Subject to the terms and conditions of the Master Service Agreement, and this agreement (VoIP Terms and Conditions), CITITONE offers the Customer, among other things, DID (Direct Inward Dialing) numbers with the ability to receive telephone calls from the PSTN (Public Switched Telephone Network) using software or hardware SIP or H323 devices, and the ability to make local, domestic long distance and International long distance telephone calls using software or hardware SIP and H323 devices.A complete list of CITITONE products and services can be found on the Website (www.cititone.ca). CITITONE is not responsible for reimbursements for calls made with another service while CITITONE is temporarily unavailable or services provided by other companies while CITITONE is temporarily unavailable.
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 Terms and Conditions at https://www.cititone.ca/selfcare/terms.php.
CITITONE provides 911 service across all provinces of Canada. CITITONE 911 Dialing service operates differently than traditional 911, you’ll have to enter the street address where you will be using your CITITONE service when purchasing a rate plan or phone number. 911 service is not active on your account until you have received email notification stating that 911 service is active.Please see our 911/E911 Compliance Page and Frequently Asked Questions for more information on CITITONE’s 911 service.
| a. | Service Outages Internet Outages, Suspension of Internet services, Termination of Broadband Services or ISP Services will prevent all Services to work. All CITITONE services require a functioning broadband or other high speed Internet service to work. CITITONE does not provide the Customer with broadband or high speed Internet services. The Customer acknowledges that CITITONE is not responsible in any way providing or maintaining the Customer broadband or high speed network required to use CITITONE services. |
| b. | Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert CITITONE to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service may not function. You acknowledge that CITITONE is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service that may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement. |
If you subscribe to CITITONE’s services, the Service and any Device provided by CITITONE are provided to you solely for your use. You shall not resell or transfer the Service or the Device to another party without our prior written consent. When subscribing to a Plan, you are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. CITITONE reserves the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal usage patterns. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service or the Device was inconsistent with normal use.
| a. | Unlawful. You shall use the Service and the Device only for lawful purposes. CITITONE reserves the right to immediately terminate your Service if, in our sole and absolute discretion, CITITONE determines that you have used the Service or the Device for an unlawful purpose. In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If CITITONE believes that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, CITITONE will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders, and requests for wire taps etc, from the government under the Patriot Act, to protect it’s rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others. |
| b. | Inappropriate Conduct. You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior. CITITONE reserves the right to immediately terminate your Service if, in our sole and absolute discretion, CITITONE determines that you have used the Service or the Device in any of the aforementioned ways. In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If CITITONE believes that you have used the Service or the Device in any of the aforementioned ways, CITITONE may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, CITITONE will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders and requests for wire taps etc, from the government under the Patriot Act, to protect it’s rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others. |
| c. | Caller ID Name (“CNAM”). When available with the service(s) you have purchased from CITITONE, CNAM information will be presented on inbound calls, within the CITITONE website, and within certain email communications. CNAM information is provided as is, and CITITONE does NOT assure, warrant, or assume any liability for the validity or accuracy of the CNAM information provided. The CNAM information provided by CITITONE may NOT be used for any of the following: collection of CNAM data for resale, licensing, or any re-distribution to another party; any form of auto-dialing to obtain bulk CNAM information; collection of CNAM data for any use other than the services provided directly by CITITONE. Customer acknowledges that all rights, title and interest to the CNAM information provided by CITITONE, regardless of the form of media in which it is contained, shall be the sole and exclusive property of, and are retained by, CITITONE and/or CITITONE’s CNAM information suppliers. |
You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
Customer may transfer or port-away from CITITONE any phone number on their account that is within the United States and/or Canada to another service provider at any time as long as the number(s) they wish to port remain on their account and active up to the date they are transferred to the new service provider. Customer must inform CITITONE of any port-out’s of number(s) on their account and/or cancel the number(s) after they have ported to the new service provider or re-billing for services on those number(s) will continue. Numbers in countries outside the USA and Canada may be portable to other carriers, but CITITONE cannot provide specific information regarding the portability of numbers outside Canada.
The Service is not a traditional telecommunications service and CITITONE provides it on a best efforts basis. Important distinctions exist between telecommunications service and the Service offering that CITITONE provides. The Service is subject to different regulatory treatment than telecommunications services. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
| a. | No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support 311, 511 and/or other x11 services in one or more (or all) service areas. |
| b. | No Directory Listing. The phone numbers you obtain from CITITONE will not be listed in any telephone directories. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your name and/or address. |
The Service is not a traditional telecommunications service and CITITONE and the Service may be incompatible with other services that require telecommunications services to function properly. Important distinctions exist between telecommunications services and the Service offering that CITITONE provides.
| a. | Home Security Systems. The Service provided by CITITONE may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service. |
| b. | Certain Broadband and Cable Modem Services. You acknowledge that the Service presently may not be compatible with other broadband service providers. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service. |
To access CITITONE’s Services, the Customer must have access to a high-speed internet connection as well as one of the following: (i) a computer with speakers and microphone; or (ii) a headset or (iii) SIP device. CITITONE will not reimburse the Customer for any extra charges assessed by Customer’s Internet provider as a result of using their services to access CITITONE’s Services.
In order to become a CITITONE customer, the Customer must complete in full an application form located on the Website (www.cititone.ca). As part of the application, the Customer will be required to provide CITITONE with a unique Username. CITITONE will then send the Customer an electronic notification (in the form of an e-mail message), containing a Password and confirmation that the Customer has activated their CITITONE 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. |
SERVICES PROVIDED ARE PROVIDED ON A PRE-PAID BASIS ONLY. As a Customer uses CITITONE’s services, their Account will be debited accordingly. No phone services will be provided if the Customer’s Account does not have a sufficient balance to cover the cost of the service requested. Notwithstanding the foregoing, a Customer with an insufficient balance to cover requested Pre-paid Services will still be able to utilize free calling between CITITONE subscribers.
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 making any call using CITITONE’s services. Please note that the rates for calls to certain numbers (e.g., mobile/special service numbers) may be higher than rates for calls to other numbers within the same country. CITITONE reserves the right, at its sole discretion, to modify these rates at any time and/or to offer or discontinue special promotions. Rates are based on country code and city code, not country name. 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.
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. 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.
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 to make any telephone calls, or uses the service in a given month.
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.
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.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. |
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. |
Although the quality of International telephone calls has improved greatly in recent years, calls to certain countries outside the United States can be interrupted as a result of service/network issues in those countries. CITITONE will attempt to identify any such issues, with the cooperation of the Customer. All necessary information must be provided including date, time, origination number and destination number. However, CITITONE WILL NOT REFUND ANY CHARGES FOR SUCH INTERRUPTED CALLS.
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.
This Agreement, and all modifications/amendments thereto, shall be governed by the law of Canada.
