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TERMS
AND CONDITIONS OF SERVICE |
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iTalkBB Global Communications, Inc. |
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This agreement ("Agreement") is between iTalkBB Global Communications, Inc. ("iTalkBB") and an end user
("you," or "Customer") of iTalkBB's communications
services and any IP telephone, analog telephone
adapter or any other IP connection device or related
products or services ("Service"). All Services are
governed by the terms and conditions of this Agreement.
ADDITIONAL OR CONFLICTING
TERMS AND CONDITIONS ON ANY DOCUMENT RELATED TO
THE SUBJECT MATTER OF THIS AGREEMENT ARE HEREBY
REPLACED BY THIS AGREEMENT.
The rates and charges for the Service, which may
be found at
www.Korea.iTalkBB.ca
,
are effective as of July 1, 2004 and are subject
to change. For your most current rates and charges,
the most current version of the Agreement, or if
you have questions about your services, please visit
our website at
www.Korea.iTalkBB.ca
. |
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Term |
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Service is offered on a monthly basis beginning on the date Customer activates service and continues for the duration of that calendar month. The Service is automatically renewed unless Customer provides iTalkBB notification of intent to terminate the Service prior to the end of the term as set forth in Section of Billing, Charges and Payment. |
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Emergency
Services - 911 Dialing |
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The safety and security of customers is
of the utmost importance to iTalkBB. iTalkBB is
happy to announce that it now offers 911 Emergency
Dialing Services to its customers. However,
iTalkBB's Emergency Dialing Services are VoIP
based services, and therefore, are subject
to certain limitations and outage factors
that are different from traditional 911 accesses.
It is important that you read, understand
and inform all residents and guests of these
important limitations. |
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CUSTOMER ACKNOWLEDGES THAT THE SERVICES
DO NOT SUPPORT TRADITIONAL 911 ACCESS TO EMERGENCY
SERVICES. WHERE AVAILABLE, iTalkBB SERVICES
DO INCLUDE E911 ACCESS TO EMERGENCY SERVICES,
AND IN GEOGRAPHICAL AREAS WHERE E911 IS NOT
AVAILABLE, iTalkBB SERVICES INCLUDE EMERGENCY
DIALING. WHERE E911 IS AVAILABLE, A 911 CALL
IS ROUTED DIRECTLY TO 911 DISPATCHERS. WHERE
E911 IS NOT AVAILABLE, 911 CALLS ARE ROUTED
TO GENERAL EMERGENCY TELEPHONE NUMBERS AND
THE CALLER MAY BE REQUIRED TO VERBALLY STATE
HIS OR HER ADDRESS. THE CALL IS THEN ROUTED
TO THE APPROPRIATE EMERGENCY SERVICE DISPATCHER.
iTalkBB ADVISES CUSTOMER TO MAINTAIN OR ACQUIRE
AN ALTERNATIVE MEANS OF ACCESSING 911 SERVICES.
YOU AGREE TO ADVISE ALL HOUSEHOLD RESIDENTS,
GUESTS AND OTHER PERSONS WHO MAY BE PRESENT
AT THE PHYSICAL LOCATION WHERE YOU UTILIZE
THE SERVICE OF EACH OF THE LIMITATION OF THE
iTalkBB EMERGENCY DIALING SERVICE AND OF AN
ALTERNATIVE MEANS OF 911 DIALING. |
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IMPORTANT EMERGENCY
DIALING LIMITATIONS: Customer understands
and acknowledges that the iTalkBB emergency
dialing feature cannot be used in conjunction
with an iTalkBB "Virtual Telephone Number".
An iTalkBB Virtual Telephone Number is assigned
to each customer. The number always includes
an area code of 899. These Virtual Telephone
Numbers are NOT loaded into national emergency
databases and will not function to access
emergency services. All customers must purchase
a Public Switched Telephone Network (PSTN)
traditional telephone number from iTalkBB in
order to access iTalkBB Emergency Services.
Customer further acknowledges that iTalkBB Services
do not function with outdialing services including
home security systems, medical monitoring
equipment, fax machines or satellite television
systems. |
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REGISTRATION OF
PHYSICAL LOCATION REQUIRED: For each
PSTN phone number that you use for the Services,
you must provide the physical location where
you will be using the Service. IF YOU FAIL TO PROVIDE A PHYSICAL ADDRESS TO iTalkBB, YOU WILL NOT BE ABLE TO UTILIZE 911 SERVICES AND YOU AGREE TO WAIVE ANY CLAIM OF LIABILTIY AGAINST iTalkBB. When you move
the Equipment (Equipment refers to the iTalkBB
Adapter sent to you by iTalkBB), you must register
your new physical location with iTalkBB. All
911 calls are directed to emergency responders
based upon the address you register with iTalkBB.
If you move the Equipment and do not register
the new physical location, emergency responders
will be dispatched to your previous physical
address. |
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SERVICE OUTAGES;
BROADBAND OUTAGES; CONGESTION; AND SERVICE
INTERRUPTION: iTalkBB emergency dialing
services will not function in the event of
a power outage or other interruption to your
electricity service until the power supply
is fully restored. Following a power disruption,
you may need to reset your Equipment before
the iTalkBB Service, including the emergency
dialing service will function properly. Service
outages or suspensions or terminations of
service by your broadband provider or ISP
will prevent the Service, including the iTalkBB
emergency dialing service from functioning.
Any interruption in your internet access will
prevent you from placing 911 calls during
the interruption. Broadband phone service
is inherently subject to more network congestion
and reduced speed in the routing of 911 calls
than traditional 911 dialing over traditional
public telephone networks. In the event that
your iTalkBB account is suspended or terminated
for any reason, your iTalkBB Service, including
iTalkBB emergency dialing service will not function. |
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DISCLAIMER OF LIABILITY AND INDEMNIFICATION: iTalkBB does not
control how 911 calls are answered or handled
by any local emergency response center. iTalkBB
disclaims all responsibility for the actions
and conduct of any and all national and local
emergency response centers. iTalkBB relies entirely
upon third parties to route 911 calls to local
and national emergency response centers. iTalkBB
disclaims any and all liability or responsibility
in the event such third party data used to
route the call is incorrect or produces an
erroneous result. Neither iTalkBB nor its office
, directors or employees may 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 related to the Services
unless such claims arose from iTalkBB's gross
negligence, recklessness or willful misconduct.
You, on your own behalf and on behalf of any
third party, hereby agree to defend, indemnify
and hold harmless iTalkBB, its officers, directors,
employees and agents from and against any
and all claims, losses, damages, fines, penalties,
costs and expenses (including attorneys' fees)
relating to the absence, failure or outage
of the Service, including the iTalkBB emergency
dialing service or access to emergency service
personnel. |
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CANCELLATION OR TERMINATION OF SERVICE: If you cancel your iTalkBB Service or, if iTalkBB terminates your iTalkBB Service for any reason, you will no longer have access to 911 Emergency Dialing Services. |
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UNDERSTANDING, ACKNOWLEDGEMENT
AND ALTERNATIVE 911 SERVICE: You hereby
acknowledge your understanding of the limitations
of the iTalkBB emergency dialing services described
above. In the event that you are not completely
comfortable with the limitations of the Service,
including the iTalkBB emergency dialing service,
you should immediately take action to acquire
an alternative means to access 911 services
or you should immediately terminate the Services. |
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Incompatibility with Other Devices |
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You acknowledge that iTalkBB Service may not be compatible with all non-voice communications equipment, including without limitation, home security systems, TTY, medical monitoring equipment, certain versions of TIVo, satellite television systems, PBX, Centrex, other private telephone networks, or computer modems. You waive any claim against iTalkBB for interference with or disruption of these services and equipment, as well as any claim that iTalkBB is responsible for any disruption of your business, if applicable.
While iTalkBB Service may work with a home alarm system, iTalkBB does not recommend it. If for any reason you lose broadband connectivity due to a power outage or problem with your Internet provider, iTalkBB Services will not work and your alarm system will not be able to make an emergency call. For this reason, iTalkBB recommends you keep a basic landline dedicated to your home alarm system and use iTalkBB Services for your other calling needs. |
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Equipment
and Devices |
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To provide Services, iTalkBB may provide equipment or IP devices to Customer ("Equipment"). All shipments are F.O.B. iTalkBB's facilities. You shall be the owner of the Equipment, and bear all risk of loss for theft, casualty, or damage to the Equipment. Customer agrees not to change any serial number or Equipment identifier, or to alter any Equipment without the express written consent of iTalkBB. iTalkBB reserves the right to terminate Customer's service should you tamper with the Equipment and you will be responsible for all charges in the then current service period plus Early Termination and Deactivation Fees. You agree and acknowledge that you will use the Equipment provided to you by and from iTalkBB or its affiliated company in Canada. iTalkBB reserves the right to suspend and cancel your service where you failed to use the Equipment provided by iTalkBB. |
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Money
Back Guarantee - Trial Period - Cancellation Policy |
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iTalkBB offers a thirty (30) day trial period ("Trial Period") to new Customers for their first iTalkBB account. The Trial Period commences on the "Activation Date". The Activation Date is the first to occur of the date that is ten (10) days after the date customer signs up for iTalkBB Service or the date Customer places the first call on the iTalkBB Service. If Customer is not satisfied with the Service, Customer may terminate the iTalkBB Service at any time during the Trial Period and obtain a refund of the activation charges and monthly service fees. The Trial Period refund does not apply to toll usage (charges for calls to any country or region that is not included in an unlimited calling plans selected by Customer) or any local, provincial or federal taxes charged to Customer. All cancelling Customers will be charge a Deactivation Fee in the amount of $99.00. This Deactivation Fee will be waived if Customer sends the Equipment to iTalkBB as described in this paragraph below. To obtain a Trial Period refund and obtain a waiver of the Deactivation Fee, Customer must: (a) Call iTalkBB within thirty (30) days of the Activation Date at 1-800-875-8318 and obtain an Equipment return authorization and return address from iTalkBB's customer care department, and (b) Mail the Equipment to iTalkBB within seven (7) days after calling to terminate service (parcel must be post marked within the seven (7) day period) in its original condition including, all packing materials with bar codes in tact, all parts and accessories, documentation and manuals and all other items originally shipped to Customer. Equipment returned to our local offices will not be processed. If iTalkBB does not receive the returned Equipment within fifteen (15) days after the termination date, no refunds will be made to Customer, and a Deactivation Fees in the amount of $99.00 will be charged. Upon receipt of the Equipment by iTalkBB, the amount of the Trial Period refund will be calculated based on the usage by Customer during the Trial Period as follows: (a) Customers using fewer than 500 minutes during the Trial Period will receive a refund of Activation Fee if applicable; plus the full amount of the Monthly fees previously charged to customer’s credit card. The Shipping and Handling Fee is not refundable, and (b) Customers using 500 or more minutes during the Trial Period will receive a refund of Activation Fee if applicable; the Shipping and Handling fee is not refundable. No monthly fee is refunded to Customers using 500 or more minutes prior to termination. No charges for toll calls are refunded to any customer at any time. Early Termination fees do not apply if Customer terminates service during the Trial Period and all conditions of this Section 4 are satisfied. Early Termination fees do not apply if Customer terminates a non contract plan at any time and all conditions of this Section 4 are satisfied. |
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Service
- Usage |
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Unless Customer purchases iTalkBB Small Business Plan, Customer acknowledges that he or she has purchased residential services under one of iTalkBB's plan offerings ("Plan") for Customer's normal, personal, residential, non-business and non-professional use. Customer agrees that the Services are not intended for any commercial or governmental activities, including without limitation to home office, business, sales, telecommuting, telemarketing, autodialing, fax broadcast, fax blasting or any other activity that would be inconsistent with residential use. You agree that your use of an iTalkBB residential service plan for any commercial or governmental purpose will obligate you to pay iTalkBB's higher rate for an iTalkBB Small Business Plan for all time periods, including past time periods, in which you used a residential plan for any commercial or governmental purpose. iTalkBB reserves the right to immediately terminate or modify Customer's service, or offer to transfer Customer to an iTalkBB Small Business Plan or other higher priced calling plan, if iTalkBB determines, in its own discretion, that a residential Customer is using a residential for purposes other than normal residential purposes. In making its determination, iTalkBB may consider a number of factors including, without limitation, usage volumes, volume of calls to high rate premium/special services/personal prefix numbers, whether there is continuous calling or dialing activity, the number of destinations called per month, and other factors indicating unusual calling patterns inconsistent with normal residential use.
Customer agrees to use the Service and Equipment only for lawful purposes. Customer agrees not to use the Services for any communication of any kind which in iTalkBB's sole discretion would constitute as a criminal offense or otherwise constitute a violation of any local, provincial, federal or international law or encourage conduct which would violate any such law.
Customer may not resell or transfer the Services to any other person without the prior written consent of iTalkBB, which consent may be withheld in iTalkBB's sole discretion.
Customer understands and agrees 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 Service offering by iTalkBB. The Service is subject to different regulations than telephone service. This treatment may limit or otherwise affect your rights to redress before Federal or State agencies. iTalkBB Reasonable Residential Use Policy
iTalkBB has developed the following Reasonable Residential Use Policy to describe permissible uses of its service, and to prevent exploitation, fraud, and abuse of its unlimited calling plans and features. This policy is applicable to all iTalkBB residential services.
Reasonable Residential Use Unless Customer purchases iTalkBB Small Business Plan, Customer acknowledges that he or she has purchased residential services and features under one of iTalkBB's plan offerings ("Plan") for Customer's personal, residential, non-business and non-professional use. Customer agrees that iTalkBB's residential service is intended for use by Customer and his or her immediate family. If your Plan allows you to extend the service or feature(s) to one or more mobile, land or VoIP numbers, such use is also considered to be use under the Plan and subject to iTalkBB's Reasonable Residential Use Policy.
Impermissible Use(s).
Each of the following is considered to be outside normal residential use:
• use by or for others who are not members of Customer’s immediate family residing
in Customer’s home
• business use of any type, including home office businesses
• operating a customer care, support or call center
• resale to others
• auto-dialing or fax/voice blasts
• telemarketing
• all other non residential uses
Monthly usage which is 30% higher than the average usage by iTalkBB residential customers is considered unusual and excessive usage and is subject to evaluation by iTalkBB. In addition, usage involving specific numbers called, average call durations, forwarding and transferring, conferencing and unusually short duration calling may, constitute impermissible use(s) of iTalkBB Plan services.
Based on these factors, iTalkBB may determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps including but not limited to suspend or terminate your service to enforce this Reasonable Residential Use Policy.
For Lawful and Appropriate Purposes Only.
You may not use our service or devices in any way that is illegal, fraudulent, improper or inappropriate. You may not use any automated means to manipulate our service or use our service to violate any law, rule, regulation or any third party's intellectual property or personal rights. This section and iTalkBB’s enforcement provisions shall apply to all iTalkBB Plans, including, without limitation, the iTalkBB Small Business Plan.
iTalkBB’s Enforcement of its Policies. iTalkBB reserves the right to review and evaluate all customer accounts and to take action if an account is outside of its Reasonable Residential Use Policy or involves impermissible, detrimental or unlawful use. iTalkBB may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers. If any customer’s use is determined by iTalkBB, in its sole discretion, to be outside of its Reasonable Residential Use Policy, iTalkBB reserves the right to transfer the customer’s account to an appropriate business Plan, charge more appropriate rates for actual usage or to suspend or terminate service with or without notice. If any customer’s use is determined to be unlawful, iTalkBB will immediately suspend or terminate the service with or without notice. iTalkBB will notify all proper authorities of any illegal use of iTalkBB’s service and will cooperate with all such authorities regarding investigation and prosecution. iTalkBB hereby reserves all of its legal rights.
Changes.
iTalkBB reserves the right to change its Reasonable Residential Use Policy at any time without notice. Any such changes shall become effective when posted to iTalkBB’s websites.
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Billing,
Charges and Payment |
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Credit Card
Payment. Upon purchase, Customer must provide
iTalkBB a valid credit card number from an accepted
issuer (see iTalkBB's website for accepted issuers).
Customer authorizes iTalkBB to charge the credit card
number ("Credit Card") for all charges
arising from Customer's use of the Services. Customer
shall notify iTalkBB of any change to the Credit Card
information including, without limitation, changes
in account number, expiration date and billing address.
Invoicing. iTalkBB will provide Customer with a monthly on-line invoice for Services and bill all charges invoiced to Customer's account to the Credit Card. Charges shall include, Equipment purchases, monthly service fees, usage fees, shipping charges, Early Termination Fees, toll charges, applicable regulatory fees and charges. Monthly service fees are paid in advance of each month's Service. Toll charges and other applicable charges are billed at the end of each service month. Deposits, if applicable, are charged at the time of purchase and are invoiced whenever the deposit is reduced by usage to $6.00 Canadian dollars. iTalkBB reserves the right to charge Customer's Credit Card at any time during a service month if Customer's toll charges exceed $24.00 Canadian dollars. Billing for monthly service fees, deposits and other applicable charges commences upon purchase of Services, and the first month's monthly service fees will be prorated to take into account any partial month of Service. Activation occurs when Customer's Equipment is registered to iTalkBB's systems("Activation").
Toll Charges. All calls to or from Equipment using the Services that originates or terminates in the Public Switched Telephone Network ("PSTN") is subject to the then applicable toll charges that are associated with the service plan Customer has selected. All calls to destinations outside the Canada to a party that is not an iTalkBB Customer will be charged at the then current international rates published on iTalkBB's website. The duration of each call will be calculated in one minute increments.
Telephone Numbers. Any telephone number provided to Customer by iTalkBB
shall be leased and not sold. Customer may not use
such number with any other devise other than the
Equipment with the express prior written consent
of iTalkBB. iTalkBB reserves the right to change, cancel
or move the number in its sole discretion. The availability of all Korea DID numbers is subject to and dependent upon the network facilities and regulatory environment in Korea. iTalkBB cannot guarantee connection to any Korea DID from all cities and regions in Korea. iTalkBB further cannot guarantee uninterrupted service on Korea DIDs
Billing Disputes. Customer
must dispute any charges for the Services within
thirty (30) days of receipt of the monthly on-line
invoice. Customer understands and agrees that Customer's
failure to dispute any charges with the thirty (30)
day time period constitutes a waiver of all claims
to any dispute.
Late Payment - Non-Payment. If any charges for Services are due but unpaid
for any reason including, without limitation, non-payment
or declined Credit Card charges, iTalkBB may suspend
or terminate the Services and all accrued charges
shall immediately be due and payable, to include
a late fee of the lesser of 1.5% or the maximum
allowed by law. If charges cannot be processed to
the Credit Card, Customer will be charged a fee
of ten dollars ($10.00). Neither suspension nor
termination shall relieve Customer from the obligation
to pay all amounts owing under this Agreement.
Automatic Renewal of Global Annual Plans. On or about the end of any Global Annual Plan the plan will be automatically renewed on a month to month basis unless Customer provides iTalkBB proper notice of Customer's desire to cancel service or change to a different calling plan or payment plan before the end of the term.
Applicable Regulatory Fees, Taxes, Surcharges, System Access Charges, Customer Equipment Maintenance/ Management Charges, and Intellectual Property/Legal Compliance Fees. Federal, state, provincial, county, municipal and local governments may assess regulatory fees, contribution fees, emergency dialing charges, taxes, surcharges and other compliance fees on your iTalkBB service. Independent third party providers may charge regulatory and administrative fees, legal/intellectual property compliance charges, equipment maintenance and management fees, surcharges, taxes and access fees for services that iTalkBB is required to pay in order to enable your access to global public telecommunications networks. iTalkBB may assess network access fees in applicable markets. These charges may be assessed to you as a flat monthly fee, a percentage of your iTalkBB monthly service charges or both, and may change from time to time without notice. You are responsible for all such fees and charges, now in force or enacted in the future, that arise from your subscription for iTalkBB services. Such charges are in addition to your iTalkBB service charges and will be charged to your account according to the plan or payment method you have selected. Applicable portions of such fees and charges are paid to governmental agencies, third parties or retained by iTalkBB to offset applicable costs associated with your subscription for iTalkBB services. No such fees or charges shall be included in any refund under this Agreement. No portion of fees paid by iTalkBB to the US Federal Universal Service Fund is included in any amounts charged to customers as described in this paragraph.
Credits. Customer
acknowledges and agrees that the Services are provided
"as is, where is". No credit allowances
shall be made for interruption of Service.
Promotions. iTalkBB
may, in its sole discretion, from time to time offer
promotions or discounts on fees. Customer must enter
any promotion or discount codes upon initial purchase
of the Services. |
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Termination
of Service |
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iTalkBB reserves the right to suspend or discontinue providing the Service or Customer's Service at any time in its sole discretion. If the Service is terminated by iTalkBB in its sole discretion and for any reason other than a breach or action of Customer, you will be liable for all charges accrued through the date of termination. If the Service is terminated as a result of a breach or other action of Customer, you will be liable for the entire month in which the termination occurs, unbilled charges and an Early Termination and Deactivation Fees as set forth below (See Early Termination and Deactivation Fees) and all such charges shall be immediately due and payable.
Customer shall be responsible for the full monthly service fee for the month in which notice of termination is received. Early Termination and Deactivation Fees may apply to termination as set forth below (See Early Termination and Deactivation Fees). |
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Early Termination and Deactivation Fees |
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If Customer terminates the Service at any time prior to the end of any contract period, Customer shall be responsible for Early Termination Fees in the amount of $99.00, a Deactivation Fee and the sum of all waived or discounted fees or charges to include, without limitation, all waived Activation Fees and promotional sign up discounts. Any Customer that terminates the Service will be charged on his or her credit card a Deactivation Fee in the amount of $99.00. The Deactivation Fee will be waived if the Customer takes the following actions: (a) Call iTalkBB at 1-800-875-8318 to terminate the Service and to obtain an Equipment Return Authorization from iTalkBB’s Customer Care Department, and (b) Mails the Equipment to Cancellation Department at PO Box 592 RPO, 135 West Beaver Creek Road, Richmond Hill, Ontario, L4B 1C0, CANADA within seven (7) days after such termination call (parcel post must be post-marked within seven (7) days after call to terminate Service) in its original condition, including all packing materials with bar codes intact, all parts and accessories, documentation and manuals and all other items originally shipped to Customer. Equipment returned to iTalkBB’s local offices will not be processed. If iTalkBB does not receive the returned Equipment within fifteen (15) days after the termination the Deactivation Fee will be charged.
Unused monthly Service Fee (excluding regulatory fees and charges) will be refunded upon termination. Calculation of daily Service Fee will be based on a 30 days per month presumption.
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Charges
for Changes in Plans |
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iTalkBB will charge Customer's credit card a Plan Change Fee in the amount of $19.99 if Customer chooses to change Plan from any plan with a Monthly Fee of
$10.00 or more per month to any plan with a Monthly Fee less than $10.00
per month. |
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Changes
to the Agreement, Services or Plan |
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iTalkBB reserves the right to change
the Agreement, Services or Plan at any time ("Change").
Changes will be posted on iTalkBB's website thirty
days before the effective date of the Change. Notice
is deemed received by Customer and Changes will
be binding on Customer on the date such Change(s)
is posted on the website. Customer is deemed to
have accepted the Change(s) unless Customer terminates the Service prior to the effective
date of the Change or uses the Service after the
effective date of the Change. If Customer elects
to terminate the Services, Customer will be liable
for all amounts due and an early termination fee,
if applicable. Customer may, at any time, request
a change of Plan subject to charges associated with
such change of Plan. iTalkBB may reduce its prices
for Services or Plans without prior notice to Customer. |
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Technical
Support |
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iTalkBB provides technical support for
Services and Equipment described in this Agreement
during its normal business hours. |
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Limitation
of Liability, Warranty and Indemnification |
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DISCLAIMER OF DAMGAES. iTalkBB SHALL
NOT, IN ANY EVENT OR CIRCUMSTANCE, BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR
PROFITS, LOSS OF DATA OR CONTENT, OR ARISING OUT
OF 911 OR OTHER EMERGENCY DIALING IN CONNECTIONS
WITH CUSTOMER'S USE OF THE SERVICES OR EQUIPMENT
PROVIDED UNDER THIS AGREEMENT.
iTalkBB MAKES NO EXPRESS OR IMPLIED REPRESENTATION
OR WARRANTY ABOUT ITS SERVICES OR EQUIPMENT AND
DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION, WARRANTIES OR IMPLIED WARRANTIES OF
MECHANTABILITY OR FITNESS FOR A PARTICLUAR PURPOSE
OR USE. iTalkBB HAS NOT AUTHORIZED ANY PERSON OR ENTITY
TO MAKE WARRANTIES ON ITS BEHALF AND CUSTOMER MAY
NOT RELY ON ANY STATEMENT AS A WARRANTY BY iTalkBB.
Liability. iTalkBB
will not be liable for any failure of performance
due to any causes beyond its control or for any
power outage, internet interruption, Equipment failure,
delay in installation, activation or commencement
of Service. With respect to any other legal claim
or dispute, iTalkBB's liability shall be limited to
the lesser of actual damages or one thousand dollars
$1,000. iTalkBB will not be liable for any act or
omission by any other person or entity furnishing
services or products related to the Services or
Equipment or for damages associated with service
or equipment that iTalkBB does not provide.
Indemnification. Customer
hereby agrees to indemnify and hold harmless iTalkBB
and its officers, directors, shareholders and affiliates
from and against any and all claims, damages and/or
liability arising out of the Services or Equipment,
including, without limitation, claims for libel,
slander, invasion of privacy or infringement of
copyright arising out of material, data or information
transmitted via the Services and claims arising
out of any intentional act or omission by Customer
or others authorized by Customer to use the Service. |
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Governing
Law and Dispute Resolution |
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Governing
Law. This Agreement shall be governed by
the laws of the State of Texas without regard to
conflict of law provisions of any other state or
jurisdiction. Customer hereby consents to exclusive
personal and subject matter jurisdiction of the
courts of the State of Texas.
Mandatory and Binding Arbitration. All claims or disputes between Customer and
iTalkBB arising in any way whatsoever out of the Services
or the Equipment shall be resolved by binding and
final arbitration by a single arbitrator. The American
Arbitration Association shall administer the arbitration
under the Commercial Arbitration Rules. The arbitration
shall be conducted in Austin, Texas in English language.
No arbitrator may award relief outside the limits
set herein. Customer agrees that all claims shall
be in Customer's individual capacity and that Customer
will not commence or join any class or consolidate
Customer's claim with the claims of any person or
persons. Customer hereby waives any right to a jury
trial. |
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Copyrights |
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All software utilized or provided
by iTalkBB in connection with the Services or Equipment
shall be and at all times remain sole property of
iTalkBB and are protected by copyright laws and international
treaties. |
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Force
Majeure |
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iTalkBB shall not be liable for any
delay in performance caused by acts of God, natural
disasters, accidents, strikes, riots, war, government
actions, equipment or power failures or any other
cause beyond its control. |
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Assignment |
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Customer may not assign or transfer
this Agreement or its obligations hereunder in whole
or in part. iTalkBB may assign this Agreement at in
time and in its sole discretion. |
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Entire
Agreement |
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This Agreement constitutes the entire
understanding and agreement between iTalkBB and Customer
and supersedes all prior written or oral agreements
related in any way to the subject matter hereof.
Updated: February 15, 2012
Copyright iTalkBB Global Communications, Inc. 2012 |
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