Terms and Conditions

By subscribing to and/or using CALLTURE INC. services, you agree to the following terms and conditions:

1. GENERAL. Rates and charges for services provided are available at the CALLTURE INC. website, and are posted in US Dollars unless otherwise noted. All rates and pricing are subject to change at the discretion of CALLTURE without prior notice. Monthly service charges will be applied on an ongoing monthly basis unless the service has been terminated via the methods indicated within section 17 of this agreement. The Applicant accepts responsibility for exchange rates and/or fees that may be applied by the Applicant's financial institution. Applicants will not hold CALLTURE INC. liable for error or unwanted calls made or received through provided services. Clients are advised to monitor the usage in their account and to only submit funds that are intended to fund service use. CALLTURE INC. reserves the right to refund only through service credit if an account is canceled; cash funds will not be paid out to refund prepaid balances upon account cancellation. Callture is not liable for providing new phone numbers which do not perform correctly in any way or manner. It is the Applicant’s responsibility to test all new Callture provided phone numbers, and/or when changes are made to an existing service by the Applicant or Callture to ensure full functionality. Applicant understands and agrees that Calture may authorize their credit card on file where applicable to ensure validity.

2. CALLTURE INC. has no control over the content of the information transmitted through its accounts. CALLTURE INC. does not (i) represent or endorse the accuracy or reliability of any opinion, advice or statement made through an CALLTURE INC. account, (ii) assume any liability for any harassing, offensive or obscene material distributed or received through an CALLTURE INC. account, or (iii) assume any liability for any material distributed through an CALLTURE INC. account which is distributed in violation of any third party’s copyright or other intellectual property right.

3. The Services may only be used for lawful purposes. Applicant is expressly prohibited from using the Services to transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. Applicant may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of such right by holder.

4. Applicant agrees to comply with all applicable laws, regulations, or conventions including those related to data privacy, international communications, and exportation of technical or personal data.

5. LIMITATION OF LIABILITY. As a material inducement for CALLTURE INC. to provide the services hereunder, Applicant agrees that UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CALLTURE INC. OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. Applicant agrees that CALLTURE INC is NOT responsible for any undesired consequences of what is deemed by CALLTURE INC to be 'hacking activities' conducted by third parties.

6. CALLTURE INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES TO APPLICANT AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE GOODS OR SERVICES PROVIDED. CALLTURE INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.

7. EFFECTS OF TARIFFS. Any and all tariffs and related provisions are made a part of this Agreement and shall control any inconsistency between the tariff and the terms and conditions of this Agreement.

8. UNCONNECTED CALLS. Applicant agrees that a per minute charge may be applied at the discretion of CALLTURE INC. to unconnected calls, where the percentage of unconnected calls is greater than 20% of calls to a given number.

9. INDEMNIFICATION. Applicant shall defend, indemnify and hold harmless CALLTURE INC., its officers, directors, employees and agents from any breach of this Agreement, use of Applicant’s account or in connection with the placement or transmission of any message, information, software or other content using the Services. CALLTURE INC. shall give written notice of any such claim, action or demand within a reasonable time. CALLTURE INC. shall be defended by attorneys of their choice at Applicant’s expense.

10. The headings of the sections of this Agreement are inserted solely for convenience and are not intended to be part of, or affect the interpretation or meaning of this Agreement.

11. LAW & ARBITRATION. This Agreement shall be governed by and construed in accordance with Canadian Federal law.

12. SEVERABILITY. If any provision or portion of this Agreement shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of this Agreement that can be given effect without the invalid provision or portion, and, to this end, the provisions or portions hereof are severable.

13. NO WAIVER. The failure of either party at any time, or from time to time, to require performance of any obligation under this Agreement shall in no manner affect the right of either party to enforce any provision of this Agreement at a subsequent time and shall not be construed as a waiver of any subsequent breach of that same provision.

14. TRANSFER OF SERVICE. Applicant agrees that a minimum amount of $30 per phone number in accrued payments must be made to CALLTURE-INC. before Transfer of Service may occur. Applicant agrees to pay all outstanding balances on all accounts with CALLTURE INC. in full before transfer of service may occur. Applicant understands that CALLTURE INC. does not receive notification from an unaffiliated service provider when service is transferred, and therefore agrees to provide said notification to CALLTURE INC. upon completion of the transfer of service. Regular service charges will continue to occur until this condition is fulfilled and confirmed by CALLTURE INC.

15. PRICE MATCHING. The Applicant agrees that Callture reserves the right to decide where “Price Matching” applies. Price Matching may only occur when Callture regards a competitor’s product or service to be identical in nature to a Callture product or service. The Price Matching discount applies to monthly service charges only, and not per minute rates or other non-recurring costs. Callture reserves the right to honour the price-matching agreement or revoke it at Callture’s discretion.

16. The submission of the application information and the use of the Services assume that Applicant has read and agrees to the terms in this Agreement. CALLTURE INC. reserves the right to suspend or terminate the Services if CALLTURE INC., in its sole discretion, believes Applicant is using the Services to engage in conduct which interferes with other CALLTURE INC. Customers’ use of the services, is harmful to CALLTURE INC., or third parties, or is otherwise in violation of this Agreement

17. TERMINATION OF SERVICE. The applicant agrees that services will not be considered terminated until all owed amounts have been paid in full to CALLTURE INC. and they have received a confirmation number of cancellation through one of two methods: 
i) By phone with a client services representative
ii) By online account contact through a Trouble Ticket or Special Request
The applicant agrees that upon account termination, Callture assumes ownership of phone numbers within the account that have not been transferred to another service provider prior to account closure. CALLTURE inc may terminate service at any time where full payment has not been made for past due amounts. Penalty for termination of a contract more than month to month is covered below.

18. REFUND POLICY. Where the Services are cancelled, either by the Subscriber or by Callture as provided herein, and there is an undisputed credit balance on the Subscriber's account, the Subscriber may require that it be refunded to the Subscriber and Callture reserves the right to charge a reasonable processing fee in connection with issuing refunds.

19. TERM:   The client agrees to purchase the subscribed services for the term set forth in the quotation and affirmed in the order.

 

Month to Month Agreements (MTM)

MTM agreements have no commitment and are paid on a month to month basis.

1, 2 and 3 Year Agreements

Clients subscribing to term agreements for 1 or more years are bound to the agreement term unless otherwise stated.

 

Early Cancellation Penalties for Term Agreements:

 

Clients are expected to fulfill the term subscribed to for all services.

However, if client wishes to cancel agreement during the course of an active term agreement, billing will continue for the number of seats subscribed (as ascertained at the point of requested cancellation) to conclusion of the term, unless they elect to “buyout” their agreement

Buyout terms are as follows:

 

Term Balance

Early Cancellation Penalty Amount (seat

How Calculated

Description

Office PBX

Original Term-Duration-Term Left=Term Balance

MTM

None

Not Applicable

12 Month

$50.00/seat

*Number of Active Seats x $50.00   x  1

24 Month

$50.00/seat

*Number of Active Seats x $50.00   x  2

36 Month

$50.00/seat

*Number of Active Seats x $50.00   x  3

* Full and Metered Seats- As billed   for previous 30 day billing cycle.

 

 

Term Balance

Early Cancellation Penalty Amount (seat

How Calculated

Description

Virtual PBX

Original Term-Duration-Term Left= Term Balance

MTM

None

Not Applicable

12 Month

Last 30 Day Paid Invoice Amount

Last 30 Day Paid Invoice Amount x1

24 Month

Last 30 Day Paid Invoice Amount

Last 30 Day Paid Invoice Amount x2

36 Month

Last 30 Day Paid Invoice Amount

Last 30 Day Paid Invoice Amount x3

* Virtual PBX -As billed for previous 30 day billing cycle.

 

 

 

20. TRIAL SYSTEMS:

Customers may elect to start with a trial system of 15 or 30 days.

All valid trial systems require a valid credit card on file to cover overages and or excess usage.

Trial system usage limits are defined below.

 

Applicable Products

 

Type of Minutes

Trial Period

Duration Days

Duration Minutes

Office PBX

Virtual PBX

Local (US and Canada)

15 Day

15 Days

500 Minutes Total Usage System

Office PBX

Virtual PBX

 

Local (US and Canada)

30 Day

30 Days

1000 Minutes Total Usage System

Office PBX

Virtual PBX

Toll Free Minutes

15 Day

15 Days

100 Minutes Total Usage/System

Office PBX

Virtual PBX

Toll Free Minutes

30 Day

30 Days

200 Minutes Total Usage/System

 

 

21. IP DEVICES SOLD THROUGH CALLTURE

Client may elect to purchase IP devices through Callture at the time of their initial order or any point during their service relationship with our organization. This covers all MTM, 12-36 Month and Trial System purchases.

-         IP Devices (including, but not limited to IP Phones, Licensed Softphones, ATA’s, Routers and other network devices) purchased through Callture are not returnable unless defective.

-         Defective returns requests must be made within the stated manufacturer's warranty period.

-         If deemed defective, IP Devices returned to Callture and or its distribution partners upon receipt are considered damaged due to excess wear and tear, intentional damage or use damage outside the scope of normal utilization, may be returned without further considerations at the sender's expense.

-         Customer is responsible for return shipping charges with tracking information.

 

 

22. E911 SERVICE, FEES and LIMITATIONS
Applicant agrees that a fee of $1.50 per month for each E911 enabled phone number will be billed to the applicant, regardless of whether the E911 service has been used. Applicant agrees that a one-time charge of $75 per E911 call will be applied to the monthly service charges for the month in which the E911 service has been used when address or location information has been deemed to be incorrect by CALLTURE. Applicant agrees to and understands the E911 Limitations of service contained within this page: https://www.callture.com/e911limitations.html and does not hold CALLTURE responsible for any and all situations resulting from the use of, or failure in the usage of the E911 Service.

23. Applicant agrees that a late fee may be levied by Callture for delinquent payments. Payments are considered to be delinquent if not made in full on the oustanding amount prior to the next monthly billing cycle or 31 days, whichever condition is satisfied first. Late fees are billed at a rate of 1.5% compounded monthly until which time full payment has been recevied on the original outstanding amount.

24. ON-SITE TECHNICIAN FEES
Applicant agrees that when a request has been made by the Applicant for a Callture service technician to do an on-site investigation, that should the issue being investigated be shown to caused by the Applicant, their network, Internet service provider or any reason other than Callture's service or hardware that a fee of $50 per hour will be billed accordingly and added to the Applicant's monthly invoice.

25. AUTOMATIC CREDIT CARD EXPIRY UPDATE
Applicant agrees that the credit card expiry date on file may be updated automatically as needed, where the service is available through their financial institution or credit card provider.

26. DISCLAIMER OF LIABILITY FOR SMS AND TEXT MESSAGE SERVICES
In using Callture's SMS and text messaging services, the Applicant acknowledges and accepts that there may be limitations on their functionality, including non-compatibility with certain services requiring 'verification' text messages. Additionally, the Applicant agrees that Callture shall not be held responsible or liable for any failures in sending or delivering such SMS and text messages. Furthermore, the availability of these services may vary depending on the type of phone number used, including but not limited to US or Canadian local phone numbers and Toll Free numbers. In accordance with applicable regulations, additional verifications may be required by Callture or its providers prior to activating these services.

27. SENDING AND STORING OF MEDIA
The applicant acknowledges and agrees that the Company shall not be held liable for any failure to provide new or previously provided call recordings, voicemails, greetings, voice prompts, faxes, texts or any other forms of media.

ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO ANY SPECIFIC CALLTURE INC. SERVICE OR PRODUCT MAY BE FOUND ON THE WEBSITE AND ARE INCORPORATED HEREIN AS IF FULLY SET FORTH FOR THAT SERVICE OR PRODUCT.