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This agreement (”Agreement”) is between Metro Communications Inc or MetroCentrex Service (”we,” “us” or “MetroCentrex Service”) and the user (”you,” “user” or “Customer”) of MetroCentrex’s hosted pbx and fax services and any related products (”VoIP products” or “VoIP devices”) or services (”Service”). This Agreement governs both the Service and any devices, such as an IP phone, Gateway, VoIP Gatekeeper, VoIP Adapter, Multimedia Terminal Adapter, Analog Telephone or Fax Adapter, or software, such as X-Ten Lite and Pro soft phones software, or any other IP connection device (”Device” or “Equipment”), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.
1. SERVICE 1.1 Term and Subscription:
Monthly Service: MetroCentrex’s fax and hosted pbx services are offered on a monthly basis for a term, each month constituting a term or subscription. The first month’s subscription begins on the date that you order your MetroCentrex subscription via Pay Pal or by post-dated cheques. Your Service term or subscription ends on the same date in the next month. Subsequent subscription terms under this Agreement renew automatically and are automatically paid by you to MetroCentrex once a month via Pay Pal or to your bank account on the monthly anniversary date.
Bi-Annual or Annual Service: MetroCentrex’s fax and hosted pbx services are also offered on terms of six (6) months and one (1) year. The first month service of such terms begin on the date that you order and make payment to MetroCentrex. Your Service term or subscription ends on the 6-month or 1-year anniversary date, depending on the term you choose. Subsequent subscription terms under this Agreement renew automatically and are automatically paid by you to MetroCentrex once a month via Pay Pal or to your credit card on the term’s anniversary date.
End of Term: Subscriptions and their pre-authorized payments by you to MetroCentrex via Pay Pal or by cheque will automatically continue on your term’s anniversary date without further action by you until you cancel your pre-authorized subscription payments to MetroCentrex via Pay Pal or cheque.
When you subscribe to the service, note that you are purchasing the Service for full terms, meaning that if you terminate Service prior to the end of a term, whether it is 1 month, 6 month or 1 year term, you will still be responsible for the full term’s charges to the end of the then-current term, including without limitation unbilled charges such as long distance, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.
1.2 Use of Service and Device:
If you have subscribed to a MetroCentrex Service and purchased a device from MetroCentrex, the Service and Device are provided to you for your personal use. This means that you are not misusing the Service or Device for autodialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting, or any other activity that would be inconsistent with normal usage patterns, or for any unlawful activities.
This also means that you are not to resell or transfer the Service or the Device to any other person, business or company for any purpose, or make any charge for the use of the Service, without express written advance permission from MetroCentrex. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any purpose will obligate you to pay MetroCentrex’s service on account of all periods, including past periods, in which you use, or used, the Service. MetroCentrex reserves the right to immediately terminate or modify the Service, if MetroCentrex determines, in its sole discretion, that the Customer’s Service is being misused.
1.3 Lawful Use of Service and Device
1.3.1 Prohibited Uses:
You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct or would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, provincial, national or international law.
You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless MetroCentrex against any and all liability for any such use that fails to comply with this Section 1.3.1. If MetroCentrex, in its sole discretion believes that you have violated the above restrictions, MetroCentrex may forward the objectionable material, as well as your communications with MetroCentrex and your personally identifiable information to the appropriate authorities for investigation and prosecution.
You agree not to hack or disrupt the service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.
MetroCentrex reserves the right, in its sole discretion, to terminate your service immediately and without advance notice if you violate any of this section 1.3.1 restrictions, leaving you responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable. Penalties and damages caused by such unlawful misuse, in addition and not limited to the Service fees owed for using the service, may be levied against the Customer.
1.3.2 Use of Service and Device by Customers Outside Canada:
MetroCentrex does not offer the Service to customers located in other countries, nor is MetroCentrex responsible violations committed by the Customer when the Device is removed from Canada and used outside of Canada. If you remove the Device to a country other than the Canada and 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.
You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you, and you agree to indemnify and hold harmless MetroCentrex against any and all liability for any such use. You agree to indemnify and hold MetroCentrex harmless against all liability should the removal from Canada of the Device violate any export control law or regulation, you will be solely liable for such violation.
1.4 Loss of Service Due to Power Failure or Internet Service Outage:
You acknowledge and understand that the Service does not function in the event of power failure, or when you disconnect the power supply to your device. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by MetroCentrex) and that, accordingly, in the event of an Internet Service Outage of, or termination of service with or by, your Internet service provider (”ISP”) and/or broadband provider, MetroCentrex’s Service will not function, but that you will continue to be billed for MetroCentrex’s Service, until you provide notice to terminate service or cancel your MetroCentrex service subscription via Pay pal, or MetroCentrex terminates your Service under the terms of this Agreement.
Should there be a power failure, or interruption of power supply, or ISP outage, the Service will not function until power is restored or the ISP outage is solved and repaired. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service again. Power disruptions or failures or ISP outages will also prevent dialing. If you are using IP Phones, prior to contacting MetroCentrex concerning a service malfunction, you must check to see that your broadband access and power supply is functioning. If you have a power or Internet service outage, please contact the appropriate service providers. You may need to reboot, reset or reconfigure your Device when power and Internet service is restored.
1.5 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software:
The Service and 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 Device, and all Services, information, documents and materials on MetroCentrex’s website(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 MetroCentrex are and shall remain the exclusive property of MetroCentrex and nothing in this Agreement shall grant you the right or license to use any of 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 you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that MetroCentrex will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. If you decide to use the Service through an interface device not provided by MetroCentrex, which MetroCentrex 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 MetroCentrex against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
1.6 Tampering with the Device:
MetroCentrex reserves the right to terminate your Service should you tamper with the Device without MetroCentrex’s authorization. You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from MetroCentrex. Should your service be terminated due to Device tampering, you will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable.
1.7 Theft or Loss of Service:
If the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used, you agree to notify MetroCentrex immediately, in writing or by calling the MetroCentrex customer support line at 604-248-3700. When you contact MetroCentrex, you must provide your account number and a detailed description of the circumstances of the Device theft 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. Since you are responsible for your Device, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service. You agree to indemnify and hold MetroCentrex harmless against all liability due to a Device or Service stolen from you and fraudulent use of the Service.
Once again, you shall be deemed the owner of the Device, and assume all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned by you pursuant to Section 1.8 and has been received by MetroCentrex.
1.8 Return of Device:
The Device may be returned to MetroCentrex within thirty (30) days of shipment to receive a refund for the Device, provided: (i) Customer retained proof of purchase and original packaging and (ii) contents are undamaged and in original condition and (iii) and all documentation and packaging materials are returned.
The Customer must contact and receive a return authorization “RA” number from MetroCentrex’s Customer Service Department prior to returning the unit in order to be entitled to the refund. The RA number must be included with the Packing and Shipping Documents to be accepted by MetroCentrex. To receive an RA number, please contact T: 604-248-3700.
No refunds are issued for shipping costs, activation fees, if applied, or subscriptions of service. Refunds will only be issued for the Device, assuming MetroCentrex receives the Device in undamaged condition. The Customer is responsible for shipping the Device in good condition to MetroCentrex and all related shipping costs related to returning the Device.
If the Customer receives cartons and/or Devices that are visibly damaged, please note the damage on the carrier’s freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact MetroCentrex’s customer care department immediately. Warranty coverage varies depending on the type of Device that Customer chooses, as issued by the manufacturer. Please refer to these warranty materials, if applicable, included in the packaging of your Device(s). MetroCentrex is not the manufacturer of these devices and does not provide warranties on the devices.
1.9 Number Transfer on Service Termination:
MetroCentrex may, at its sole discretion, release the telephone number that was ported into MetroCentrex by you and used in connection with your Service provisioned by MetroCentrex to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided (i) your account has been terminated; and (ii) your MetroCentrex account is completely current including payment for all charges; and (iii) you request the transfer upon terminating your account.
1.10 Service Distinctions:
You acknowledge and understand that the Service is not a regular telephone or fax service, and that there are important differences between the regular public switched network telephone (PSTN) service and the enhanced IP Telephone and Fax Service from MetroCentrex. The MetroCentrex Service is subject to different regulatory treatment than the regular PSTN service. This treatment may limit or otherwise affect your rights of redress before Federal and Provincial telecommunications regulatory agencies.
1.11 No 0+ Calling; May Not Support x11 Calling:
MetroCentrex’s Service does not support 0+ calling (including without limitation collect, third party billing or calling card calling). MetroCentrex’s Service may not support 311, 511 and/or other x11 (other than 911, 211 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.
2. EMERGENCY SERVICES - 911 DIALING METROCENTREX DOES NOT OFFER 911 OR EMERGENCY CALLING YOU UNDERSTAND AND AGREE THAT YOU CANNOT USE METROCENTREX SERVICES TO CALL 911 OR FOR EMERGENCY CALLING. You understand and agree that MetroCentrex PBX Service is not a replacement for your traditional telephone service. You agree to separately maintain wireless or traditional wireline telephone service that will enable you to call 911. Specifically, you agree that you will purchase, with a third-party separately from MetroCentrex, traditional wireless or wireline telephone service that offers access to 911 emergency calling and any other applicable emergency services. You agree that MetroCentrex, its directors, officers, employees, subsidiaries and assigns may not be held liable for any claim, damage, or loss (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third-party user arising from any attempt to dial 911 or make an emergency call using MetroCentrex Services. You waive all claims and causes of action against MetroCentrex, its directors, officers, employees, subsidiaries and assigns, arising from or relating to any attempt to dial 911 or make an emergency call using MetroCentrex Service, unless the claims or causes of action arise from MetroCentrex Service’s gross negligence, recklessness, or willful misconduct. Some jurisdictions do not permit certain limitations of liability, so certain of the foregoing waivers may not apply to you. 2.1 911 Limitation of Liability:
You acknowledge that MetroCentrex, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to you in connection with the Service, shall not be liable for any delay or failure to provide the Service, including 9-1-1 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
1.) act or omission of an underlying carrier, service provider, vendor or other third party;
2.) equipment, network or facility failure;
3.) equipment, network or facility upgrade or modification;
4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5.) equipment, network or facility shortage;
6.) equipment or facility relocation;
7.) scheduled network or equipment maintenance;
8.) service, equipment, network or facility failure caused by the loss of power to you;
9.) outage of your ISP or broadband service provider;
10.) failure of local network equipment such as Internet modems, routers, phones, computers, phone adapters, software/firewalls, or cables;
11.) act or omission of you or any person using the Service or Device provided to you; or
12.) slow or congested network on your local network
13.) slow or congested network of your Internet Service Provider or the Public Internet
14.) any other cause that is beyond MetroCentrex’s control, including without limitation a failure of or defect in any VoIP Device or phone, the failure of an incoming or outgoing communication, the inability of communications (including without limitation 911 dialing) to be connected or completed, or degradation of voice quality.
MetroCentrex’s aggregate liability for (i) any failure or mistake; (ii) any claim with respect to MetroCentrex’s performance or non-performance hereunder or (iii) any MetroCentrex act or omission in connection with the subject matter hereof shall in no event exceed MetroCentrex’s Service charges with respect to the affected time period.
2.2 No Consequential Damages:
In no event shall MetroCentrex, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to you in connection with the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to dial 9-1-1 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not MetroCentrex was informed of the likelihood of any particular type of damages.
2.3 Alternative 911 Arrangements:
You acknowledge that we have advised you that it is recommended to have alternatives to contacting MetroCentrex’s basic 911 service, such as a cell phone or landline and that it solely your choice and responsibility to have such alternatives available for accessing traditional E911 services.
2.4.1 Service Outage Due to Suspension of Your Account:
You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service.
2.4.2 Limitation of Liability and Indemnification:
You acknowledge and understand that the Company’s liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless MetroCentrex, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer’s Service relating to the absence, failure or outage of the Service, including 911 dialing and/or inability of Customer or any third person or party or user of Customer’s Service to be able to dial 911 or to access emergency service personnel.
3. CHANGES TO THIS AGREEMENT
MetroCentrex may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted. Changes will be posted on the news and announcements component of the MetroCentrex Web Site, www.MetroCentrex.net. Agreement changes posted on the MetroCentrex web site supercede all previously agreed to electronic and written Terms of Service, including any documents shipped with Devices, or included with the Device’s packaging.
4. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
4.1 Billing:
To order MetroCentrex Products and Services on-line, you must place orders and make payments via Pay Pal, MetroCentrex’s 3rd Party Credit Card billing agency. This means that you will need to sign up and establish a user or buyer account with Pay Pal, and provide Pay Pal a valid Credit Card number. Pay Pal supports and accepts most major Credit Cards, including VISA, AMEX, and MASTERCARD. To sign up as a Pay Pal user or buyer, please visit www.paypal.com.
To order MetroCentrex Products and Services in person or by Telephone, you may make payments via credit card, including MasterCard or Visa, or by cash or interac.
We will bill all charges, applicable taxes (GST/PST) and surcharges, related to the purchase of Service and / or Device, including Service Activation Fees, if applicable, Long Distance Calling Plans, Equipment, and Shipping Fees in advance to your credit card as you have authorized through Pay Pal or by you to us. The Pricing for these services is detailed on the MetroCentrex Web Site. MetroCentrex reserves the rights to change pricing without prior notice.
MetroCentrex will issue invoices and statements on all Customer charges in arrears, such as subscription fees, taxes, long distance usage charges, which must be paid on receipt of an invoice. You must make your payments for as long as your account and service is active.
All prices are in Canadian Dollars and billing will be in Canadian Dollars.
4.2 Credit Card Responsibility
You acknowledge that MetroCentrex never has access to your credit card information and is unable to bill your credit card when you use Pay Pal. All payments to MetroCentrex for our issued invoices and statements to you are authorized by you and made by you via Pay Pal or as authorized by you to your credit card.
MetroCentrex is not responsible for your credit card information and not liable to credit card loss, theft or fraud. You accept full responsibility for your credit card and your purchases via Pay Pal or as authorized to your credit card through us. MetroCentrex is not responsible for your purchases, decisions to buy MetroCentrex Services and Products via Pay Pal or credit card, or your misuse or error using the Pay Pal service. As such, MetroCentrex is not liable or required to reverse charges, which may be the result of credit card loss, fraud, or theft, or user error of the Pay Pal Service or your credit card service.
If your credit card expires, you close your credit card account or your billing address changes, or the credit card is cancelled and replaced owing to loss or theft, you may need to advise Pay Pal or MetroCentrex. If you use Pay Pal, you must report credit card loss, theft or fraud to Pay Pal directly. You will still be responsible and liable for settling all outstanding bills and funds owing to MetroCentrex in the event of credit card loss, theft or closure.
MetroCentrex may terminate your Service at any time in its sole discretion, if any charge to your credit card or from your Pay Pal account is declined or reversed or in case of any other non-payment of account charges. Termination of Service for declined card, reversed charges or non-payment leaves you FULLY LIABLE to MetroCentrex for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by MetroCentrex owing to your non-payment, such as (but not limited to) collection costs and attorney’s fees.
4.2 Billing Disputes
MetroCentrex only receives payment after you have authorized and made payment via Pay Pal or credit card. If you’re a Pay Pal user and notice any discrepancy in your credit card statement, suspect credit card fraud or anything suspicious, contact Pay Pal immediately at www.paypal.com.
For billing queries related to MetroCentrex products and services, please contact MetroCentrex at 604-248-3700. You must contact MetroCentrex after receiving your credit card statement if you dispute any MetroCentrex charges that appear on your credit card statement or such dispute will be deemed waived.
For queries related to refunds or long distance usage, please contact MetroCentrex at 604-248-3700. Statements on long distance calls will be emailed to you daily, weekly or monthly, depending on your specification. If you have any questions concerning refunds or your long distance statements, you will need to contact MetroCentrex.
To contact MetroCentrex concerning long distance queries and refunds, please contact:
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604-248-3700
4.3 Payment:
For MetroCentrex Service account activation and the purchase of any Device such as an Adapter, gateway, soft phone or IP Phone, MetroCentrex accepts payment by credit card, cash, interac or Pay Pal.
To make payments via Pay Pal means that you will need to sign up and establish a user or buyer account with Pay Pal. To sign up as a Pay Pal user or buyer, please visit www.paypal.com. You can also sign up with Pay Pal from MetroCentrex’s Web Site and Shopping Cart, which link directly to Pay Pal when you use Add to Cart and Subscription buttons located in our Web Site’s Shopping Cart pages.
You will make prepaid service payments based on the service term using a valid credit card, cash, interact or Pay Pal for as long as your account and service is active. You pre-authorize these payments when you order a subscription from our Web Site’s Shopping Cart pages or when ordering in person or by telephone.
The service subscription term’s payment will be made on the same day you pre-authorize your payments using a credit card or Pay Pal. Subsequent payments will be automatically made on the anniversary date of the term until you cancel the pre-authorized payments. MetroCentrex reserves the right to terminate and discontinue Service should the Customer fail to make payments.
For Long Distance Calling Plans, Call15, Call25, and Call50, MetroCentrex only accepts advanced or prepaid payments by credit card, cash, interac or Pay Pal prior to a Long Distance Calling Plan being activated. When your Long Distance Calling Plan account reaches twenty (20) per cent of its original balance, MetroCentrex will notify you to purchase and restore your Long Distance Calling Plan account balance. For example, if you subscribe to Call50, a $50.00 + taxes account balance will be charged to your credit card at the time of purchase. As you make long distance calls, the Call50 account balance will be debited for any long distance calling charges accrued while using the service, until the Call50 account balance reaches the 20% value or, in this example, $10.00. At the 10% balance level, MetroCentrex will notify you to renew your calling plan. When the balance reaches $0.00, your Long Distance service will be disconnected until you renew or purchase another Long Distance Calling Plan.
MetroCentrex may terminate your Service at any time in its sole discretion, if any charge to your credit card or Pay Pal account is declined or reversed or in case of any other non-payment of account charges. Termination of Service for declined card, reversed charges or non-payment leaves you FULLY LIABLE to MetroCentrex for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by MetroCentrex owing to your non-payment, such as (but not limited to) collection costs and attorney’s fees.
4.4 Termination/Discontinuance of Service:
MetroCentrex reserves the right to suspend or discontinue providing the Service, or to terminate your Service, at any time in its sole discretion. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service), you will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable. For Customer that hacks, disrupts or unlawfully misuses the Service, other penalties may be levied against the Customer. MetroCentrex reserves the right to charge a reconnection fee of $20.
4.5 Taxes:
Customer is responsible for, and shall pay any applicable federal (GST), provincial (PST), municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of Customer’s subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your account. If Customer is exempt from payment of such taxes, it will provide MetroCentrex with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date MetroCentrex receives the Tax Exempt Document.
4.6 Use and Charges for Directory Calls:
MetroCentrex will charge $1.50 for each call made to MetroCentrex 411 directory assistance. This charge will be deducted from your long distance calling plan deposit, if you have a long distance calling plan account and balance. To use this service, you must have a long distance calling plan on record.
4.7 Money Back Guarantee:
MetroCentrex offers a 30-day money back guarantee on equipment purchased such as Adapters, Gateways and IP Phones.
Refunds are not provided on soft phones licenses, Service Activation Fees, if applicable, Monthly Service subscriptions fees, or shipping costs. Long Distance Calling Plans are refundable less any long distance calling charges accrued while using the Service. MetroCentrex reserves the right to terminate or revoke the Money-Back Guarantee at any time, without prior notice.
Equipment may be returned to MetroCentrex within thirty(30) days of shipment to receive a refund for the Device, provided: (i) Customer retained proof of purchase and original packaging and (ii) contents are undamaged and in original condition and (iii) and all documentation and packaging materials are returned.
The Customer must first contact and receive a return authorization “RA” number from MetroCentrex’s Customer Service Department prior to returning the unit in order to be entitled to the refund. The RA number must be included with the Packing and Shipping Documents to be accepted by MetroCentrex. To receive an RA number, please contact T: 604-248-3700.
No refunds are issued for shipping costs, or activation fees such as number transfer fees for transferring numbers to MetroCentrex, or for activating the Service, or on monthly subscriptions. No refunds are issued on 6-month and 1-year plans after 30 days from signup. Refunds will only be issued for the Device, assuming MetroCentrex receives the Device in undamaged condition. The Customer is responsible for shipping the Device in good condition to MetroCentrex and all related shipping costs.
All returned equipment must be in the original packaging with the UPC or bar code intact. All components, manuals and registration card(s) must be included. Equipment must be returned with a valid return authorization number obtained from MetroCentrex Customer Care. User is responsible for return shipping of equipment. The money back guarantee will not be honored if user fails to meet all above requirements.
If Customer receives cartons and/or Devices that are visibly damaged, please note the damage on the carrier’s freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact MetroCentrex’s customer care department immediately. Warranty coverage varies depending on the type of Device that Customer chooses, as issued by the manufacturer. Please refer to these warranty materials, if applicable, included in the packaging of your Device(s).
5. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION
5.1 Limitation of Liability:
MetroCentrex shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
1.) act or omission of an underlying carrier, service provider, vendor or other third party;
2.) equipment, network or facility failure;
3.) equipment, network or facility upgrade or modification;
4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5.) equipment, network or facility shortage;
6.) equipment or facility relocation;
7.) service, equipment, network or facility failure caused by the loss of power to Customer;
8) outage of Customer’s ISP or broadband service provider;
9) act or omission of Customer or any person using the Service or Device provided to Customer; or
10) any other cause that is beyond MetroCentrex’s control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including without limitation 911 dialing) to be connected or completed, or degradation of voice quality.
MetroCentrex’s aggregate liability for (i) any failure or mistake; (ii) any claim with respect to MetroCentrex’s performance or nonperformance hereunder or (iii) any MetroCentrex act or omission in connection with the subject matter hereof shall in no event exceed MetroCentrex’s Service charges with respect to the affected time period.
5.2 No Consequential Damages:
In no event shall MetroCentrex, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to Customer in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not MetroCentrex was informed of the likelihood of any particular type of damages.
5.3 Indemnification:
Customer agrees to defend, indemnify, and hold harmless MetroCentrex, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer’s Service, relating to this Agreement, the Services, including 911 dialing, or the Device. This paragraph shall survive termination of this Agreement.
5.4 No Warranties on Service:
MetroCentrex makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. MetroCentrex does not warrant that the Service will be without Service failure, delay, interruption, error, and degradation of voice quality or loss of content, data or information. Neither MetroCentrex nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to Customer in connection with this Agreement or the Service will be liable for unauthorized access to MetroCentrex’s or Customer’s transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Customer’s data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of MetroCentrex’s or its service provider’s or vendors’ negligence. Statements and descriptions concerning the Service or Device, if any, by MetroCentrex or MetroCentrex’s agents or installers are informational and are not given as a warranty of any kind.
5.5 No Warranties, or Limited Warranties, for Devices:
If Customer purchased the Device new from MetroCentrex and the Device included a limited warranty at the time of purchase, Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer’s Device did not include a limited warranty from MetroCentrex at the time of purchase, Customer agrees that it accepts its Device “as is” and that Customer is not entitled to replacement or refund in the event of any defect.
5.6 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.
5.7 Content:
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User’s use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. MetroCentrex reserves the right to terminate or suspend affected Services, and/or remove Your or Users’ content from the Services, if MetroCentrex determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with MetroCentrex’s ability to provide Services to you or others or receives notice from anyone that Your or Users’ use or Content may violate any laws or regulations. MetroCentrex’s actions or inaction under this Section shall not constitute review or approval of Your or Users’ use or Content. You will indemnify and hold MetroCentrex against any and all liability arising from the content transmitted by or to you or to Users using the Services. A “User” means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
6. GOVERNING LAW / RESOLUTION OF DISPUTES
6.1 Governing Law:
The Agreement and the relationship between you and MetroCentrex shall be governed by the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. You and MetroCentrex agree to submit to the personal and exclusive jurisdiction of the courts located within the Province or British Columbia, Canada. The failure of MetroCentrex to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
6.3 Entire Agreement:
This Agreement and the rates for Services found on MetroCentrex’s website constitute the entire agreement between you and MetroCentrex and govern your use of the Service, superseding any prior agreements between you and MetroCentrex and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon MetroCentrex unless and until posted in accordance with Section 3 hereof.
6.4 Severability:
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
7. PRIVACY
MetroCentrex Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. MetroCentrex is not liable for any lack of privacy, which may be experienced with regard to the Service. Please refer to our Privacy Policy at www.MetroCentrex.net for additional information.
8. CHANGES; NOTICES
Notice to Customer of any changes to the “Terms of Service” shall be considered given by posting to the “Service Announcements” section of the MetroCentrex Web Site (currently located at http://www.metrocentrex.com). Notice will be considered received by Customer, and such changes will become binding on Customer, on the date posted to the MetroCentrex Web Site and no further notice by MetroCentrex is required.
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