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Terms and Conditions
  1. General
    1. In this agreement:
      1. The term “Services ” refers to any and all of the residential and small business VoIP (Including long distance and local) services, residential and business Internet services and related products provided by Nett-Tell llc.
      2. The term “Agreement ” refers to the Terms and Conditions in its entirety.
      3. The terms “Equipment ” and “Product(s) ” refers to any device or hardware that is used in conjunction with or to access the services provided by Nett-Tell llc.
      4. The terms “You ”, “Your ” and “Client ” refers to the subscriber of any services be it an individual, a firm, a corporation or any other entity that utilizes the services offered by Nett-Tell llc.
    2. All services offered by Nett-Tell llc. are subject to the terms and conditions contained within this document. In the event of a dispute, the Terms and Conditions will take precedence in the matter. This agreement, including any and all the Terms and Conditions listed within this document will constitute a binding agreement between you and Nett-Tell llc. This does not include any other written or oral representations or agreements.
    3. Nett-Tell llc. reserves the right to update this agreement from time to time in conjunction with notifying the client of any changes within a two week grace period. An update of the agreement will also be posted on the Nett-Tell llc. website (www.nett-tell.com ) for your perusal. If you are in disagreement with the changes you reserve the right to terminate your agreement with at least thirty (30) days advanced notice which must be submitted via the Online Cancellation Form that will be made available to you by Nett-Tell llc. If you are under a 1, 2 or 3 year contract, the remainder of your contract must be paid in full prior to termination of the agreement.
  2. Use of Services:
    1. You, the client, may use the services subscribed to provided that you do so in compliance with this agreement, including the Privacy Policy and all applicable laws and regulations.
      1. You acknowledge that you are solely authorized to use the subscribed services and agree to not resell or charge or transfer the services to another entity for any purpose.
      2. You acknowledge that your use of service for commercial or any other non-residential purposes will obligate you to pay higher rates as per Nett-Tell llc.’s commercial service rates.
      3. Nett-Tell llc. reserves the right to suspend, terminate or modify the services with immediate effect if Nett-Tell llc. determines that your service is being misused for non-residential or commercial purposes and usage is exceeding conventional residential use as per the Fair Usage Policy .
  3. Responsibility for Charges:
    1. You are responsible for paying all charges for the services and equipment provided to you by Nett-Tell llc. including:
      1. Charges for calls made via your telephones or telecommunication systems.
      2. Excess in Internet usage allowance.
      3. Charges for calls made using any identification code(s) or passwords assigned to you including any calling cards or call services used in conjunction with the services offered by Nett-Tell llc.
      4. You are responsible for the security of your own password and telephone number(s) assigned to you. You acknowledge that you are the person authorized as the subscriber to the services offered by Nett-Tell llc. In the event of a dispute regarding your authorization for long distance services, Nett-Tell llc. will accept only the subscriber as the sole authorized person to handle said disputes.
  4. Fair Use Policy:
    1. “Unlimited” type rate plans are based on your conventional personal, residential, non-business and non-professional use only and do not apply to any other type of use. "Unlimited” rate plans include no more than 4700 minutes per month; any additional minutes will be charged based on regular. "Unlimited" calls across the United States of America include no more than 1500 minutes per month and any additional minutes will be charged on regular rates.
    2. You agree that Nett-Tell llc. may monitor your account for misuse and if Nett-Tell llc. determines, in its sole discretion that your use is not for conventional residential purposes, Nett-Tell llc. may terminate your use of the plan or switch you automatically to another plan.
  5. Special Terms and Conditions Related to Service:
    1. If you cancel one or more of the Services in a Bundle Services plan, Nett-Tell llc. will increase the rates for your remaining Services and you will be responsible for the remainder balance for your service if under a contract. You are responsible for the successful completion of the cancellation form provided to you by Nett-Tell llc.
      1. Nett-Tell llc. does not have the ability to transfer the client’s long distance services from Nett-Tell llc.’s network to an alternate long distance provider. You agree that in the event that your local line services are terminated, you are solely responsible for contacting an alternate long distance service provider to convert your long distance service from Nett-Tell llc.’s long distance telephone service network to an alternate long distance service provider.
    2. Voice over IP (VoIP) Services:
      1. Service Limitations: You acknowledge and understand that the service is not a telephone service. The service connects to the internet, and not a telephone line. There are important differences between telephone service and the service offering provided by Nett-Tell llc. as set out in these Terms and Conditions.
  6. 9-1-1 Limitations:
    1. 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 911 emergency services.
    2. 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.
    3. 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 on 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 dialing. 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 will automatically generate your address information, and consequently, you may be required to provide your name, address, and telephone number to the call centre.
    4. How your information if 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 91 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.
    5. 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.
    6. 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.
    7. 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.
    8. 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:
      1. 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 Nett-Tell llc.
    9. Alternate services: If you are not comfortable with the limitations of 9-1-1 emergency calls, Nett-Tell llc. recommends that you terminate the VoIP services or consider an alternate means for accessing traditional 9-1-1 emergency services.
    10. 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.
    11. Liability: Customers are advised to review this section with respect to Nett-Tell llc.’s limitations of liability (Sections 11 and 12 ).
  7. Internet Services:
    1. You agree that the Internet service offered to you by Nett-Tell llc. is based on a maximum speed allowable in your package. All speeds are reflected as “up to” the maximum speed allowed by the service you have chosen as well as the maximum speed available at your residence or business.
    2. All Nett-Tell llc. Internet service packages are limited to a maximum bandwidth limit of 300 Gb/month. You agree that by exceeding your monthly allowance you will be responsible to additional charges of $0.50/Gb up to a maximum of $25.00
    3. The availability of high-speed Internet Service is dependent on the availability of suitable residential telephone lines/local loops supplied by other Carriers. You acknowledge and agree that we shall conduct a preliminary geographical check upon your placing an order to determine if high-speed DSL Internet Service is available in your geographical area.
    4. Internet Service is only available in those areas to which the network of Nett-Tell llc. and the networks of Carriers employed by Nett-Tell llc. Service availability is also subject to the availability of appropriate facilities and is dependent on the availability of suitable technology at the location(s) at which you wish to obtain the Service.
    5. The use of certain Services may require you to use other telecommunications services which may incur corresponding additional charges without limitation. An example of this is a one-time installation and monthly recurring fee for the use of local loops used to provide Nett-Tell llc.’s Internet Service over DSL, where the carrier that leases the local loop to us is not providing voice telephone services over it as well. In such cases, you are solely responsible for the payment of all charges associated with your use of such other telecommunications services, whether you obtain such other services from us or other suppliers. Set up fees incurred for Internet services are non refundable under any circumstance if technicians have been dispatched to the location where the service is to be provided.
    6. You authorize Nett-Tell llc., our representatives and/or third party representatives acting on Nett-Tell llc.’s behalf to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of our services, the Equipment or our facilities or networks. If any of your Services or Accounts has been terminated, then you authorize Nett-Tell llc. and our representatives and/or third party representatives to enter or have access to your premises to disconnect the Services, as applicable.
    7. You are responsible for any costs associated with the rescheduling of an installation if you are deemed to be at fault for not being present at the location on the agreed upon installation date (which results in the installer not being able to complete the installation).
    8. Nett-Tell llc. has no obligation to monitor your Internet services or Account. However, we reserve the right to monitor your service from time to time and to disclose any information necessary to satisfy any laws, regulations or other governmental request from any applicable jurisdiction, or as necessary to operate the Services or to protect ourselves or others and you agree that we have the right to do so.
  8. Billing and Payments:
    1. Charges will commence as of the activation date for your applicable services with Nett-Tell llc. Nett-Tell llc. will provide monthly invoices (through your online account) for the services on the first day of every month. Invoices include all applicable taxes that are the sole responsibility of the client. Nett-tell does not provide paper invoices.
      1. You must pay the amount invoiced by the due date specified on the invoice. Failure to do so will lead to an interest charge to be added on outstanding amounts commencing on the day after the amount was due at the rate of 1.5% per month (19.65% per annum).
      2. The invoice will include, and you are responsible for payment, applicable taxes, interest on overdue amounts as well as charges for returned items (returned payments are charged at $15 per instance). Billing is based upon call duration in one minute increments. Call time will be determined by Nett-Tell llc.’s network systems. Any fraction of an increment will be treated as an entire increment.
      3. Nett-Tell llc. reserves the right to require payment on an interim basis, prior to the normal billing date in circumstances where there is an abnormal risk of loss, for example where you have incurred a significant amount of long distance or other charges, or in situations of suspected fraud. In such cases, charges will be considered past due when the time period for payment as specified by Nett-Tell llc. has lapsed.
      4. Nett-Tell llc. will review any disputed charges made within a 30 day period, provided you continue to pay the undisputed portion and subsequent invoices. If you do not claim your credit balance within the 30 day period, it shall become the property of Nett-Tell llc., and any account credits provided by Nett-Tell llc. will expire. Nett-Tell llc. reserves the right to charge a reasonable processing fee in connection with issuing refunds.
  9. Contracts:
    1. If you are subscribing to Nett-Tell llc.’s services under a contractual obligation or “Contract” for a specified period of time(1, 2 or 3 years), you are responsible for the payments until the duration of the agreed upon terms expire.
    2. Upon expiry of said contractual obligation it is your responsibility to:
      1. Terminate the service (Section 18 ) which entails returning the adapter and/or modem to Nett-Tell llc. in a usable condition to prevent incurring charges for restocking.
      2. If you do not notify Nett-tell 30 days prior to the anniversary of your activation (end date of contract).Nett-tell contracts will renew automatically upon their expiration for successive one year terms.
    3. You agree that during the course of the contract the adapter and/or modem is the sole property of Nett-Tell llc. and is provided to you as a “Rental” and you are required to return the adapter and/or modem in a usable condition upon termination of your services. Failure to do so will result in a charge to you for the entire cost of the adapter and/or modem. Baring to make arrangements for the said payment your account will be sent to a third party collection agency.
    4. You are responsible for Early Cancellation Fees (ECF) if you choose to terminate your contract before its completion. ECF is calculated based on the monthly charges associated with the account multiplied by the number of months remaining on the contract.
  10. Credit Checks and Security Deposits:
    1. Nett-Tell llc. reserves the right to examine your credit record and to require a deposit or other security, including payment by credit card, before it provides, continues, or reinstates services to you.
      1. Should Nett-Tell llc. at any time consider a credit deposit to be insufficient, a further credit deposit may be required. Nett-Tell llc. will determine, at its discretion, how your deposit or other security will be allocated to satisfy outstanding amounts owed by you to Nett-Tell llc.
    2. By subscribing to the Services, you authorize Nett-Tell llc. to investigate your creditworthiness and agree, from time to time, to provide appropriate authorizations and financial information as Nett-Tell llc. may reasonably request for this purpose.
  11. Right to Refuse Service:
    1. Nett-Tell llc. at its discretion may refuse to provide you with services.
  12. Liability: Nett-Tell llc.
    1. Nett-Tell llc. does not guarantee uninterrupted operation of the services, equipment, facilities, connections or network. Nett-Tell llc.’s liability for negligence, breach of contract, tort or other causes of action, or any loss, omissions, delays, errors, defects or failures in the services, equipment or facilities, or for any other action or inaction on the behalf of Nett-Tell llc., is limited to a refund of charges for the affected services proportionate to the length of time the problem existed, upon request. Under no circumstances shall Nett-Tell llc. be liable for any indirect, special, consequential, exemplary or punitive damages whatsoever, including any interruption of business or lost profits, even if such damages were reasonably foreseeable.
      1. Nett-Tell llc. is not liable for:
        1. Any disruption of services as stated in section 4d and 4e.
        2. Any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or service).
        3. Your conduct, acts or omissions, or the operation or failure of your equipment or facilities.
        4. Its failure, for any reason, to activate any services on the activation date you requested.
    2. Nett-Tell llc. provides the services to you as an independent contractor. The employees or agents of other participating carriers are not and shall not be deemed to be agents or employees of Nett-Tell llc.
      1. In subscribing for the services, you obtain no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the Services.
  13. Your Liability:
    1. You agree to indemnify and hold harmless Nett-Tell llc. against all claims, including fees and expenses of counsel, resulting from your use (or the use by others with your explicit or implicit consent) of the services, your codes, facilities or equipment, which causes direct or indirect damage or harm to another party or to the property of another.
    2. You must not use, in any manner or circumstances whatsoever, Nett-Tell llc.’s, trade-marks, trade names, logos or designs, and you have no authority to act on the behalf of Nett-Tell llc.
  14. Hardware Shipping Policy:
      1. All hardware is shipped through UPS. All hardware will be delivered between 3 to 5 business days. A tracking number will be provided for all hardware shipped.
      2. All hardware will be shipped to a valid US address or P.O. Box only.

 

  1. Hardware Return and Replacement Policy:
      1. If the service is cancelled within the first 30 days of activation, all fees will be waived except cost of long distance and international calls, activation fees, current subscription fees, shipping fee and porting fee.
      2. The cost of adapter is fully refundable within the first 15 days of service. After this time, it is considered that the client has purchased the adapter and no further compensation will be offered.
      3. The adapter must be in original package with the original cables otherwise there is a $10 restocking fee. If the adapter is returned in a damaged or unusable condition, all refunds are forfeit.
      4. If your equipment is defective, you may contact Customer Service to order a replacement. Please note that when you call, Customer Service will first attempt to troubleshoot your phone problems. For this reason please make your initial call to Customer Service from a different phone or you may limit the ability to troubleshoot. Once you receive the replacement phone, you must return the defective hardware to Nett-Tell llc. to complete the exchange.
      5. Equipment is generally considered to be defective and covered under warranty (One year manufacturer’s warranty if the adapter is purchased) if it has stopped properly functioning due to no fault of the user. For example, a software malfunction would typically be considered a defect of the device.
      6. Equipment damage not considered defective includes, but is not limited to: cracks on or damage to the device case indicating that the device has been dropped. Damage indicating that the device has been exposed to liquids as well as devices that have been modified or tampered with.
  2. How To Return Your Equipment:
    1. Securely seal the package and process it for shipping. Insure the package for the full value of the adapter, and send the package via a traceable carrier (such as UPS, FedEx, or DHL). Be sure to ask for and save the tracking number.
    2. Your account will be credited for the full purchase price of the device (less any rebates) within two billing cycles as long as the items are in the original packaging with the appropriate cables. Items not in the original condition will be charged a $10 restocking fee that will be deducted from your security deposit.
    3. If you also wish to cancel service, you will need to contact the Customer Service Department within 72 hours of receiving the device.
  3. Loss of Device:
    1. Call Customer Service immediately to suspend your service. If your device was stolen, please provide the Customer Service representative with the police report number (if available).
    2. Once you have called Customer Service to report the device as lost or stolen, your service will be suspended for up to a maximum of 30 days. If your device has not been recovered within this time period, your current account will be cancelled to prevent any possible misuse. To avoid account cancellation, call Customer Service regarding your options for replacing the lost or stolen device.
  4. Refund Policy:
    1. You will be refunded to your Nett-Tell llc. account if you are charged for a call that was never completed (there was no answer) and request Customer Service to refund within 30 days of the invoice date. Upon verification, we will credit your account the amount charged.
    2. You will be refunded if you were incorrectly charged for services not received or for which you did not sign up. In such cases, you must contact Customer Service within 24 hours of the attempted call or discovery of the erroneous charges. Only charges which were made within 30 days of your report will be refunded. After this 30 day period it is considered that you agree with the charge and it is therefore not refundable.
    3. Any payments made through a credit card will be refunded to the credit card that was charged. No cash refunds will be issued in such cases.
    4. Set up fees incurred for Internet services are non refundable under any circumstance if technicians have been dispatched to the location where the service is to be provided.
  5. Suspension or Termination of Services by Nett-Tell llc.
    1. Without incurring any liability whatsoever, Nett-Tell llc. may immediately suspend or terminate any or all of the services where you:
      1. Fail to make payment on an account that is past due, or the payment attempted is not honored such as cheque payments not honored by your bank.
      2. Fail to provide interim payments on accounts that have exceeded the credit limit before the standard monthly payment is due.
      3. Violate any provision of the Terms and Conditions
      4. Use or permit others to use the services so as to prevent fair and proportionate use by others as stated in the fair usage policy.
      5. Use or permit others to use any of the services in a manner that is contrary to law (including decisions, rules or orders of the Terms and Conditions); or for the purpose of making harassing, threatening, abusive, or offensive calls.
      6. Charge or allow others to charge any other person for the use of the services without Nett-Tell llc.’s prior written agreement.
      7. Harass, threaten or otherwise act unreasonably towards Nett-Tell llc., its employees or agents, or in relation to the services, including without limitation, by making numerous unwarranted requests for credits.
      8. Alter or otherwise interfere with Nett-tell’s facilities or equipment, or fail to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the services, equipment, facilities or network.
      9. Fail to provide payment for other accounts with Nett-Tell llc., including amounts owed by you as a guarantor for the account of another.
    2. In the event of a billing dispute, Nett-Tell llc. will not suspend or terminate your Services where:
      1. You are prepared to enter into and honor a mutually acceptable deferred payment agreement.
      2. Payment is made for all undisputed amounts when due, provided Nett-Tell llc. does not have reason to believe that the purpose of disputing certain amounts is to evade or delay payment.
    3. In the event of a suspension or termination of the services, all features and services, to the applicable telephone numbers will also be suspended or terminated. A suspension or termination will not affect your obligation to pay any amounts owed to Nett-Tell llc. either during or after the suspension or termination.
    4. If the services were suspended or terminated for cause, including non-payment or any of the reasons listed above, a reconnection service charge may be applied for reconnecting each line.
  6. Nett-Tell llc. Initiated Changes in Telephone Numbers.
    1. Nett-Tell llc. reserves the right to change the access telephone number assigned to you. Nett-Tell llc. will provide advanced notice of such change to you indicating the effective date on which the changes will take place.
  7. Your Right to Cancel:
    1. You may cancel your service with no less than 30 day written notice to Nett-Tell llc. This requires the submission of our "Cancellation Form".
    2. Your account will be cancelled 30 days from the day Nett-Tell llc. receives your cancellation form given that all outstanding charges on your account are paid for. Your account will remain active until the outstanding balance has been paid in full. You will receive an email confirmation once the cancellation form is successfully submitted. If you do not receive confirmation due to an incorrect email address on file it is your responsibility to contact Nett-Tell llc. to verify that your cancellation request has been received.
    3. Cancellation form can be requested by contacting Nett-Tell llc.’s Customer Service department at (888) 975-8942
    4. Accounts which have an outstanding balance will not be closed. Nett-Tell llc. reserves the right to continue charging the account applicable monthly service fees if it is not cancelled in accordance to our cancellation policy.
    5. You will be responsible for all charges incurred up to the effective cancellation date, which may be later than the requested cancellation date due to administrative requirements.
    6. Accounts will not be closed unless all rental devices are returned within 7 business days of the account closure date.
    7. You are responsible for Early Cancellation Fees (ECF) if you choose to terminate your contract before its completion. ECF is calculated based on the monthly charges associated with the account multiplied by the number of months remaining on the contract.
    8. If you do not notify Nett-tell 30 days prior to the anniversary of your activation (end date of contract). Nett-tell contracts will renew automatically upon their expiration for successive one year terms.
  8. Customer Service:
    1. You may contact our Customer Service department for information, inquiries or concerns regarding the services or products offered to you by Nett-Tell llc., your account or any other matter relating to Nett-Tell llc., seven days a week, at (888) 975-8942. You may also write to Nett-Tell llc. at: 
      Nett-Tell llc.
      5348 Vegas Dr, Suite 509
      Las Vegas, NV
      89108
  9. Personal Information:
    1. Nett-Tell llc. will comply with its Privacy Policy with respect to personal information. The Privacy Policy can be found on Nett-Tell llc.’s website at http://www.nett-tell.com/privacy.html .
    2. Nett-Tell llc. reserves the right to amend its Privacy Policy from time to time, without notice. It is your responsibility to check for updates made to the Privacy Policy.
  10. General Terms of Service:
    1. These Terms and Conditions are binding upon you and on Nett-Tell llc. and are subject to change from time to time with written notification. You cannot assign or transfer your rights or obligations under these Terms and Conditions without Nett-Tell llc.’s prior written consent. These Terms and Conditions are governed by the laws of the province of Ontario.