the event of service disconnection, you remain liable for all charges, including collection costs and attorney’s fees. You also agree to cover additional charges or fees applied to your billing account, such as interest or charges due to insufficient credit.

    • Billing Disputes: Notify NetEx in writing within seven days of receiving your credit card statement or when funds are debited from your bank account if you dispute any charges. Send disputes to info@netextechnologies.ca.

Pricing and Payment

    • Prices and Fees: NetEx’s fees and charges are provided during the ordering process. You agree to pay applicable one-time and recurring charges, taxes, and other nonrecurring charges. Recurring charges are automatically billed to your credit card on the first day of each billing cycle.

    • Authorization: You agree that we may charge your credit card without additional notice. Indemnify us for claims or expenses resulting from providing a debit card instead of a credit card.

    • Credit Balance Account: Your credit balance covers incidental charges. When depleted, your account can’t make additional calls until paid. Credit balance usage as of renewal is charged to the credit card on file.

    • Discontinuation for Nonpayment: Service may be denied for credit card issues. Failure to resolve within 48 hours results in deactivation. NetEx may modify calling plans with notice. Reimburse all expenses if collection or legal action is taken.

    • Promotions: NetEx may limit promotions and cancel them at any time.

    • Cancellation Policy: Cancellation requests via email to info@netextechnologies.ca must precede the service term expiration. Changes to the policy may occur without notice.

Management Of Your Data and Computer

    • System Management: You’re responsible for equipment and software. NetEx offers technical assistance for hosted PBX and devices.

Limitation On Warranties, Remedies, And Liability, Indemnification

    • Warranties: No express or implied warranties. NetEx is not liable for interruptions, including international calling services.

    • Limitation of Liability: NetEx is not liable for various damages, delays, or failures. Liability is limited to service charges. Indemnify NetEx for costs related to defense against claims.

Indemnification And Waiver Of Claims

You’re liable for service and device use. Indemnify NetEx against any claims and liabilities, except for gross negligence, recklessness, or willful misconduct.

Content

You’re liable for transmitted content. Comply with laws and instructions for service and device use.

Miscellaneous Legal Considerations

    • Governing Law: The agreement is governed by Canadian laws.

    • No Waiver of Rights: NetEx reserves rights and failure to enforce doesn’t waive them.

    • No Third-Party Beneficiaries: No third-party rights are created.

    • Entire Agreement: The agreement, order, service description, or website references constitute the entire agreement.

    • Severability: If part is invalid, the rest remains valid.

Privacy

NetEx may access your account for fraud detection. No guaranteed privacy. NetEx respects privacy; personally identifiable information won’t be sold. Disclosure may occur upon government request.

Assignment

NetEx may assign rights without notice. No user assignment without written agreement.

Survival

Indemnification, liability limits, warranty disclaimers, dispute resolution, and payment obligations survive agreement termination.

CRTC

NetEx complies with CRTC regulations. Users agree to monitoring and disclosure as required by CRTC.

Force Majeure

NetEx is excused from delays due to uncontrollable events.

Software Copyright

Software used by NetEx is protected by copyright law.

Copyright And Trademark; Copyright Infringement

Web content, materials, service marks, and trademarks are protected. Infringement may result in prosecution.

Cancellation Policy

Either party may terminate with 30 days’ notice. Early termination within the first 30 days incurs fees for the first month (any service) and installation. After 30 days, a penalty equals 100% of the remaining commitment. Minimum 20% restocking fees apply to equipment cancellations .

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