LEAFTEL SUBSCRIBER AGREEMENT
This Agreement (“Agreement”) is between Leaf Telecommunications, and an end user of Leaf’s enhanced voice communications services as described below. This Agreement governs both the services described below and any devices provided by Leaf for use in conjunction with the services, including but not limited to the “Leaf Equipment” (as defined herein). In this Agreement, “you” and “your” mean the customer of the Leaf services defined below, and “Leaf,” “we,” “our,” and “us” mean Leaf, and any Leaf affiliates authorized to provide you with Leaf services.
BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT, INCLUDING THOSE PERTINENT TO 911 EMERGENCY DIALING, AND TO THE PRICES, CHARGES, TERMS AND CONDITIONS PROVIDED TO YOU WITH RESPECT TO THE SERVICE DURING THE SERVICE REGISTRATION PROCESS, INCLUDING IN MARKETING AND INFORMATIONAL MATERIALS ASSOCIATED WITH YOUR OFFER, AND ON THE www.Leaf.ca SERVICE WEB SITE, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THE AFOREMENTIONED TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING LEAF AT 1-844-337-5323 FOR FURTHER DIRECTIONS. CERTAIN TELEWORKER OFFERS WILL CONTAIN ADDITIONAL TERMS AND CONDITIONS WHICH ARE HEREBY INCORPORATED HEREIN BY REFERENCE, AND WILL GOVERN IN THE EVENT OF A CONFLICT WITH THE TERMS OF THIS AGREEMENT.
Your phone number and name may show up when You call someone. You can block this “Caller ID” for most calls by dialing *67 before each call, or by ordering per line call blocking (dialing *82 to unblock) where it’s available. You can’t block Caller ID to some numbers, such as toll free numbers. Although it’s illegal for unauthorized people to intercept Your calls, such interceptions can occur. We may also monitor or record our calls with You for training or quality assurance. These Terms & Conditions may be changed and updated from time to time by Leaf. Leaf will post updated Terms & Condition on its website (www.leaftel.ca) and may additionally give notice of any changes by letter, monthly bill or otherwise. Your continued use of the relevant Services thereafter will be deemed acceptance by you of such changes. Please keep visiting our web site for the latest Terms & Conditions.
1. SERVICE DESCRIPTION.
Leaf Service is an enhanced voice communication service whereby the voice communication is converted to Internet Protocol (“IP”) and carried, in part, over high-speed Internet access, also known as broadband Internet service. This service may be generically referred to as “voice over IP”. It is separate and distinct from standard Leaf Local, Local Toll and Long-Distance services. “Service” or “Services” is defined to include Voice over IP calling and certain calling and call management features or advanced features associated with the Service, including additional features or advanced features which Leaf, in its sole discretion, may add, modify, or delete from time to time.
2. SERVICE REQUIREMENTS.
Leaf Service requires: (a) specialized customer premises equipment called a telephone device (“Leaf Equipment”) obtained through Leaf or a third party that allows connectivity from a regular telephone handset (which you need to supply) to your broadband connection and which you are responsible for installing yourself pursuant to instructions provided to you by Leaf or a third party supplier; and (b) a broadband connection via cable modem (2-way cable) or DSL with broadband capability of at least 128 Kbps upstream speed that you have a right to use at your own expense. Since voice over IP is dependent on the broadband connection, the availability of an adequate power supply and correct Leaf Device configuration, Leaf does not guarantee that the service will be continuous or error-free. In addition, Service may, from time to time, be interrupted for equipment, network, or facility upgrades or modifications.
3. LEAF SERVICE 911 EMERGENCY DIALING.
PLEASE READ THE INFORMATION BELOW ABOUT 911 DIALING CAREFULLY. BY USING AND PAYING FOR THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO ALL OF THE INFORMATION BELOW REGARDING THE LIMITATIONS OF LEAF911 EMERGENCY DIALING SERVICE, AND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 OR e911 CALLS.
9-1-1 emergency calling using Leaf home phone Service provides a more limited form of 9-1-1 emergency calling than that available using traditional wireline 9-1-1 emergency calling. You acknowledge and understand that when You dial 9-1-1 using Leaf home phone Service, Your 9-1-1 emergency call will be subject to the following limitations:
- Your 9-1-1 emergency call will be routed to a third party call centre agent designated by Leaf (an “Operator“) before being transferred to the appropriate Public Service Answering Point (“PSAP“); The use of a call centre increases delays related to handling of 9-1-1 emergency calls and thus increases the risk to the individual in an emergency calling situation;
- Unlike traditional wireline 9-1-1 emergency calling, Leaf home phone Service will not automatically provide such Operator with Your address and telephone number. You must orally provide the Operator with Your address and telephone number. Once You have successfully provided the Operator with all of the required information, the Operator will route Your call to the appropriate PSAP which serves the address You have provided;
- When making a 9-1-1 emergency call, do not hang up until requested to do so, and if You are prematurely disconnected, You must call back. The Operator and the PSAP do not have an automatic call back capability;
- The 9-1-1 emergency call may not be handled by the PSAP in the same way as traditional wireline 9-1-1 services;
- 9-1-1 emergency calls made from locations outside of Canada cannot be completed by the Operator. The caller will be told to use an alternate service to dial 9-1-1;
- If there is a power outage, such outage will prevent all elements of the Service, including 9-1-1 emergency calling, from working; and
- Leaf home phone Service utilizes an Internet connection and the public Internet. As a result, there is a greater possibility of network congestion, other types of service outages and/or reduced speed in the routing of a 9-1-1 emergency call as compared to traditional wireline 9-1-1 emergency calling.
User Obligations In Respect of 9-1-1 Emergency Calls: You agree:
- to ensure your contact information on file with Leaf is always accurate and kept current;
- to inform any persons with access to the Leaf home phone Service being provided to You of the 9-1-1 emergency calling limitations set forth in these Terms & Conditions; and
- that when installing or moving the location of Your Voice over Internet Protocol (“VoIP“) telephone or VoIP telephone adaptor from one address to another, You will always make sure that You record the current address and telephone number in a location easily visible from each telephone connected to the Service so that it can be communicated to the Operator and the PSAP by any potential user of Digital Phone Service in an emergency.
- Indemnity In Respect of 9-1-1 Emergency Calls:
- Without limiting the indemnification obligations in these Terms & Conditions, You further agree to indemnify and hold Leaf, its officers, directors, employees, suppliers and agents harmless from any and all third party claims or actions arising out of any misrouted, blocked and/or delayed 9-1-1 emergency calls made using the Leaf home phone Service being provided to You.
YOU ACKNOWLEDGE THAT LEAF DOES NOT OFFER PRIMARY LINE OR LIFELINE SERVICES, AND THAT LEAF STRONGLY RECOMMENDS THAT YOU ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.
4. OTHER SERVICE DISTINCTIONS
- Privacy and Security Voice over IP communication utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. You acknowledge and understand that Leaf cannot guarantee that voice over IP communication is completely secure. Leaf always respects your privacy and treats the content of all communications as private, except as may be required by law.
- Power Outages You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption in the power supply; the Service will not function until power is restored. A power failure or disruption may require you to reset or reconfigure equipment prior to utilizing the Leaf Service
- Broadband Service Interruptions You acknowledge and understand that the Service does not function in the event of interruption of your broadband or high speed Internet access service
- Home Security Systems and other Non-voice Communications Equipment
All non-voice communications equipment, including but not limited to, home security systems that are set up to make automatic phone calls, fax machines, modems and medical monitoring devices, may not be compatible with Leaf Service. By accepting this Agreement, you waive any claim against Leaf for interference with or disruption of such systems due to the Services
- Limitations on unlimited calling plans: Please note that our Unlimited World Plan does not include unlimited calling to the following areas: Argentina General (54), Austria Special Regions (6113, 6118), Belgium Special Regions (3270), Yukon, Nunavut and N.W.T., Chile Rural Regions (562), Finland Non-Geographic Regions (35871), France Special Regions (338), Ireland Non-Geographic Regions (35376, 353818), Israel-Palestine (97222,97242,97282,97292, 97256, 97259), Japan Military Regions (813117, 816117) and Spain Special Regions (3451, 3470, 3480, 3490).
- Local Number Portability In the event you are not utilizing a new phone number for your Leaf Service, but rather are transferring an existing phone number referred to as Local Number Portability or Number Porting or LNP, which currently is subscribed to a carrier other than Leaf for local, local toll and/or long distances telecommunications services, to Leaf Service, the terms and conditions of this paragraph shall apply
- you hereby authorize Leaf to process your order for Leaf Service and to notify your local telephone company of your decision to port your local, local toll and long distance services to Leaf Service, and represent that you are authorized to take this action;
- you agree and acknowledge that if you set up your Leaf service prior to the date that the number switch becomes effective (“Port Effective Date”), you will be able to make outgoing calls only over the phone you have connected to the Leaf device. In such event, you should keep another phone connected to an existing phone extension at your service location to receive incoming calls until the Port Effective Date, after which you will be able to both make and receive calls using the Leaf Service; and
- you agree and acknowledge that if your Leaf device is not yet activated as of the Port Effective Date, your existing phone service for the number you are transferring will be disconnected you will have no service for that line. Therefore, to avoid an interruption in your phone service, it is extremely important that you install the Leaf device prior to, or on, the Port Effective Date. An estimate of the Port Effective Date will be sent to you via a Final Order Confirmation e-mail referred to as the FOC e-mail by Leaf following your completion of the ordering process.
5. USE OF SERVICE
- Lawful, Non Fraudulent Use of Service and Leaf device Leaf will accept no more than 3 orders for Leaf service per household. You agree to use the Service and Leaf device only for lawful purposes. You will not use the Service or Leaf device for any unlawful, abusive, or fraudulent purpose, including, for example, using the Service in a way that (1) interferes with our ability to provide Service to you or other customers; or (2) avoids your obligation to pay for communication services. If Leaf has reason to believe that you or someone else is abusing the Service or using it fraudulently or unlawfully, we can immediately suspend, restrict, or cancel the Service without advance notice. The Leaf device is intended for use only in Canada. If you remove the Leaf device to a country other than Canada and attempt to use the Service from there, you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. Leaf reserves the right to terminate your service immediately and without advance notice if you violate the above restrictions, leaving you responsible for all outstanding charges, all of which immediately become due and payable.
- Theft of Leaf equipment or service You agree to notify Leaf immediately, in writing or by calling the Leaf customer support line, if the Leaf device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Leaf device theft or stolen or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you.
- Prohibited Uses of Service or Inconsistent with Normal Use
- You are expressly prohibited from reselling or transferring the Service or Leaf equipment to any other person for any purpose, without express written permission from Leaf in advance. In addition, you are expressly prohibited from using the Service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting, or for uses that result in excessive usage inconsistent with normal residential or home office usage patterns. If Leaf determines, in its sole discretion, that you are reselling or transferring the Service or that your Service is being used for any of the aforementioned activities, Leaf reserves the right, without advance notice, to immediately terminate or modify the Service, or to change your calling plan to a different offer on a prospective basis, and in addition, to assess additional charges for each month in which excessive usage occurred. If you subscribe to a calling plan which included unlimited calling of any type, unless otherwise specified by your specific plan in marketing materials associated therewith, any usage in excess of 3,000 aggregate minutes per month, or other use which inconsistent with normal use as described in paragraph 2 below, taking into account all types of calling in your plan which are provided on an unlimited basis, shall be presumed to be not consistent with these restrictions and shall be subject to the conditions described within this section c.
- If you use the service, any feature or the device in a way that is inconsistent with the normal use for your service, feature or plan, you will be required, at Leaf’s sole discretion, to pay the rates for the service, feature or plan that would apply to the way you used the service, feature or device, or terminate the plan. For example, if you subscribe to our residential service plan, and your usage is inconsistent with normal residential use, you may thereafter be required to pay our applicable, metered rates that Leaf applies for commercial service for all future use of our service for the device that was inconsistent with normal residential use. Unlimited voice services are provided primarily for continuous live dialog between two individuals. Lack of continuous dialog activity, unusual call patterns, excessive conferencing or call forwarding, excessive calling to inflated tariff areas, excessive numbers and/or consistent excessive usage will be considered indicators that use may be inconsistent with normal use, or that impermissible use may be occurring and may trigger an account review or further action by us. We may determine inconsistent use based on material deviations from the usage patterns and levels of most of our customers using the same and/or similar service plans, features or devices. Failure to contact Leaf in response to its notifications and/or failure to promptly correct usage activity to conform to normal use will result, in Leaf’s sole discretion, in immediate mandatory transfer to another appropriate plan (which may be higher in cost), suspension or termination of service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable disconnection and recovery charges.
- Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software The Service and Leaf device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Leaf device, and all Services, information, documents and materials on Leaf’s web site(s) 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 “Marks”) of Leaf are and shall remain the exclusive property of Leaf and nothing in this Agreement shall grant you the right to right or license to use such Marks. You acknowledge that you 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 Leaf device, other than a non-transferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Leaf device is exclusively for use in connection with the Service. If you decide to use the Service through an interface device not provided by Leaf, which Leaf reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless Leaf against any and all liability arising out of your use of such interface device with the Service. Leaf reserves the right to change any of the plans being compared at any time without prior notice. Leaf is a registered trademark of CDTel. Other trademarks appearing are the property of their respective owners.
- Tampering with the Leaf device You agree not to change the electronic serial number or equipment identifier of the Leaf device, or to perform a factory reset of the Leaf device, without express permission from Leaf in each instance. Leaf reserves the right to terminate your Service should you tamper with the Leaf device
- Broadband compatibility Leaf does not warrant that Leaf home phone will be compatible with all broadband services and expressly disclaim any express or implied representations, warranties or conditions regarding the compatibility of the Leaf home phone with any particular broadband service or other services, facilities, equipment or other infrastructure.
6. CANCELLATION OF SERVICE BY YOU OR LEAF.
If for any reason you cancel Leaf service or if Leaf cancels the Service pursuant to the terms of this Agreement, Leaf will provide instructions on how to return the Leaf device (Leaf equipment) at your expense. All material must be returned intact within 14 days of the earlier of (i) the date that Leaf requests the return of the Leaf equipment or (ii) the date of your Service cancellation, in order to get a refund, if applicable, or avoid extra charges.
Term Contracts: Upon completion of a contract term, a subscriber will be automatically placed on a monthly billing plan with an option to review on a contract term. Additional charges may apply on a monthly billing plan as a contract term may confer promotional rates or discounts. The Subscriber is responsible for early cancellation fees (ECF) of their contract period. ECF shall be calculated by multiplying the number of months remaining on the contract by the monthly fees associated with the Services in the contract. The contract start date for Leaf service shall be the first statement date the Leaf equipment is registered on the Leaf service network and billing has commenced. Third party termination requests will not be accepted.
No-Contract: Subscribers enrolled in a month-to-month package shall only be liable for the charges used up to one month after their cancellation date. In addition the Subscriber will be responsible for all charges for the Standard Service incurred up to the effective cancellation date. The Subscriber must formally and personally request cancellation. Third party termination requests are not approved.
Device Fee: If you have rented or received a free device from Leaf on a 1 year term, the device must be promptly returned to Leaf in its original condition and original packaging – in the event that this requirement is not met, an $80 device rebate fee will be applied.
- If you are enrolled on a contract term with Leaf and you have received a free device from Leaf and cancel after the 30-Day Money Back Guarantee period and within 6 months from your account creation date, you will be charged an $80 equipment rebate fee. The device rebate fee becomes due and payable when applied and will be billed directly to your credit card or included in your final invoice.
30-Day Money Back Guarantee: Leaf offers a money back guarantee, if you are dissatisfied with our service for any reason, we will provide a full refund of your Monthly Plan Service Charges if you cancel your service within 30 days from your first invoice date. The full refund of your Monthly Plan Service Charges is applicable upon return of the Device(s) if returned within fourteen (14) days of termination under the following conditions: a) The Device must be undamaged and in original condition and packaging with the UPC or bar code intact and b) All documentation and packaging materials are returned. You are responsible for return shipping. Equipment not returned or returned incomplete/missing components and packaging will not be eligible for the Money Back Guarantee and subjects you to a $80.00 plus tax device fee.
How long is the refund process? Once we receive the returned item you have shipped (Device(s) returned within fourteen (14) days of termination), it may take 24-48 hours to process the refund. Once the refund is processed, it is up to the issuing bank as to when the refund will be reflected on your bank statement.
Where is the returns department located? Leaf™ Returns Dept. 177 Nepean St. Ottawa, Ontario. K2P 0B4 c/o Kelly Stirling.
7. BILLING AND PAYMENT FOR SERVICE
- Leaf will render to you monthly on-line call detail records for Leaf service, with the following charges: We will bill all charges, fees, applicable taxes and surcharges for each Service Term in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your payment method, including but not limited to: activation, shipping, local number portability (LNP), early termination, plan change, separate features, modifying features on your account, inside wire and installation, disconnect and/or other fees, as further described in the marketing materials pertinent to your offer. You may incur charges or experience a change in the terms of your plan offer if you change your phone number after your Leaf service has been activated. Leaf reserves the right to increase the frequency of your billing if at any time the amount you owe Leaf for the service exceeds $75. If, in addition, you also receive traditional non-Voice over IP local, local toll and/or long distance services from another provider, the charges for these services will not appear on the same online bill. You will continue to be separately responsible for those charges.
- Payment Method for Online Bills You authorize Leaf to charge any amounts payable by you in connection with your use of the Service automatically by credit card. Your right to use the Service is subject to any limits established by your credit card issuer. Your charges and credits issued in accordance with Section 7(a) above will appear on an online billing statement that you may access from the Leaf web site at www.leaftel.ca. You give Leaf permission to obtain authorization for use of your credit card from your credit card issuer. You must promptly update Your Account information whenever your personal or billing information changes (including, for example, your name, address, e-mail address, telephone number, credit/debit card number and expiration date, other payment methods). This is very important for many reasons, including those regarding your possible use of the Services to make emergency 911 calls. You must also promptly notify Leaf if your card or other payment method is cancelled (e.g., for loss or theft). You acknowledge that providing invalid or false information can be ground for suspending or terminating any Service, in this circumstances you are still liable for all accrued charges. You agree to assume all liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information.
- Commencement of Billing You understand that you are responsible for self-installing the Leaf device once you receive it. Once your order is processed and the Service is provisioned, we will ship you the Leaf device by mail, and will begin billing for the Services promptly after the Leaf device shipment date (we refer to this date as the “First Invoice Date”). Your First invoice will be included with your Leaf device package and will also be emailed to you. All Subsequent invoices will be sent via email to the email address provided and on file. You are encouraged to complete installation of the Leaf device promptly because you will be responsible for full payment for the charges on your Leaf bill even if you have not yet installed the Leaf device and used the Service at the time the bill is rendered.
- Price Changes We may change the prices and charges for the Services and/or international calling from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Services and/or international calling are effective no sooner than fifteen days after we post them on our web site at http:// www.leaftel.ca. Increases to charges that recover our costs associated with government programs are effective no sooner than 3 days after we post the increases on our web site.
- Charges and Billing Charges accrue through a full billing period. To determine the charge for each international call, we round up to the next full minute for any fraction of minutes used. We will determine the format of the bill and the billing period, and we may change both the bill format and the billing period from time to time.
- Disconnection; Discontinuance of Service. We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final Service Term charges. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for all charges through the end of the current Service Term, including unbilled charges, plus the disconnection fee, if applicable, all of which will immediately be due and payable. Leaf will pursue collection for unpaid amounts on disconnected accounts and may report to and exchange credit and personal information with any credit/consumer reporting agency and financial institution relating to this Agreement. In the event of a suspension or termination of the Service, all features and other services, will also be suspended or terminated. You acknowledge and agree that a suspension or termination without notice will not affect Your obligation to pay any amounts owed to Leaf either during or after the suspension or termination, including the full month’s charges for the month in which Your Service is suspended or terminated. If the Service is suspended or terminated for non-payment or otherwise for cause relating any of the reasons listed above, a reconnection charge may be applied for reconnecting the Service. Following a suspension or termination of Service, Leaf cannot guarantee the availability or resumption of any previous numbers, codes or other identifiers that may have been applicable to You.
- Service Disconnection on Number Transfer or “Port”.
- Single line Accounts. You may be able to take, or “port,” your current number to another service provider. If you ask your new service provider to port a number from us, we will terminate our service for that number promptly after we receive notification from our competitive local exchange carrier that the porting of your number to your new service provider has been completed successfully. We will terminate our service in this fashion even if you have not independently called us to request disconnection. Once your service is terminated in this manner, you will remain responsible for all charges and fees through the end of the current billing cycle, including any unbilled charges, as well as for any applicable disconnection or recovery fees that may be applicable as provided in. If a port is unsuccessful for any reason, then unless you independently call us to request disconnection or unless we determine to disconnect your line as stated in these Terms & Conditions, your service and your agreement with us will not terminate, you will remain a Leaf customer, and you will continue to be responsible for all charges and fees associated with your Leaf service.
- Multiple-line Accounts. If you request your new service provider to port a number from us and you have multiple numbers assigned to your account and/or additional devices such as the Softphone on your account, you are required to inform us, by calling us, of your intent to terminate all the services on your account, prior to the successful completion of the requested port or we will select the most appropriate billing plan for any remaining numbers and/or devices on your Leaf account, and you will continue to be responsible for all the charges and fees associated with the remaining services on your Leaf account. Once the port of the requested number is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any applicable disconnection fees and recovery fees that may apply to the ported number.
- Service Disconnection on Number Transfer or “Port”.
- Past Due Amounts & Late Payments. Past Due Amounts are payable upon receipt of the statement and current balances are due no later than 20 days after the statement date. In order to avoid paying any Late Payment charges, the total amount owing must be paid in full within 20 days of the statement date. Any unpaid balance is subject to a late payment charge of 1.6% per month, compounded monthly (20.98% per year) until paid in full. Overdue accounts are also subject to a suspension of service.
- Taxes and Other Charges Leaf will charge you for and you must pay any applicable taxes, fees, surcharges or other charges associated with nationwide and international calls using the Service, unless you can show with documentation satisfactory to us that you are exempt. Taxes will be in the amounts that federal, provincial and local authorities require us to bill you. A monthly paper billing charge of $1.95 applies if You choose to receive Your invoices by mail. There are no billing charges if You choose to receive Your invoices through Leaf’s automated email billing system, or in the case of Leaf Dial-Around where the service is billed on Your local phone company’s bill.
- No Credit Allowances for Interruption of Leaf service You acknowledge and agree that the Services are provided “as is.” Credit allowances for interruption of Leaf service, including international calling services, will not be provided.
- You consent and agree that Leaf has the right to and may check Your credit rating from time to time, including in advance of initiating Service for You. You consent to the receipt and provision of account information from and to credit grantors and credit bureaus, as well as collection agencies if and as required. You agree that, for Services other than Leaf Dial-Around, You will give Leaf prior written notice of any changes to Your billing information, including but not limited to Your new address, new contact information and any revised credit card or other authorized payment mechanism information.
- Suspended Leaf accounts will be charged a $35 CAD suspension charge. Reactivation of suspended Leaf accounts will be charged a $35 CAD reactivation fee.
- Return shipments of equipment or materials to customers which are not received may result in a one-time charge of $14.95
8. INSTALLATION OF SERVICE.
Leaf does not make available home wiring solutions.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD LEAF, ITS AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, HARMLESS FROM CLAIMS OR DAMAGES RELATING TO OR ARISING OUT OF THIS SERVICE, THE LEAF DEVICE, OR ITS INSTALLATION, OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO THE LACK OF 911 DIALING OR DIALING ASSOCIATED WITH A SECURITY SYSTEM. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.YOU AGREE THAT LEAF SHOULD NOT BE RESPONSIBLE FOR ANY THIRD PARTY CLAIMS AGAINST US THAT ARISE FROM YOUR USE OF THE SERVICES. FURTHER, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES, UNLESS SUCH CLAIMS ARE BASED ON OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.
10. LIMITATIONS OF LIABILITY.
BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR THE SERVICES, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF LEAF SERVICE DESCRIBED HEREIN. LEAF’S LIABILITY TO YOU ON ACCOUNT OF ANY ACT OR OMISSION OF LEAF RELATED TO THIS AGREEMENT, INCLUDING ACTS OR OMISSIONS RELATED TO 911 DIALING, SHALL BE LIMITED TO ACTUAL DAMAGE TO REAL OR ATANGIBLE PERSONAL PROPERTY, OR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY LEAF’S INTENTIONAL MISCONDUCT OR RECKLESSNESS. EXCEPT FOR DAMAGES THAT ARE THE DIRECT RESULT OF LEAF’S WILLFUL OR INTENTIONAL MISCONDUCT, YOU WILL NOT BE ENTITLED TO ANY OTHER DAMAGES, INCLUDING INDIRECT OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS OR REVENUE OR OTHERWISE REGARDLESS OF THE FORM OF ACTION. LEAF AND OUR EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR LOSS OF PROFITS OR REVENUE OR ANY DAMAGES OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, DATA OR PERIPHERALS.LEAF SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES RESULTING FROM INSTALLATION WORK PERFORMED BY YOU OR BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY WIRING, SOFTWARE DOWNLOAD OR OTHER WORK ASSOCIATED WITH ENABLING THE SERVICE OR CREATING EXTENSIONS THERETO.
EXCEPT AS THIS AGREEMENT EXPRESSLY STATES, WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICES OR EQUIPMENT OR ANY INSTALLATION SERVICE AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, LEAF EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
- No Third Party Rights This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
- Acts Beyond Our Control Neither you nor we will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any Services used.
- Assignment We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent.
- Notices Notices from you to Leaf must be provided as specified in this Agreement. Notice from you to Leaf made by calling Leaf at 1-877-422-9103 is effective as of the date that our records show that we received your call. Leaf’s notice to you under this Agreement will be provided by one or more of the following: posting on our web site, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, call to your billed telephone number, or e-mail to an address provided by you.
- Separability If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
- Governing Law The Agreement and the relationship between you and us is governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section g., you shall submit to the personal and exclusive jurisdiction of the courts located within the Province of Quebec and waive any objection as to venue or inconvenient forum.
- Mandatory Arbitration and No Jury Trial. Except to the extent contrary to applicable law, any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by a Canadian arbitration organization of our choosing. The arbitration shall take place in Montreal, Quebec and shall be conducted in English. The arbitrator’s decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED, except to the extent such a limitation is prohibited by applicable law. All claims shall be arbitrated individually. Except to the extent contrary to applicable law, you shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN QUEBEC.
- No Waiver of Rights. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
- Entire Agreement. This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and Leaf and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and Leaf and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
- Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
- French Language. The parties confirm that it is their express wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations, have been and shall be drawn up in the English language only. Les parties présentes confirment leur volonté expresse que cette convention, de même que tous les documents s’y rattachant, y compris tout avis, annexes et autorisations s’y rattachant, soient rédigés en langue anglaise seulement.
13. FUTURE CHANGES TO THIS AGREEMENT
We may change the terms and conditions of the Service and this Agreement, as well as amounts charged under this Agreement, from time to time. Notices will be considered given and effective on the date posted on www.leaftel.ca, or as otherwise may be required by applicable law. Subject to applicable law, such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted or otherwise amended in accordance with applicable law, supersedes all previously agreed to electronic and written Terms & Conditions, including, without limitation, any written terms enclosed within the packaging of the device. If this Agreement is amended and you do not wish to accept the amendment, you may terminate the Agreement as provided in Section 6.
- Personal Information: To the extent that personal information is provided in connection with this Agreement, the customer confirms that he or she consents, and that all other necessary consents have been obtained, to the use, collection and disclosure by Leaf, assignees of Leaf, and their respective affiliates, agents and contractors for the following purposes: (i) providing products and services to the customer, (ii) contract management and administration, (iii) establishing a customer relationship and communicating with customers, (iv) developing, implementing and managing products and services for customers, (v) assisting in law enforcement purposes and collecting unpaid debts, (vi) protecting, managing and promoting their business interests and activities; (vii) providing information to the customer on other products and services which may be available; and (viii) otherwise as required or permitted by law or this Agreement. The customer may withdraw his or her consent in respect of clause (vii) above, without affecting his or her other arrangements with Leaf, by notifying Leaf’s Privacy Officer in writing at email@example.com. Further information on Leaf’s privacy policies, as well as access to any such personal information for purposes of review, correction and updating, may also be obtained by writing to the Privacy Officer. For the purposes of this Section 14.2, “personal information” does not include the name, address and telephone number of a subscriber that appears in a publicly available telephone directory.
15. EXPORT CONTROLS
You agree to comply fully with all relevant export laws and regulations of Canada, and without limiting the generality of the foregoing, you expressly agrees that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of the Service or any direct product thereof to any destination, company or person restricted or prohibited by such laws or regulations.