Master Service Agreement
This Master Service Agreement (“Agreement”) governs all the terms and conditions associated with a Customer’s (“you,” “user” or “Customer”) use of CITITONE support services, business communications services and any related products or services (“Service”) offered by or through CITITONE COMMUNICATIONS LIMITED. (“we,” “us” or “CITITONE”).
Since signing up for CITITONE services is an online transaction, it is understood between CITITONE and the Customer that online acceptance of this Agreement will carry the same legal authorization as if the Customer is providing a handwritten signature of acceptance. Should you object to the “The Terms and Conditions”, any guideline or any subsequent modifications thereto or become dissatisfied with CITITONE in any way, your only recourse is to immediately discontinue use of CITITONE.
1. Language of the Agreement.
CITITONE and the Customer confirm that they wish to have this Agreement written in English only.
2. Products and Services Description.
CITITONE provides a collection of online services and support for VoIP and data networks including but not limited to VoIP technical support web pages, VoIP device configuration documentation web pages, live web chat support, trouble ticket support, email support, network and systems monitoring, IP PBX server maintenance, network consulting, Linux server support, offsite backup data storage. VoIP services using H323 or SIP compliant hardware devices and Unified messaging services which shall all be referred to as (the “Service”) in this agreement. By using any of these Services in any way you agree to abide by any applicable posted guidelines for all CITITONE services which may change from time to time. You can find the most recent version of the Terms and Conditions and its Appendixes at https://www.cititone.ca/selfcare/terms.php.
3. Opening an Account.
|a.||Credit References. CITITONE may refuse to provide services to a Customer if the Customer’s credit is not deemed satisfactory which determination shall be made at CITITONE’s sole discretion. NOTICE: CUSTOMER EXPRESSLY AUTHORIZES CITITONE AND/OR THIRD-PARTIES DESIGNATED BY CITITONE TO PERFORM A CREDIT CHECK AND / OR FRAUD SCORE BASED UPON THE INFORMATION PROVIDED IN THE APPLICATION FORM WHEN OPENING AN ACCOUNT AND THE ELECTRONIC SIGNATURE BELOW SHALL SERVE AS WRITTEN CONFIRMATION OF THIS AUTHORIZATION. ALL INFORMATION PROVIDED BY THE CUSTOMER SHALL REMAIN CONFIDENTIAL AND SHALL NOT BE DISSEMINATED TO ANY THIRD PARTIES EXCEPT TO THOSE THIRD-PARTY’S EXPRESSLY AUTHORIZED HEREIN.|
|b.||Usernames/Passwords. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD. THE CUSTOMER EXPRESSLY AGREES TO BE LIABLE FOR ALL SERVICES CHARGED TO THEIR ACCOUNT WHETHER OR NOT CUSTOMER HAS AUTHORIZED SUCH USE. AS SUCH, CITITONE CANNOT BE HELD RESPONSIBLE FOR FRAUDULENT CHARGES THAT RESULT FROM THEFT OR FRAUDULENT USE OF THE CUSTOMERS ACCOUNT OR CREDIT CARD INFORMATION. If a Customer suspects that their Account, Username and/or Password is being used in an unauthorized manner, the Customer shall be required to contact CITITONE within twenty-four (24) hours of a Customer’s suspicion or awareness that unauthorized use has occurred on their Account so that the appropriate modifications can be made to prevent any further unauthorized usage on that Account. ALL ACCOUNT INFORMATION WILL BE SENT TO THE E-MAIL ADDRESS PROVIDED BY THE CUSTOMER AT SIGN UP. Therefore, it is the Customer’s responsibility to provide CITITONE with a secure e-mail address as CITITONE will not be responsible and shall be held harmless for any access to Customers Account by any unauthorized persons.|
ALL SERVICES PROVIDED ARE PROVIDED ON A PRE-PAID BASIS ONLY. As a Customer uses CITITONE’s services, their Account will be debited accordingly. No services will be provided if the Customer’s Account does not have a sufficient balance to cover the cost of the service requested.
5. Recharging Account.
In the event a Customer wants to use CITITONE’s services in an amount, which exceeds the remaining balance in their Account, they may access the Website and recharge (or supplement) their Account by purchasing additional services. Customer also has the option of setting their account in auto-re-charge position with a predefined amount of automatic re-charge using the credit card information maintained on file with CITITONE. The Customer will receive an electronic confirmation/receipt from CITITONE of any such re-charge.
CITITONE’s rates are listed on its Website. You are responsible for checking all applicable rates/promotions before using CITITONE’s services. While CITITONE endeavors to maintain rates that are competitive in the market, CITITONE does not guarantee that its rates will change in any predictable fashion. In addition, should market conditions or factors outside of CITITONE control raise its costs or wholesale rates to some or all service destinations, CITITONE reserve the right to adjust its rates accordingly.
7. Rate Changes.
CITITONE RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY ITS RATES, MONTHLY FEES, SURCHARGES, AS WELL AS ANY OTHER FEES COLLECTED BY OR PAID TO CITITONE UNDER THE TERMS OF THIS AGREEMENT AND THIS AGREEMENTS APPENDIXES. If a Customer chooses to terminate their Account as a result of changes in CITITONE’s prices, the Customer must CANCEL their account no later than the twenty-sixth (26) day of the month. You must then e-mail customer support or open a trouble ticket to request a refund of any funds within your balance. If CITITONE does not receive notification by the Customer by the twenty-sixth (26) day of the month the Customer’s account will be charged for the next monthly billing cycle. Any unused balance in a Customers Account will be credited back to the credit card on file with CITITONE in accordance with CITITONE’s Money Back Guarantee Policy.
8. Monthly User Fee.
If a Customer subscribed for a rate plan or service with a monthly fee, this fee will be charged regardless of whether a Customer uses their Account or the services offered in their rate plan in a given month.
9. Email Notification.
The Customer is responsible for both maintaining a current and operational e-mail address for reading all e-mail notices from CITITONE. It is expressly understood by you that e-mail notification will be the only manner by which CITITONE will communicate with you regarding updates to its services and information pertaining to your Account. You may also view information regarding your Account by logging into your CITITONE Account on the CITITONE website or by using your CITITONE Unified Messaging email account.
10. Consent to e-Mail Communications.
By entering into this Agreement, you consent to both the receipt of electronic mail (“e-mail”) from CITITONE and that e-mail communication shall be the sole manner by which CITITONE shall contact Customer. In addition to sending a Customer e-mail notifications as provided for above, CITITONE may also send a Customer e-mails about services and products the Company believes may be of interest to you. A Customer may opt-out of future e-mails about products or services by contacting CITITONE by opening a trouble ticket or in writing. CITITONE reserves the right, however, to continue to e-mail Customer important information relating to their Account, this Agreement or other regulatory communications.
|a.||When the service is activated, you must provide CITITONE with a valid email address and a credit or debit card number from a card issuer that we accept. CITITONE reserves the right to stop accepting credit or debit cards from one or more issuers. If your credit or debit card expires, you close your account, your billing address changes, or your credit or debit card is cancelled and replaced on account of loss or theft, you must advise CITITONE at once. CITITONE will bill all charges, applicable taxes and surcharges monthly 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 credit or debit card, including but not limited to:i. activation fees;
ii. monthly Service fees;
iii. international usage charges;
iv. advanced feature charges;
v. equipment purchases;
vi. software usage fees;
vii. termination fees; and shipping and handling charges.The amount of such fees and charges shall be published on CITITONE’s website and may change from time to time. Notification of monthly statements will be sent to you via your email address on file with CITITONE. We reserve the right to bill at more frequent intervals if the amount you owe to us at any time exceeds $50.
|b.||Billing Increments.i. Charges for support services are measured in 15 minute increments. Any service charges will be rounded up to the nearest 15 minute increment at CITITONEâ€™s sole discretion. Timing beings when CITITONE accepts the trouble ticket the Customer has opened and ends when the trouble ticket is closed by either CITITONE or the Customer. CITITONE will not, and is not obligated to, provide refunds for any unresolved trouble tickets or for any consulting fees incurred by other consultants or service providers the customer may hire to solve any trouble tickets CITITONE is unable to resolve.
ii. Charges for telephone calls are measured in whole minutes. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on our website. Timing on calls begins when the call is answered by the called party. Timing terminates on calls when the calling party hangs up or CITITONE’s network receives an “on -hook” signal from the terminating carrier. CITITONE will not, and is not obligated to, provide refunds for any calls made using its service.
|c.||Billing Information.CITITONE does not send any statements to its customers. Instead, the Customer is responsible to view their statements using their secure USERNAME and PASSWORD to access their billing information, which shall be available on CITITONE’s website for the current month and prior three (3) months only. This information is available on the Website twenty-four (24) hours a day seven (7) days a week. (For example, if a Customer reviews their statement information in April, they will be able to see charges for April as well as the preceding months of March, February, and January. The customer is responsible for printing out their monthly statements, and CITITONE will not provide monthly statements beyond what is available online.|
|d.||Billing Disputes.A Customer must notify CITITONE by e-mail or by opening a trouble ticket on the CITITONE website of any disputed charges within thirty (30) days of the charge being posted to their Account. CITITONE will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent CITITONE determines, at its sole discretion, that a billing adjustment is warranted, a Customers Account will be credited accordingly. If a Customer fails to notify CITITONE of a billing dispute as noted above, the Customer shall expressly waive all rights to bring any claim against CITITONE regarding a disputed charge. This Section does not waive Customers responsibility to notify CITITONE of unauthorized use of its Account, Password or Username within the period and by method set forth in Section Eleven B (11b) herein. Usernames/Passwords. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD. THE CUSTOMER EXPRESSLY AGREES TO BE LIABLE FOR ALL SERVICES CHARGED TO THEIR ACCOUNT WHETHER OR NOT CUSTOMER HAS AUTHORIZED SUCH USE. AS SUCH, CITITONE CANNOT BE HELD RESPONSIBLE FOR FRAUDULENT CHARGES THAT RESULT FROM THEFT OR FRAUDULENT USE OF THE CUSTOMERS ACCOUNT OR CREDIT CARD INFORMATION. If a Customer suspects that their Account, Username and/or Password is being used in an unauthorized manner, the Customer shall be required to contact CITITONE within twenty-four (24) hours of a Customer’s suspicion or awareness that unauthorized use has occurred on their Account so that the appropriate modifications can be made to prevent any further unauthorized usage on that Account. ALL ACCOUNT INFORMATION WILL BE SENT TO THE E-MAIL ADDRESS PROVIDED BY THE CUSTOMER AT SIGN UP. Therefore, it is the Customer’s responsibility to provide CITITONE with a secure e-mail address as CITITONE will not be responsible and shall be held harmless for any access to Customers Account by any unauthorized persons.|
12. Ownership of Account.
CITITONE will not make any adjustments to a Customer’s Account information nor send the Username or Password unless provided with both the first and last four (4) digits of a Customers credit card number on file, the answer to the security question chosen by Customer, and/or any other information CITITONE deems necessary at its sole discretion. A Customer can request their password be sent to them at any time via email by clicking the “Forgot Password” link on the sign-in page. If you cannot provide this information, CITITONE will close your Account and credit the balance using the credit card information of file. You can also cancel your Account by logging into the CITITONE website at www.cititone.ca.
A Customers account shall refresh monthly until Cancelled with CITITONE in accordance with the terms set forth in this Agreement. Notwithstanding the foregoing, CITITONE, expressly reserves the right to cancel any account, in its sole discretion, which has not been used and maintains a zero or negative balance for over ninety (90) consecutive days.
|a.||Discontinuance of Service. CITITONE reserves the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or terminate your Service without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If your Service is terminated on account of your breach of any provision of this Agreement, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable.|
|b.||Cancellation. A customer may discontinue CITITONE’s Free-Services or Pre-Paid Services at any time upon notice (either electronic or written) to CITITONE. The Company will then shut down all access to Customers Account. The unused balance will be credited back to you are the Customers credit card in accordance with our Money Back Guarantee Policy.CITITONE reserves the right, at its sole discretion and for any reason, to (a) terminate this Agreement and the Customers access to its Service and/or (b) to refuse to allow the Customer to re-charge their Pre-Paid Account. If fraud is suspected, CITITONE has the right to put an account immediately on hold until investigation into the fraud is completed.|
15. Government Taxes.
CITITONE reserves its right to pass through to the Customer any new government taxes, fees or surcharges that shall appear as an additional itemized charge on Customer’s Account.
CITITONE does not authorize any third-party agents or resellers to sell CITITONE services, electronically or through phone cards, unless specifically authorized by CITITONE. If contacted by an agent, a Customer is required to contact CITITONE to confirm that the contacting agent is licensed and authorized by CITITONE to provide these services. If a Customer fails to confirm authorization of a third-party agent or reseller of CITITONE, Customer cannot hold CITITONE liable and expressly releases CITITONE from any representation made by an unauthorized third-party agent or reseller.
17. Access to Third-Party Vendors.
CITITONE Customers may also purchase various products and services from third-party vendors by accessing those third-party vendors directly through CITITONE’s Website via hyperlinks. CITITONE is not responsible for the contents of any linked site, the products/services offered through those sites, any link to other sites contained in a linked site, or any changes or updates to such sites. CITITONE provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement, guarantee or warranty (either expressed or implied) by CITITONE of the site or the products/services offered through that site.
18. Customer Service.
If a Customer has any questions, concerns or complaints about the services, provided by CITITONE they may contact CITITONE’s Customer Service Department 24 hours a day, 7 days a week by opening a Trouble Ticket.
19. No Third Party Beneficiaries.
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
20. Limitation of Liability.
CUSTOMER ACKNOWLEDGES AND AGREES THAT NEITHER CITITONE NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES OR AGENTS OR ANY OF THEIR SUCCESSORS WILL BE LIABLE FOR INCIDENTAL SPECIAL INDIRECT, CONSEQUENTIAL PUNITIVE OR EXEMPLARY DAMAGES, (INCLUDING BUT NOT LIMITED TO DAMGES FOR LOSS OF PROFITS , OR LOSS OF DATA, OR LOSS OF USE IN CONNECTION WITH THIS AGREEMENT, THE CITITONE SERVICE, OR THE EQUIPMENT, OR THE SOFTWARE, OR ANY OTHER INFORMATION, MATERIAL OR SERVICES RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF CONTRACT, TORT OR OTHER BASIS. CUSTOMER ACKNOWLEDGES AND AGREES THAT NEITHER CITITONE NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES OR AGENTS OR ANY OF THEIR SUCCESSORS WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM.CUSTOMER ACKNOWLEDGES AND AGREES THAT NEITHER CITITONE NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES OR AGENTS OR ANY OF THEIR SUCCESSORS WILL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, AND EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF CITITONE HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADDITION, CITITONE NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES OR AGENTS OR ANY OF THEIR SUCCESSORS WILL BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.
IF DESPITE THE FOREGOING LIMITATIONS, CITITONE OR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES OR AGENTS OR ANY OF THEIR SUCCESSORS SHOULD BECOME LIABLE TO CUSTOMERS OR ANY OTHER PERSON IN CONNECTION WITH THIS AGREEMENT FOR ANY REASON, THEN THE MAXIMUM AGGREGATE FOR ANY AND TO ALL SUCH PARTIES WILL BE LIMITED TO THE LESSER OF THE ACTUAL AMOUNT OF LOSSOR DAMAGE SUFFERED BY THE CLAIMANT OR THE AMOUNT PAYABLE BY CUSTOMER TO CITITONE FOR ONE MONTH OF SERVICE UNDER THIS AGREEMENT.
21. No Warranties.
CITITONE DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT.
22. Force Majeure.
CITITONE shall not be liable for its failure to perform its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of CITITONE.
Customer agrees to indemnify, defend and hold CITITONE, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website, from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorneys fees, which are the result of, or are in any way related to, Customers use of the Website, CITITONE’s services, and/or your transactions/communications with third-party vendors initiated via the Website.
24. Exclusive Jurisdiction and Venue.
Any suit involving any dispute or matter arising under this Agreement may only be brought in Canada District Court, which shall have jurisdiction over the subject matter of the dispute or matter. Customer hereby expressly consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding and waive any objection to venue or inconvenient forum and to the waiver of any right to bring, represent or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in Court. THE CUSTOMER FURTHER EXPRESSLY WAIVES ANY RIGHT OF ANY RIGHT TO A JURY TRIAL, TO RAISE COUNTERCLAIMS OR TO ASSERT THE DEFENSE OF SETOFF IN ANY CLAIM FILED BY CITITONE UNDER THE TERMS OF THIS AGREEMENT.
25. Proprietary Rights.a. Trademarks and Trade Names.
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of CITITONE, including but not limited to “CITITONE”, “CITITONE.ca”, “CITITONE.com”, “CITITONE.co.uk”, “CITITONE.com.hk”, and “CITITONE.net” (collectively “Marks”) are and shall remain the exclusive property of CITITONE and nothing in this Agreement shall grant Customer the license to use such Marks without the express written permission of CITITONE.
Customer acknowledges and agrees that title to the Equipment and all other material provided to Customer by CITITONE under this Agreement shall at all times remain with CITITONE, and Customer shall during the term or any renewal or any renewal period acquire no property or other rights in, or to, any of the foregoing other than as specifically provided in this Agreement. Customer will not permit any numbering or lettering displayed on the Equipment to be removed, altered, disfigured or covered up. Customer will not permit the Equipment to be operated by, or come under the possession or control of, any person other than Customer, its agents or employees, or its clients. At no time will the Customer permit the Equipment to be removed from the site(s) specified in the Schedule(s). Customer shall ensure that the Equipment does not become subject to any lien, levy, charge, security interest or other encumbrance whatsoever. In the event the Equipment becoming subject to any lien, levy, charge, security interest or other encumbrance whatsoever of the removal of the Equipment from the site(s), CITITONE, without notice, may enter the site(s) or other place(s) where the Equipment in question is located and take immediate possession and remove it, whether affixed to realty or not, retaining possession and suspending CITITONE Services accordingly until the breach is corrected. Where the site(s) is on the premises of a client of Customer, Customer shall ensure its client’s acknowledgement that CITITONE may enter and remove the Equipment. CITITONE shall not incur any liability to Customer or its clients for, or by reason of, such entry or taking of possession, whether there is damage to property or otherwise, and Customer shall indemnify, defend and hold CITITONE harmless from and against any and all actions, suits, legal or administrative proceedings, claims, damages, costs, less expenses, legal fees and other liabilities arising in connection therewith, including any third party claims.
Where any of the CITITONE Services or the Equipment contains computer programming or software (the “Resident Software”), CITITONE hereby grants to Customer and Customer’s clients a non-exclusive, non-transferable royalty free license to use, during the Term of this Agreement, the Resident Software for the sole purpose of enabling Customer and Customer’s client to obtain the CITITONE Services. Customer recognizes that the Resident Software constitutes valuable trade secrets of CITITONE and its licensors, and that CITITONE and its licensors own all of the technology, know-how and intellectual property rights associated with such Software, the CITITONE Services and the Equipment. Customer shall use its best efforts to protect and keep confidential the Resident Software used by it, and shall make no attempt to examine, copy, alter, reverse engineer, tamper with or otherwise misuse the Resident Software.
CITITONE may assign its rights and duties under this Agreement to any party at any time without notice to the Customer. A Customer may not assign their rights and duties under this Agreement without the express written permission of CITITONE, and such permission and/or authorization shall be in the sole discretion of CITITONE.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provision will of this Agreement will continue in full force and effect.
28. Integration – Entire Agreement.
This Master Services Agreement, together with the any written amendments or written modifications, and the service specific Appendixes attached, will constitute the entire agreement between Customer and CITITONE with respect to the services provided hereunder and will supersede and replace all prior or contemporaneous understandings or agreements, written, electronic or oral, between the Customer and CITITONE.
29. Governing Law.
This Agreement, and all modifications/amendments thereto, shall be governed by the law of Canada.
CITITONE’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision hereof nor CITITONE right to enforce a provision upon the Customer.
This agreement shall be in effect for all users of CITITONE services and software including both free and paid products and services until the user cancels any and all user accounts with CITITONE and terminates all usage of CITITONE services and software.
33. Compliance with Laws.
CITITONE shall comply with all applicable federal, provincial and local laws and/or regulations regarding the provision of the services provided for under this Agreement.
Customer agrees to use CITITONE’s service in a lawful manner, which is consistent with the terms and conditions of this Agreement and all applicable federal, provincial and local laws and/or regulations. CITITONE reserves the right to immediately, and without notice, terminate, or otherwise discontinue, a Customers Account in the event it determines that a Customer has violated any such term, condition, law and/or regulation.Customer shall indemnify and hold CITITONE harmless for any damages, costs, loss expenses, legal fees and other liabilities arising from the breach of this section including any third party claims.
You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device (each such person, a “User”). You shall assure that your and your User’s use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. CITITONE reserves the right to terminate or suspend your Services and remove you or your Users’ content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. CITITONE’s action or inaction under this Section will not constitute any review or approval of you or your Users’ use or content.
CITITONE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE SERVICES, TECHNOLOGY OR EQUIPMENT BEING PROVIDED IS LEGAL OR ALLOWED IN YOUR HOME COUNTRY, OR THE COUNTRY YOU ARE PLACING CALLS FROM. CITITONE IS NOT RESPONSIBLE FOR VERIFYING LOCAL/NATIONAL LAWS AND IT IS UP TO YOU TO DETERMINE IF USING THE CITITONE SERVICE IS LEGAL IN YOU COUNTRY/JURISDICTION. BY ACCPETING SERVICE UNDER THE TERMS OF THIS AGREEMENT YOU ARE EXPRESSLY RELIEVING CITITONE FROM ANY LIABILITY ARISING UNDER THE TERMS OF THIS PROVISION.
CITITONE reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Master Service Agreement athttps://www.cititone.ca/terms.php.