NetCall Phone Service

NetCall Terms & Conditions

This agreement represents the complete agreement and understanding between Sun Country Cable, (hereinafter called Sun Country Cable) and the customer (hereinafter called CUSTOMER) and supersedes any other written or oral agreement. Upon notice published on-line via Sun Country Cable, Sun Country Cable may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. Submission of your account order shall constitute your acceptance of these Terms and Conditions.

1. The Agreement
This is the legal agreement between you, the customer (the “Customer”), and Sun Country Cable . (“Sun Country Cable”) for the provision of the NetCall service (the “Service”) that is being sold by Sun Country Cable . as agent for NetCall. This agreement, together with the Sun Country Cable. Non-Tariffed Products and Services document and the Terms of Service contained therein outline the terms and conditions that apply to the Customer’s use of the Service and represent the terms and conditions that the Customer is asked to review and either accept or decline as part of the process for the Customer to subscribe to the Service. In the event of a conflict between the Sun Country Cable . Non-Tariffed Terms of Service or the Sun Country Cable . Non-Tariffed Products and Services document and this agreement, this agreement shall apply.

top

2. Description of NetCall service
NetCall service is a leading edge internet application that utilizes Voice over Internet Protocol (VoIP) to make telephone calls using a broadband Internet connection to which the Customer has subscribed. The Service includes a combination of IP Telephony and Multimedia features as well as a long distance package.

In addition to dial tone and long distance using a broadband Internet connection, the service includes:

Unlimited anytime calling to other NetCall customers

A pre-selected number of long distance minutes, anytime/anywhere in the United States and Canada

The ability to select a local calling area by electing to obtain a local number in that local calling area

Failover to the Customer’s regular phone line in the event your high speed service fails

Competitive International calling rates

Innovative calling features from your personal computer

The Service is:

Primarily intended for residential or home based business customers

Less than the quality of a traditional telephone service, depending on a number or variables, call quality will fall somewhere between a cell phone and a lan line.

Offered on a month to month basis

The Service:

Is not intended to replace a Customer’s primary wireline telephone service. Customers are encouraged not to use this as their primary line but rather as a second line.

Will not work during a power outage. Customer may be required to reset or reconfigure the equipment prior to utilizing the Service

Does not support 911 or enhanced 911 access to emergency services

Does not support collect calling

Does not work with any calling cards or prepaid long distance cards

Is not supported by operator services as there is no ability to dial “0” to access operator services

Does not support Message Relay Service (MRS)

Does not have the ability to dial 611 for maintenance of your telephone lines

Does not come with a telephone book nor will your telephone number appear in the white pages of the local telephone book

Only works on a high speed broadband connection obtained by the Customer and will only work as good as that high speed internet connection

top

3. Agreement Updates
This agreement may be amended by Sun Country Cable . from time to time, with or without notice to Customer. Such changes shall be effective immediately upon posting of the modified agreement on the Sun Country Cable web site at http://www.sunwave.net or any successor or replacement web sites (the “Sun Country Cable Web Site”). Customer must periodically review the Sun Country Cable Web Site to view the most recent version of the agreement. In the event the Customer does not accept the amended agreement, the Customer must terminate its Service. Sun Country Cable will not be liable to Customer or any third party for damages of any kind whatsoever if Customer does not accept an amended agreement. An amended agreement will be considered “accepted” by Customer unless Customer terminates the Service.

Sun Country Cable, at its sole discretion, reserves the right to change the Service, including its charges, features, equipment and/or software requirements, and any other aspect of the Service, at any time, with or without notice, and without liability. If Customer does not agree with any such change, Customer’s only remedy is the voluntary termination of the Service.

top

4. Payment and Billing
Every customer and user of the Service is liable to pay the charges and rates applicable to the Service. Customers will be charged monthly, one month in advance, for the NetCall Feature Package(s) (including the associated Long Distance package) selected by the Customer effective the date the order is placed. Toll charges for Canada/US calling beyond the number of long distance minutes allowed for in their long distance package for Canada/US calling (the “L.D. Cap”) will be billed in arrears. In addition, any toll charges for International calling and calls to Alaska, Hawaii, Northwest Territories, Yukon, Nunavut and other local serving areas of NorthwesTel will be billed in arrears.

Payment options are by Credit card – Visa and MasterCard, or pre authorized checking.

Customers will be billed once per month their monthly recurring charge, any charges beyond the L.D. Cap, their International calling , calling to Alaska, Hawaii, Northwest Territories, Yukon, Nunavut, and all applicable taxes on these amounts. The charges and applicable taxes will appear as one charge on their credit card bill for their Service. Customers will not receive a paper copy of their bill. Detailed billing will be sent via email or presented on a protected web site. Long distance calling will show Vancouver local time for the time calls are placed.

top

5. Service Activation Fee
There is currently no Service Activation Fee.

6. Disconnect Fee/Termination of Service
Customer will be charged a $144.00 disconnect fee upon termination of Service for any reason whatsoever unless the Digital Telephone gateway equipment is returned in good condition to Sun Country Cable within 14 days, reasonable wear and tear excepted. The disconnect fee is not in lieu of any other amounts that may be owing by the Customer for the Service up to the date of termination and the Customer shall remain liable to Sun Country Cable for all such charges.

top

7. Credit Card Arrangements
Sun Country Cable may deny Service if the Customer’s ability to pay is questionable or cannot be established to Sun Country Cable’s reasonable satisfaction.

If a Customer’s credit card provider rejects the applied charges during the billing cycle, the Customer’s Service will be immediately suspended. A Customer must then make arrangements to settle the account or the Service will be permanently disconnected within 14 days.

Once Service is established, notification will be sent to Customer in advance, informing them that their credit card is expiring and a new number/expiry date will be requested. The credit card information must be returned one month in advance of expiry date. Failing receipt by Sun Country Cable of new validated credit card information, Service will be disconnected.

Service shall not be provided to the Customer in the event the Customer’s credit card is invalid upon sign-up. Service shall be discontinued if a Customer’s credit card becomes invalid or is discontinued after the Service has commenced. If the Customer’s credit card is invalid or discontinued, any outstanding charges remain due and owing and are the responsibility of the Customer to pay and in the event of non-payment may be forwarded to a collection agency for collection.

top

8. Help Desk Support
Technical Support will be provided to activate the Service if needed during business hours. On-going support following will be via email or our Toll Free number.

top

9. Customer’s Responsibilities
It is the Customer’s responsibility to ensure that the hardware and software used by the Customer to access the Service (the Equipment) meets the current minimum system requirements as specified by Sun Country Cable from time to time. In the event the Equipment ceases to be adequate in accessing the Service, Customer, at its own risk and expense, may upgrade or replace the Equipment, as necessary, or Customer may terminate the Service. Customer agrees that Sun Country Cable shall not be liable for any loss, damages, expenses, or costs, of any kind, as a result of Customer or Customer’s Equipment being unable to access or utilize the Service. Sun Country Cable is not responsible or liable for the installation, operation, maintenance or support of any Equipment owned or operated by Customer including, without limitation, any other equipment used by Customer in connection with Customer’s use of the Service.

The Customer is solely responsible for obtaining the highspeed broadband connection required for the Service to work. In the event that the Customer’s high speed broadband connection experiences service outages or is suspended or terminated, or in the event of a power failure, the Service will cease to function in its entirety. Charges for the Service will continue in such an event unless and until the Customer terminates the Service in accordance with this agreement.

The Customer acknowledges and agrees that Sun Country Cable’s liability is limited for any service outage including the inability of the Service to permit the dialing of 911 service, in accordance with Section 11 of this agreement. The Customer shall defend, indemnify, and hold harmless Sun Country Cable, its officers, directors, employees, affiliates and agents and their officers, directors, employees and agents and any other service provider who furnishes services to Customer in connection with this agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including without limitations reasonable lawyer’s fees) by, or on behalf of, Customer or any third party or user of Customer’s Service relating to the absence, failure or outage of the Service including the inability of the Customer or any other person or party or user of the Customer’s Service to be able to dial 911 or to access emergency service personnel.

Customer understands and agrees that it will not use the Service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or automated polling.

top

10. Customer Information
In order to use the Service, Customer will be required to provide and maintain certain information in Customer’s account (the “Customer Information”). Customer agrees that the Customer Information will be complete, accurate and current and the Customer agrees to promptly update Customer Information in the event of any changes to such information.

Customer is responsible for maintaining the confidentiality of Customer’s Account, including but not limited to any password or access code required for Customer’s use of the Service. Customer is fully responsible and liable for all usage that occurs on the Customer Account. Customer must immediately notify Sun Country Cable of any unauthorized use of, or access to, the Customer Account.

The Customer Information and any other personal information of the Customer is collected, used and disclosed by Sun Country Cable only in conjunction with providing the Service to the Customer and in accordance with and for the purposes identified in the Privacy Policy available on this web site.

top

11. Limitation of Liability
NOTWITHSTANDING SECTION 23.6 OF THE TERMS OF SERVICE CONTAINED IN Sun Country Cable .’S NON-TARRIFFED PRODUCTS AND SERVICES DOCUMENT, IN NO EVENT SHALL NetCall (BEING Sun Country Cable .), ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES AND AGENTS OR THEIR EMPLOYEES, OFFICERS AND DIRECTORS OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO THE CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR FAILURE TO RECOGNIZE EXPECTED SAVINGS, OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE INCLUDING THE INABILITY TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY OTHER THEORIES OF LIABILITY, WHETHER LEGAL OR EQUITABLE AND APPLY WHETHER OR NOT NetCall WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF ANY SUCH DAMAGES OR LOSS OR WHETHER OR NOT Sun Country Cable . COULD HAVE REASONABLY FORESEEN THE SAME.

top

12. No Warranties on Service
Sun Country Cable . MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PATENTS OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, Sun Country Cable . DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER Sun Country Cable . NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR THEIR EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO THE CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO Sun Country Cable .’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF Sun Country Cable .’S OR ITS SERVICE PROVIDERS’ OR VENDORS’ NEGLIGENCE, STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR EQUIPMENT. ANY SUCH STATEMENTS BY Sun Country Cable . OR Sun Country Cable ’S AGENTS OR INSTALLERS ARE INFORMATION ONLY AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

top

13. Agents
Any warranty, limitation of liability or indemnification by the Customer in favour of Sun Country Cable provided in this agreement shall be for the direct benefit of any agent of Sun Country Cable and any such agent can enforce such provisions in their own name notwithstanding the lack of privity of contract between any such agent and the Customer.

top

14. Governing Law and Jurisdiction
The Service is owned and operated by Sun Country Cable predominantly from its offices within the Province of British Columbia, Canada and originates in Canada. This Service is available, however, to any residents of Canada. As each of the places where the Service may be used have laws that may differ from those of the Province of British Columbia, by subscribing to the Service, the Customer agrees that this agreement and the Service is governed by and construed in accordance with the laws of the Province of British Columbia and laws of Canada applicable therein. Customer hereby irrevocably consents to the jurisdiction of the courts of the Province of British Columbia and in particular agrees that any legal proceedings shall only be brought in the Judicial Centre of Kelowna with respect to any controversy or other matter relating to or arising out of this agreement.

Any cause of action Customer may have with respect to this agreement or the Service must be commenced within one (1) year after the claim or cause of action arose or it shall be barred.

top

15. Copyright and Trademarks
The Service and Digital Telephone gateway equipment and any firmware or software used to provide the Service or provided to the Customer in conjunction with providing the Service, or embedded in the Digital Telephone gateway equipment or any other device that may be provided by Sun Country Cable in conjunction with the Service from time to time and all information, documents, and materials on the Sun Country Cable Web Site are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively the “Marks”) of NetCall are and shall remain the exclusive property of Sun Country Cable and nothing in this agreement shall grant the Customer the right or license to use any of such Marks. Customer acknowledges that they are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Digital Telephone gateway equipment or any other device provided by Sun Country Cable in conjunction with the Service from time to time, other than a nontransferable, revocable license to use such firmware or software in object code form without making any modifications thereto, strictly in accordance with the terms and conditions of this agreement. The Customer expressly agrees that the Digital Telephone gateway equipment is exclusively for use in connection with the Service and that the Customer shall not provide any passwords, codes or other information or assistance that would enable the Customer to use the Digital Telephone gateway equipment for any other purpose. The Customer shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary or object code of any such firmware or software.

top

16. Entire Agreement
This agreement and the Sun Country Cable . Non-Tariffed Products and Services document and the Terms of Service contained therein constitute the entire agreement between you and Sun Country Cable and govern your use of the Service, superseding any prior agreements between you and Sun Country Cable and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this agreement shall be binding upon Sun Country Cable unless and until posted in accordance with Section 3 hereof.

top

17. Severability
If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.

top

18. Rates
The following packages and corresponding rates are applicable for the Service:

NetCall ($9.95)