TERMS OF SERVICE

GENERAL TERMS AND CONDITIONS ("Agreement") SMART TELECOM

THERE ARE IMPORTANT 9-1-1 TERMS RELATED TO VOIP SERVICE, PLEASE REVIEW ENTIRE AGREEMENT. BY ACTIVATING THIS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS AND CONDITIONS.

1. GENERAL
1.a. In this Agreement:
 (i) "Service(s)" means any, some or all of:
   (A) Internet service;
   (B) Phone service;
   (C) long distance service;
 (ii) "You" and "Your" includes an applicant, customer, individual, corporation or other type of legal entity which has subscribed for Services.

1. b. Services offered by Smart Telecom are subject to the terms and conditions contained herein and additional terms and conditions related to a particular Service, which make up part of this Agreement. In the event of a conflict, these terms and conditions will take precedence. This Agreement, including any additional terms and conditions related to a particular Service constitute the entire Agreement between You and Smart Telecom and does not include any other written or oral representations or agreements.

1. c. This Agreement may be changed and updated from time to time by Smart Telecom and Smart Telecom will post an updated version on its website available at http://www.Smarttelecom.ca/terms-service and may additionally give You notice of any changes by mail, e-mail or messaging on your monthly bill. Please refer to the Smart Telecom Web site for the latest Terms of Service agreement. In the event of any such change, You will be responsible for paying all charges incurred for use of the Services, including charges resulting from the change or modification, and by Your continued subscription to the Services You will be deemed to have accepted the change. If you do not accept a change, you may terminate this Agreement upon at least 15 days advance notice before the end of your billing cycle to Smart Telecom. You cannot change this Agreement.

1. d. Language. You confirm that you accept this Agreement, as well as all other related documents, including invoices and notices, in English only. Les Présentes Conditions Générales sont disponibles en français sur demande

2. USE OF SERVICES
2.a. You may use the Services subscribed for provided that you do so in compliance with this Agreement, including the Terms of Use and Privacy Policy, and all applicable laws and regulation.

2. b. You acknowledge that you are authorized to subscribe for the Services and agree that you will not resell or transfer the Services to any other person for any purpose or make any charge for the use of the Service.

2. c. The Services (including rate plans) and any equipment are provided to you as a residential user, for your conventional personal, residential, non-business and non-professional use only and may not be used in any other way or for any other purpose. You agree that your use of the Services for commercial or any other non-residential purposes will obligate you to pay higher rates for those types of use. Smart Telecom reserves the right to immediately suspend, terminate or modify the Service if Smart Telecom determines in its sole discretion, that your service is being misused, including and without limitation, use for non-residential or commercial purposes and usage exceeding conventional residential use.

3. RESPONSIBILITY FOR CHARGES
3.a. You are responsible for all charges for Services subscribed to by you, including setup fees, monthly service charges, any restoral fees, long distance fees and any other charges incurred in using Your Services, regardless of who used the Services.

3. b. Ancillary Services, including but not limited to Service modifications and changes, 911 Access, Extra Business Listings, VOIP Rental Equipment’s, Prestige Numbers and Additional DIDs etc. will result in additional monthly charges from Smart Telecom.

3. c. You agree to treat Smart Telecom long distance and all other access codes and passwords, where applicable, as confidential and nontransferable. Smart Telecom reserves the right to deactivate Smart Telecom long distance access codes without notice if, in Smart Telecom’s sole discretion, fraudulent use is suspected. In the event that a Smart Telecom long distance access code is lost, stolen or used in an unauthorized manner, you will be responsible for notifying Smart Telecom by calling 416 509 5050. You acknowledge and agree that you shall be responsible for all costs incurred until such notification to Smart Telecom.

4. SPECIAL TERMS AND CONDITIONS RELATED TO SERVICES
4.a. Bundled Services. Different rates may apply for subscriptions to Bundled Services. If you cancel one or more of the Services in a Bundles Services plan, Smart Telecom will increase the rates for your remaining Services as per the prevailing rates at the time of canceling such services and/or charge you a cancellation fee in lieu for the expenses incurred specifically for your service.

4. b. Local Services. Transfer of Long Distance Telephone Service. Smart Telecom does not have the ability to transfer your long distance services from Smart Telecom’s long distance telephone service network to an alternate long distance provider. You agree that in the event that Your Local Line Services are terminated, you are solely responsible for contacting an alternate long distance service provider to convert your long distance service from Smart Telecom’s long distance telephone service network to an alternate long distance service provider.

4.c. Long Distance
 (i) “Unlimited” type rate plans are based on Your conventional personal, residential, non-business and non-professional use only and do not apply to any other type of use.  (ii) You agree that Smart Telecom may monitor your account for misuse and if Smart Telecom determines, in its sole discretion that your use is not for conventional residential purposes, Smart Telecom may terminate your use of the plan or switch you automatically to another plan.

4. d. Digital Subscriber Line Service. Service Availability. You may only subscribe for DSL Service if available in your geographical area. Smart Telecom reserves the right to deem DSL Service unavailable to you at any time. If such an event occurs, Smart Telecom will not charge you applicable fees, provided however, that you must return all DSL Service Equipment provided to you by Smart Telecom in its original good and proper physical and functional condition and within the specified time in this Agreement.

4. e. VOIP Service
 (i) Service Limitations: You acknowledge and understand that the Service is not a telephone service. The Service connects to the Internet, and not a telephone line. There are IMPORTANT DIFFERENCES between telephone service and the Service offering provided by Smart Telecom as set out in these Terms and Conditions.
 (ii) 9-1-1 LIMITATIONS: 9-1-1 service associated with VOIP Service HAS CERTAIN LIMITATIONS COMPARED WITH TRADITIONAL E-1-1, WHICH ARE SET OUT BELOW:
The type of 9-1-1 service available to You depends on where and how You use Your phone. There are two types of 9-1-1- service:
  1. E9-1-1 Service: You will have E9-1-1 service if your VOIP Service telephone number corresponds to your address and municipality where you permanently use your VOIP Service and E9-1-1 is available in your serving area. If you dial 9-1-1, your call is automatically routed to the Public Safety Answering Point (PSAP) corresponding to your address and the emergency operator will have your telephone and address information. You may be required to verify your name, telephone number and address with the emergency operator.
  2. Basic 9-1-1 Service: Basic 9-1-1 Service is provided in the following two situations.You will have Basic 9-1-1 Service if your VOIP Service telephone number does not correspond to your address and municipality where you permanently use your VOIP Service or if you live in a serving area in which E9-1-1 from Smart Telecom is not available. If you dial 9-1-1, you will be automatically routed to a specialized call center that handles emergency calls. The call center is different from the Public Safety Answering Point (PSAP) that would answer a traditional emergency call. You will be required to provide your name, telephone number and address to the call center operator.

OR

You will have Basic 9-1-1 Service if you intend on using Your VOIP Service from multiple locations. You have access to 9-1-1 service, but because you may be out of the coverage area of Your Public Safety Access Point (PSAP), whenever you dial 9-1-1, You will be automatically routed to a specialized call center that handles emergency calls. The call center is different from the Public Safety Answering Point (PSAP) that would answer a traditional emergency call. You will be required to provide your name, telephone number and address to the call center operator.

 (iii) SERVICE OUTAGES. YOU ACKNOWLEDGE AND UNDERSTAND THAT DURING SERVICE OUTAGES BY YOUR BROADBAND INTERNET SERVICE PROVIDER OR FOR ANY REASON WHATSOEVER, YOUR VOIP SERVICE INCLUDING 9-1-1 SERVICE, WILL NOT WORK. IN THE EVENT OF A POWER FAILURE, VOIP SERVICE, INCLUDING 9-1-1 SERVICE WILL NOT WORK. IF THERE IS AN INTERRUPTION IN THE POWER SUPPLY, THE VOIP SERVICE, INCLUDING 9-1-1 SERVICE, WILL NOT FUNCTION UNTIL POWER IS RESTORED. A POWER FAILURE OR DISRUPTION MAY REQUIRE YOU TO RESTART, RE-SET OR RECONFIGURE EQUIPMENT PRIOR TO USING THE VOIP SERVICE. SERVICE OUTAGES DUE TO SUSPENSION OF YOUR ACCOUNT AS A RESULT OF BILLING ISSUES WILL PREVENT VOIP SERVICE, INCLUDING 9-1-1 SERVICE.  (iv) YOU AGREE TO IMMEDIATELY ADVISE SMART TELECOM IF You intend on changing the address from which you use Your VoIP Service, TO ENSURE YOU MAINTAIN 9-1-1 SERVICE. YOU ACKNOWLEDGE AND UNDERSTAND SHOULD YOU FAIL TO DO SO, Your 9-1-1 service will not work properly and this will adversely affect your ability to access 9-1-1 service.  (v) YOU ACKNOWLEDGE AND AGREE THAT SMART TELECOM ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS, WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING TO THE 9-1-1 SERVICE AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SMART TELECOM (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS) FOR ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES AND EXPENSES, (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) WHICH YOU MAY SUFFER OR INCUR, ARISING DIRECTLY OR INDIRECTLY OUT OF OR RELATING TO YOUR FAILURE TO OBTAIN ACCESS TO 9-1-1 SERVICE.

 (vi) Operator Services Currently Not Available. Smart Telecom does not currently offer Operator Service.

5. TELEPHONE AND OTHER SERVICE NUMBERS AND ADDRESSES.
5. a. Ownership. Telephone numbers and numbers or addresses for other Services (e.g. VoIP, Internet, Static IP addresses, etc.) are a limited public resource. You do not own the number(s) assigned to you and Smart Telecom reserves the right to change the number(s) assigned to you. Smart Telecom will take all reasonable measures to prevent such an occurrence.

5. b. Number Portability. You may be able transfer an existing telephone or wireless number to be your telephone number for Your Smart Telecom Service(s) or transfer your Smart Telecom telephone to another service provider.

 (i) Transfer From Smart Telecom. You may not transfer Your Smart Telecom telephone number if Your Smart Telecom account is not in good standing. You will remain responsible for all fees and charges for your Service up until the date the transfer is fully complete.
 (ii) Transfer to Smart Telecom. Smart Telecom will not be responsible for any termination fees imposed by any other service provider as a result of you transferring your number to Smart Telecom. Smart Telecom cannot guarantee or warrant the date on which you will be able to switch your number, nor can it guarantee or warrant that you will be able to transfer your number. Please see the section of these Terms and Conditions entitled "Warranty Disclaimer and Limitation of Liability," below. In some cases Smart Telecom may offer you a temporary number until such time you are able to transfer your number to Smart Telecom.

6. SMART TELECOM EQUIPMENT AND FACILITIES.
6. a. Smart Telecom Equipment. Where required, Smart Telecom will provide and may install Equipment, required to provide you with Services, including cables and products. Such Equipment requires a Refundable Security Deposit at prevailing rates.

6. b. Ownership and Interest. You agree that the Equipment, including dial numbers and/or IP addresses assigned to You by Smart Telecom, shall at all times remain the property of Smart Telecom, and that You have no right, title or interest therein and agree to keep the Equipment free and clear of any levies, liens and encumbrances.

6. c. Non- Smart Telecom Equipment. If you may choose to use equipment not provided by Smart Telecom, You accept that Smart Telecom will not provide support for such equipment and does not guarantee performance of equipment and Service.

6. d. Receiving Equipment. Equipment shall be deemed to have been delivered in good working condition unless you give notice to Smart Telecom to the contrary within 5 days of receiving the Equipment.

6. e. Prohibited Changes. You agree that You will not re-arrange, disconnect, remove, reconfigure or repair any Equipment, including passwords, and in the case of VoIP Equipment, to not change electronic serial number or equipment identifier of the Equipment, or to perform a reset of the Equipment, except by prior written agreement with Smart Telecom. Terminal equipment provided by you may be connected with Smart Telecom’s facilities only by prior special written agreement with Smart Telecom. If you tamper with the Equipment, Smart Telecom reserves the right to terminate Your Service, in which case you will be responsible for all Charges for Your Service(s) and Equipment.

6. f. Fees for Prohibited Changes. You agree that if you make unauthorized changes to any Equipment provided to you by Smart Telecom which results in Service problems or downtime, Smart Telecom may charge You and You agree to pay Smart Telecom cost for any effort involved in the restoration or repair of Service to You.

6. g. Equipment Malfunction. If the Equipment malfunctions during its intended use, Smart Telecom, at its sole discretion, will maintain and replace the Equipment if necessary. In such an event, you agree that Smart Telecom’s liability and your sole remedy is limited to a refund of charges or replacement by Smart Telecom of such Equipment, provided that you notify Smart Telecom immediately upon Equipment malfunction. If it is determined that repair was not required or was required due to damage caused by You, You agree to pay Smart Telecom’ cost for such repair.

6. h. Safekeeping of Equipment. You agree that you are responsible for the safekeeping of Equipment from the moment you receive the Equipment until the Equipment is returned to Smart Telecom in good physical and functional condition.

6. i. Damaged Equipment. If, while in your care, the Equipment is damaged, lost, stolen, or if, in Smart Telecom’s sole discretion, the Equipment is returned in an unusable condition, you agree to pay the replacement value of the Equipment. If, in Smart Telecom’s sole discretion, such the Equipment is not damaged beyond repair, you agree to immediately place such Equipment in good repair, at your sole cost, at locations specified by Smart Telecom.

6. j. Return of Equipment. Upon cancellation or termination of Services, You agree to return, at your own expense (alternatively a Shipping & Handling Fee will be billed to You by Smart Telecom), the Equipment to Smart Telecom in good working condition within thirty (30) days of cancellation/termination or within a time specified by Smart Telecom. You are responsible for continuing charges for the Equipment until its return. If you fail to return the Equipment within the required time, Smart Telecom may repossess the Equipment at Your expense, and/or may charge you for the replacement cost such Equipment.

7. SMART TELECOM RIGHT TO ENTER PREMISES.
Smart Telecom 's agents and employees may, at reasonable hours and with Your permission (or the permission of another responsible person), enter premises on which Service is or is to be provided, to install, inspect, repair and remove its facilities, to inspect and perform necessary maintenance in cases of network-affecting disruptions involving Customer-provided facilities. Permission is not required in cases of emergency or where entry is pursuant to a court order or other legal requirement.

8. SERVICE INTERRUPTION.
Smart Telecom may interrupt your services at any time for any duration without notice or liability to inspect, install, replace, repair or perform maintenance on the Equipment or facilities or for any required technical reasons.

9. CHANGES OR TERMINATION OF RATES AND PLANS.
Smart Telecom may at any time and without notice to you, change, modify or terminate any rates, plans or plan features, in whole or in part, including introducing new charges or fees. In the event of any such change, by Your continued subscription to the Services you will be deemed to have accepted the change and You will be responsible for paying all charges incurred for use of the Services, including charges resulting from the change or modification.

10. PAYMENTS AND BILLING.
10.a. Charges will commence as at the date of activation or delivery of Services. Even if you have not collected your equipment’s for Your Service(s), services deemed to be started on the date of activation and charges will commence automatically from the activation date. All services offered are based on Pre-Paid basis and payable monthly in advance and some charges are payable when billed. Smart Telecom reserves the right to ask for pre-authorized payment for certain Services.

10.b. You are responsible for payment to Smart Telecom of charges for all Service(s) and Equipment furnished to you. Payment is due promptly upon delivery of invoice and before the start date of service or billing period.

10.c. An Administrative Surcharge will apply to payments that are returned as Not Sufficient Funds ("NSF"), including cheque, credit card and pre-authorized debit payments.

10.d. Late Payment Charge of 3% a month (42.58% per annum) on your balance will apply for payments not received on or before the due date. Minimum Late Payment Charge will be $2.00. A Re-Activation Charge will apply for accounts suspended for non-payment of bill

10.e. In exceptional circumstances, for example, where you present an abnormal risk of loss to Smart Telecom, prior to the normal billing date Smart Telecom may require payment from you on an interim basis for the charges that have accrued. In such cases, the charges will be considered past due three (3) days after they are incurred or three (3) days after Smart Telecom demands payment, whichever occurs later.

10.f. Smart Telecom may request immediate payment in extreme situations, provided Smart Telecom has notified You and the abnormal risk of loss has substantially increased since that notice was given or Smart Telecom, at its sole discretion, has reasonable grounds for believing that there exists an intention to defraud Smart Telecom.

10.g. You must bring invoice inquires or disputes to Smart Telecom’ attention within forty-five (45) days of the date of the invoice, or you will be deemed to have accepted the invoice.

10.h. Refunds of $10 or less will be credited against Your account. Smart Telecom will not issue refunds for amounts lower than $10.

10.i. If you choose to receive a paper invoice, you will be charged a small fee per invoice to cover the cost of the paper invoice. You will not be charged this fee if you choose to receive your invoice electronically (see Section 11 "E-Billing Services" below).

11. E-BILLING SERVICES
(Note: E-Billing Service is currently only available for certain products and services and some restrictions apply)

11.a. Once your application for E-Billing Services has been accepted by Smart Telecom, You will receive invoices for Services via electronic mail ("E-Bills") every month. You understand and agree that you will no longer receive paper invoices via regular mail and you agree to ensure that You have the proper hardware, software and Internet services in order to receive the E-Billing Services.

11.b. Smart Telecom reserves the right to withdraw the E-Billing Services upon providing You with reasonable notice and to cancel a subscriber's E-Billing Service if You have used the E-Billing Service for purposes that are contrary to law or in a way that disrupts the E-Billing Service.

11.c. You agree that it is your responsibility to provide Smart Telecom with all correct information in order to receive the E-Billing Services. If you change email addresses, it is your responsibility to notify Smart Telecom immediately of such change. You are responsible for payment of invoices even where You have any difficulties accessing the E-Billing Service

11.d You agree that if the E-Bill e-mailed to You is returned to Smart Telecom as undeliverable, Your billing method for Your account will revert back to paper and regular mail invoicing commencing Your next invoice, unless You immediately notify Smart Telecom and provide Smart Telecom with the correct e-mail address.

11.e. In the event of a discrepancy between the E-Bill and Smart Telecom’s billing records, you agree that Smart Telecom’s billing records will be taken as correct.

11.f. You may cancel the E-billing Service, upon providing Smart Telecom with 30 days’ notice, after which, your invoices will be sent via regular mail.

12. CREDIT CHECK AND SECURITY DEPOSITS.
12.a. Smart Telecom and those acting on its behalf reserve the right to conduct a credit check from time to time on You and to require a deposit or other security, including a credit card payment, before it provides or continues to provide any Service to You, and You consent to the credit check and the provision of Your personal information to credit bureaus, credit grantors and suppliers of services, in accordance with Smart Telecom’ Privacy Policy. You further agree to provide any appropriate authorizations and financial information as Smart Telecom may reasonably request for this purpose.

12.b. Smart Telecom will require security deposits from You at any time where, at the sole discretion of Smart Telecom, You have no credit history with Smart Telecom and do not provide satisfactory credit information, have an unsatisfactory credit rating; or present a risk of loss. Smart Telecom will release such security deposit at its discretion and upon satisfactory payment history. Further security may be required if you subscribe for further Services and/or Service usage increases.

13. TERM AND TERMINATION.
13.a. Smart Telecom does not operate with fixed contract periods. The term means the start day of service or the start date of a billing period to the end date of billing period, usually 30 days or 12 months.

13.b. Cancellation by You. If you subscribe for Services on a monthly basis, you may cancel Your Service Schedule(s) at the end of any given billing period provided you give Smart Telecom fifteen (15) days prior written notice. Upon cancellation of Your Service Schedule(s), you will remain responsible and agree to pay for all charges which you owe Smart Telecom until the effective date of your cancellation and you have paid your account in full to the satisfaction of Smart Telecom. IF YOU SUBSCRIBE FOR SERVICES FOR A YEAR TERM, YOU MAY CANCEL YOUR SERVICE BEFORE THE END OF THE TERM, PROVIDED THAT YOU GIVE SMART TELECOM FIFTEEN (15) DAYS PRIOR WRITTEN NOTICE. IN SUCH CASES YOUR SERVICES WILL BE CONSIDERED AS REGULAR MONTHLY SERVICES AND BE BILLED AT THE PREVAILING REGULAR MONTHLY RATES AND ANY EXCESS WILL BE REFUNDED. In the event You do not give Smart Telecom fifteen (15) days prior written notice before end of the billing period for service cancellation, You will be billed for the next billing period appearing on Your invoice. Upon cancellation of Your Service, You will remain responsible and agree to pay for all charges which you owe Smart Telecom until you have paid your account in full to the satisfaction of Smart Telecom. A cancellation fee may apply to all service cancellations.

13.c. Cancellation, Suspension or Termination by Smart Telecom. In addition to all other rights as set out in this Agreement, Smart Telecom may cancel, suspend or Terminate this Agreement and Your Services and may charge a suspension fee if You:
 (i) fail to pay outstanding past due amounts for Your Services or Your payment is returned N.S.F. In such cases, Smart Telecom may not resume Your Services until full payment is made sufficient to cover the amounts outstanding;
 (ii) fail to pay outstanding past due amounts for any other services provided by Smart Telecom to You;
 (iii) fail to provide interim payment when requested by Smart Telecom;
 (iv) become bankrupt or insolvent;
 (v) fail to meet Smart Telecom’ credit requirements;
 (vi) present an abnormal risk of loss (including, incurrent a significant amount of billable charges) as determined in Smart Telecom’ sole discretion;
 (vii) violate any term in this Agreement;
 (viii) use the Service(s) in a manner which is contrary to this Agreement and/or law, including CRTC rulings, decisions or orders and tariffs, or for the purposes of communicating in a way that is harassing, threatening, abusive or annoying;
 (ix) subscribe for Internet Services, which do not include the use of Static IP Addresses (DSL Internet Access with a modem),and use automated operations and / or server applications requiring connectivity
 (x) are threatening, harassing, abusive or unreasonable to Smart Telecom, its employees and agents; or
 (xi) alter or interfere with Smart Telecom Equipment.

IN THE EVENT OF SUSPENSION, CANCELLATION OR TERMINATION OF SERVICES, ALL FEATURES AND SERVICES, INCLUDING 9-1-1 SERVICE, WILL ALSO BE SUSPENDED OR TERMINATED.

13.d. Your Responsibility Upon Termination. You remain responsible to pay all charges for Your Services up to the date of suspension, cancellation or termination by Smart Telecom. Smart Telecom reserves the right to charge you a reactivation fee if your Service is reactivated after suspension.

14. SMART TELECOM RIGHT TO REFUSE TO PROVIDE SERVICES.
Smart Telecom may, in its sole discretion, refuse to provide Services to You where
 (a) You owe past due amounts to Smart Telecom or have had a history of past due amounts owed to Smart Telecom;
 (b) You do not provide a security deposit or other requirements requested by Smart Telecom;
 (c) You pose a credit risk or an abnormal risk of loss;
 (d) Smart Telecom will incur unusual costs or expenses which You will not pay; or
 (e) Smart Telecom does not provide the requested Service(s) in Your area.

15. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Smart Telecom and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including legal fees, resulting from any breach by you of this Agreement, even after this Agreement have been terminated.

16. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.
16.a. Smart Telecom does not guarantee uninterrupted Services operation. Smart Telecom and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers, provide the services “as is” and make no express or implied warranties of any kind regarding the Services, facilities, network, Equipment or products in any way. To the extent applicable by law, Smart Telecom and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers make no warranty of merchantability or fitness for a particular purpose or use.

16.b. In particular and without limitation, Smart Telecom and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers, are not liable for:  (i) disruption or interruption in Service availability, INCLUDING UNAVAILABILITY OF 9-1-1 SERVICE;
 (ii) any event beyond Smart Telecom’ control, including acts of God, inclement weather, labor disputes, riots or civil disputes, war or armed conflict, any law, governmental order, regulation or decision; or
 (iii) damage to the Equipment or Your premises, which is not wholly caused by Smart Telecom ’ gross negligence or willful misconduct.

16.c. Notwithstanding the foregoing, Smart Telecom and its directors, officers, agents, assigns, underlying carriers, licensors and suppliers , shall in no event be liable to You or any person for any actual, direct, indirect, consequential, special, incidental, reliance, punitive or any other damages, or lost profits of any kind whatsoever, injury, death or damage to person or property, whether in negligence, breach of contract, tort or other causes of action, arising out of the provision of Services or in any way from this Agreement, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF 9-1-1 SERVICE. In the event Smart Telecom is found liable by a court of competent jurisdiction, liability will not exceed an amount equal to the price of Services purchased by you during the month preceding the event in question.

16.d. Any action or proceeding against Smart Telecom by You must be commenced no later than 1 year after the event giving rise to the action or proceeding.

17. PERSONAL INFORMATION.
17a. Privacy. Unless You consent in writing or disclosure is pursuant to a legal power, Your information kept by Smart Telecom, other than Your name, address and listed telephone number, is confidential and will not be disclosed by Smart Telecom to anyone other than You or an agent retained by Smart Telecom in the collection of Your account, provided the information is required for and is to be used only for that purpose. Smart Telecom’ Privacy Policy is available at http://www.Smarttelecom.ca/privacy-policy or through a Smart Telecom service representative.

17.b. Personal Information Updates. You agree that you will give Smart Telecom at least 15 days prior written notice of any changes to your billing information, including but not limited to your new address and contact information.

18. SMART TELECOM INTELLECTUAL PROPERTY.
Smart Telecom is the exclusive owner of all names, trade names, service marks and any copyright material relating to the Services and you cannot use these marks or copyrighted materials or any licenses.

19. DIRECTORY LISTINGS
19.a. If you subscribe to Smart Telecom business Service, Your name, address and telephone number will be published in the telephone directory in for your area. You may wish to request Smart Telecom not to list in the business telephone directory. Smart Telecom cannot guarantee that the directory service in your area or any internet directory service will not obtain and publish your telephone number and address from any other source other than Smart Telecom.

19.b. In the case of errors or omissions with directory listings or failure to remove a directory listing, Smart Telecom’ maximum liability will be a credit of charges for this service.

20. GENERAL
20.a. Notices and Communications. Any notice or other communication required by this Agreement will be in writing and will be provided by personal delivery, by facsimile OR BY EMAIL to Smart Telecom or You as applicable, at the address or facsimile number provided by you. Notices delivered in person will be effective on the date of such delivery. Notices delivered by facsimile will be effective on the date of transmission provided printed proof of transmission is obtained.

20.b. Assignment. You may not assign, resell or transfer this Agreement or Service(s) to a third party without the prior written consent of Smart Telecom. This Agreement will ensure to the benefit of, and be binding upon, the parties and your respective heirs, executors, administrators, successors and permitted assignees.

20.c. Independent Contractors. Smart Telecom provides Services to you as an independent contractor and this Agreement does not constitute or imply any partnership, joint venture, fiduciary relationship or other relationship between you and Smart Telecom.

20.d. No Waiver. The terms and provisions of this Agreement may only be waived in writing signed by Smart Telecom. No failure by Smart Telecom to insist upon your performance of any obligation in this Agreement will constitute a waiver of the obligation.

20.e. Severability. If any portion of this Agreement is deemed invalid, illegal or unenforceable, it will not affect or impair the balance of the Agreement, which will remain enforceable.

20.f. Jurisdiction. This Agreement will be governed in all respects by the laws of the Province of Ontario, Canada.

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