Terms of Service
(i) Introduction
This document, in addition to any links or references to other pages and/or documents, along with any amendments collectively form the entire contract (“Contract”) between you and your business (“Customer” or “you”) and emak Telecom (“emak” or “we” or “our”).
It is very important that you read through the entire Contract. All parts cumulatively form a legal agreement between you and emak. To aid in clarity and understanding of your rights and responsibilities under this Contract, much of this document is written in question and answer format.
1. How do I accept this Contract? You accept this Contract as of the earliest of the following dates: (a) installation of your Services has commenced; (b) you use or access any of our Services; (c) you receive a copy of this document or link to this page.
2. What is covered by this Contract? This contract covers any services that you order or we provide to you (“Services”). This includes, but is not limited to phone, internet, hosting or any other services we provide.
3. What if parts of this Contract become unenforceable? In the event that any part of this Contract become unenforceable for any reason, all other sections continue to apply. If any part of this contract has not been enforced, it does not mean that it may not be enforced in the future and we retain the right to enforce any part of this contract at our discretion.
4. Est-ce que je peux recevoir ce Contrat en français plutôt qu’en anglais? Oui, certainement – si vous souhaitez que ce contrat soit plutôt rédigé en français, veuillez communiquer avec nous.
4. Can emak make changes to this contract? Yes. We may change any term or element of the Contract, Services or Fees. It is important that you check this page (https://emak.tech/terms-of-service/) often to ensure you understand the terms of your Contract while you continue to use our Services. Where required, we will provide notice of changes in writing at least 30 days before the effective date. No other statements, written or verbal, will change or amend this Contract.
5. What if I refuse a change you have made to this Contract? If you wish to refuse a change made to this Contract, you may cancel the impacted Service without penalty.
(ii) 9-1-1
This section contains important provisions, including those regarding 9-1-1 service
1. Description: 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 9-1-1 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 of 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 dialling. 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 has automatically generated 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 is 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 9-1-1 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:
9. 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 emak.
10. Alternate services: If you are not comfortable with the limitations of 9-1-1 emergency calls, emak recommends that you terminate the VoIP services or consider an alternate means for accessing traditional 9-1-1 emergency services.
11. 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.
For a complete description of our VoIP 9-1-1 service, please see review emak’s important 9-1-1 information at https://emak.tech/E911.
(iii) Fees, Billing and Payment
This section contains information about how services and fees are billed and specific information regarding payment.
1. How will I be charged for my Services? We will send you an invoice monthly based on your billing cycle, unless you have signed up for annual billing. Your billing cycle is determined by the date your services were first activated and will remain constant while you maintain your Services. Recurring monthly Services are charged in advance. In other words, the day your services are first activated, you will pay for the first month’s usage and so on. Pay per use Services, such as such as long distance, toll-free, collect calls, directory assistance calls, etc. are billed in the next billing cycle or in any billing cycle up to 120 days following the use of those Services in certain circumstances. Long-distance, toll-free, collect calls and directory assistance calls are rounded up to the nearest minute, unless otherwise stated. We do not currently charge late payment fees or interest on late payments, however we reserve the right to do so in the future.
2. How do I pay my bill? For up to date instructions on ways to pay your bill, see https://emak.tech/support/how-do-i-pay-my-bill/. By providing us a credit card or bank account (or other pre-authorized payment method) for your monthly payments, you give us the authorization to charge your credit card or debit/charge your account for all outstanding Fees, taxes and account balances due under this Contract, including any applicable pay per use services or NSF charges, and this constitutes our good and sufficient authority for doing so. You confirm that the credit card or bank account is in your name, is valid and has not expired. You must promptly advise us if your credit card or bank account information changes.
3. How do I dispute a Fee on my bill? If you wish to dispute a fee on your bill, you must do so within 90 days of the due date. If you do not dispute any fees within this period, you agree and accept all Fees. Any fees that are undisputed must still be paid. Fees which are disputed will be investigated internally and will not be considered past due until and unless a determination is made that all Fees are correct and that there is no basis for the dispute.
4. Can my Services be disconnected if I don’t pay my bill? Yes. We may disconnect your services if your account remains in arrears by 90 days or more. You will receive notification by email prior to any disconnections. We may disconnect Services for any past due bills, including bills that remain unpaid for hardware or other charges. It is important to keep your account in good standing to maintain active Services.
(iv) Warranties and Our Liability
EMAK Telcom’s terms of service limit and disclaim liability related to VoIP 9-1-1 service, so please read these carefully.
1. Does emak provide any warranties for its Services? We commit to doing everything feasibly possible to maintain the highest possible levels of service availability and our core is designed for high availability (“HA”). However, we do not make any warranties, claims or guarantees, express or implied, including fitness for a particular purpose, merchantability, with respect to any Services. We assume no liability for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of any Services (including any service outage).
2. Will I receive any credits for service outages? Credits may be issued at our sole discretion for any service outage or period of unavailability.
3. How does emak limit its liability? Neither emak, its affiliates or any of their respective officers, directors, employees, or agents may be held liable for (i) any claim, damage, or loss (including but not limited to profit loss), or (ii) any damage as a result of service outage, data loss. The Customer hereby waives any and all such claims or causes of action, arising from or relating to any service outage and/or inability to dial 911 from his Customer phone line or to access emergency service personnel unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of emak. Subject to the provisions of this agreement, emak does not provide any other warranties of any kind either express or implied, including without limitation the warranties of merchantability and fitness for a particular purpose.
The Customer agrees to defend, indemnify, and hold harmless emak, its affiliates, and their respective officers, directors, employees, agents, legal representatives and any other service provider that offers services to the Customer or emak in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs, expenses, legal fees, etc., by, or on behalf of, the Customer, any third party or user of the Customers’ service relating to the absence, failure or outage of the service, including 911 dialing and/or inability of the Customer or any third party or user of their service to be able to dial 911 or to have access to emergency service personnel, as well as any misroutes of 911 calls.