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User Agreement. The rendering of an invoice(s) by Jorards Communication and its partners (i.e. xinflix) Inc. shall be construed as an offer to extend this agreement and the payment of such invoice(s) by customer shall be construed as an acceptance. If such invoice(s) are not paid within fifteen (15) days of presentment, in the legal money of Canada, Jorards Communication and its partners (i.e. xinflix) Inc. may terminate this agreement and discontinue services. 1. EMERGENCY SERVICES - 911 Dialing through VoIP 1.01 Non-Availability of Traditional 9-1-1 or E9-1-1 Dialing Service. 1.1 Non-Availability of Traditional 911 or E911 Dialing Service. Jorards Communication and its partners (i.e. xinflix) Inc. offers a form of 911 service (911 Dialing) that is similar to traditional 911 service but has some important differences and limitations when compared with enhanced 911 service (E911) available in most locations in conjunction with traditional telephone service. With both traditional 911 and E911 service, your call is sent directly to the nearest emergency response centre. In addition, with E911 service, your call back number and address are visible to the emergency response centre call-taker. With Jorards Communication and its partners (i.e. xinflix)'s 911 service, your call is sent to a national emergency call centre. The call centre operator will request or confirm your location information and then transfer your 911 call to the emergency response centre nearest your location. You should be prepared to provide or confirm your address and call-back number with the operator. If you use a SoftPhone, your 911 calls will be routed to the national emergency response centre, however, emergency personnel do not receive your phone number or physical location information. Do not hang up unless told directly to do so and if disconnected, you should dial 911 again. 1.2 Registration of Physical Location Required. You should ensure your location information, when registered with Jorards Communication and its partners (i.e. xinflix) Inc., is kept current at all times. In case you are not able to speak during the 911 call, the call taker would dispatch emergency response vehicles to your last registered address. You need to update your 911 Dialing information if you move your device to a different location and/or if you add a new line to your account. Regardless of what address you register for a SoftPhone, the national emergency response centre does not receive your phone number or physical location information when you place a 911 call. Your 911 Dialing service is activated when you subscribe to Jorards Communication and its partners (i.e. xinflix) Inc. service. 1.3 Service Outages. 911 Dialing service will not function in the event of a power or broadband outage or if your broadband, ISP or Jorards Communication and its partners (i.e. xinflix) Inc. a service is suspended or disconnected. Following a power failure or disruption, you may need to reset or reconfigure your Device prior to utilizing the service, including 911 Dialing. 1.4 Re-Registration Required if You Change Your Number or Add or Port New Numbers. You must successfully register your location of use for each changed, newly added or newly ported number in order for 911 Dialing to function as intended. Regardless of what address you register for a SoftPhone, the national emergency response centre does not receive your phone number or physical location information when you place a 911 call. 1.5 Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 Dialing over traditional public telephone networks. 1.6 Conveying Limitations to other household residents and guests. You should inform any household residents, guests and other persons who may be present at the physical location where you utilize the Jorards Communication and its partners (i.e. xinflix) Inc. service, of the important differences in and limitations of VoIP 911 Dialing service as compared with E911 service, as set out above. 1.7 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response centre. We disclaim all responsibility for the conduct of local emergency response centres and the national emergency calling centre. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centres and to a national emergency calling centre. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Jorards Communication and its partners (i.e. xinflix) Inc. nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Jorards Communication and its partners (i.e. xinflix) Inc, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel. 1.8 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the Service. 1.9 Location Change. Any moving of service from one location to another comes with a $99 move fee. Auto Downgrades Any client that is on a term larger then 1 month and has outstanding invoices will be automatically downgraded to the month to month term. This means that if you normally pay anually and your credit card fails we will automatically start to bill you month to month on the montly rate. If you wish to cancel please e-mail billing@Jorards Communication and its partners (i.e. xinflix).com and request cancelation. The decisions made by the Canadian Radio and Television Commission (the �CRTC�) and other regulatory bodies with jurisdiction over Jorards Communication and its partners (i.e. xinflix) and its services affect the contracts for services you have contracted for with us and Jorards Communication and its partners (i.e. xinflix)�s costs of providing them . Therefore all cited prices for all services Jorards Communication and its partners (i.e. xinflix) offers to you either on an initial term or on a renewal of your contract will be increased immediately in the event that the CRTC or other regulatory bodies may issue orders that may apply to the services you contract for or the price for those services. The increases in costs to Jorards Communication and its partners (i.e. xinflix) for providing those services will be passed on to you, the consumer. Jorards Communication and its partners (i.e. xinflix) Inc. therefore reserves the right to increase the rates you pay and increase the amount on your bills to reflect these increased costs Jorards Communication and its partners (i.e. xinflix) Inc. shall not be responsible or liable for direct of consequential damages caused by acts of government, insurrection, riot, civil disturbance, outages suffered by electric utilities, or outages suffered by RPOAs or intermediary private networks over whose facilities Customer Web traffic is carried to and from the Web Server provided by Jorards Communication and its partners (i.e. xinflix) Inc. Even if Jorards Communication and its partners (i.e. xinflix) were to be found to be negligent or at fault, Jorards Communication and its partners (i.e. xinflix) Inc. shall not be liable for more than a refund of the monies paid by Customer to Jorards Communication and its partners (i.e. xinflix). Jorards Communication and its partners (i.e. xinflix) makes no representation as to the merchantability or fitness for any purpose of the Phone or DSl service and ancillary derive to be provided to customer. Customer agrees to comply with all applicable governmental laws in their use of their service and ancillary services provided by Jorards Communication and its partners (i.e. xinflix) Inc., and, in the event of any non-compliance, agrees to hold harmless Jorards Communication and its partners (i.e. xinflix) and its personnel and contractors from the consequence of such non-compliance. If any action in law or equity is instituted by either party hereto with respect to the subject matter of this agreement, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney's fees, legal costs, and expenses reasonably incurred. This is the entire agreement. It may not be changed orally. Any waiver, alteration, or modification of any of the provisions of this agreement will not be valid unless in writing signed by both parties. Billing. All terms are due up front. If you sign up for the lowest rate then you are likely on the 1 year term. You will be billed the entire term up front and then billed on a yearly basis.All credit cards are billed automatically on there renewal dates. If you do not want to renew your account please cancel the account on or before the renewal date. Cancellations must be done by e-mail and sent to accounting@Jorards Communication and its partners (i.e. xinflix).com or billing@Jorards Communication and its partners (i.e. xinflix).com. Please make sure you obtain the cancellation ID or ticket number for your request to confirm cancellation of service. Promo Codes. Promo codes are only applicable for the first term. After the initial term is over the accounts will auto renew at the regular rate. If you wish to cancel please do so by contacting billing@Jorards Communication and its partners (i.e. xinflix).com. Please note that any customer that has already used the promo code once will not be able to sign up using the promo code again. Any client who attempts to cancel service and initiate again to obtain the promo price will be refused. Furthermore, promo prices are only applicable once per household. Any attempt to place orders with a different name at an address previously supplied with service will also be denied. Disclosure. We may disclose the personal information of the client such as the client's identity and the clients address and phone numbers and related information without the knowledge or consent of the client when a) we are required to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or b) to comply with rules of court relating to the production of records; or c) made to a government institution or part of a government institution that has made a request for the information, identified its lawful authority to obtain the information and indicated that (i) it suspects that the information relates to national security, the defence of Canada or the conduct of international affairs, (ii) the disclosure is requested for the purpose of enforcing any law of Canada, a province or a foreign jurisdiction, carrying out an investigation relating to the enforcement of any such law or gathering intelligence for the purpose of enforcing any such law, or (iii) the disclosure is requested for the purpose of administering any law of Canada or a province; 30 Day Money Back. If you are not satisfied with our service for any reason within the first 30 days, Jorards Communication and its partners (i.e. xinflix) will provide a full refund less any usage incurred through long distance charges. After the initial 30 day period a customer must complete the remainder of the term. Customer(s) may choose to cancel the account prior to the end of term however, no refund will be issued for that period. Jorards Communication and its partners (i.e. xinflix) Inc. understands that due to the nature of our technology and affiliations with other partners, issues can occur which are out of our control. In such cases Jorards Communication and its partners (i.e. xinflix) Billing department may choose at our sole discretion to grant refunds on a case by case basis. Furthermore the 30 day unconditional money back guarentee does not apply for renewals. Customers must terminate the agreement before or on the renewal date. Should a client forget to terminate before the renewal date, clients will be required to pay each additional month of service ( at the monthly rate ) and the remainder will be refunded. Auto Disconnects. Due to internet stability some calls never end up terminating after a call has been hung up thus the client keeps getting billed. To help prevent incorrect billing we have set an absolute timeout of 1 hour and 30 minutes. Your calls will auto disconnect if you are on the phone past that time period. You can dial the number again and stay on the phone for another period of time equal to the first. Disclaimer Jorards Communication and its partners (i.e. xinflix) Inc.cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their service was functioning. Thus, certain equipment, routing, software, and programming used by Jorards Communication and its partners (i.e. xinflix) Inc. are not directly owned and written by Jorards Communication and its partners (i.e. xinflix) Inc.. Moreover, Jorards Communication and its partners (i.e. xinflix) Inc.holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Jorards Communication and its partners (i.e. xinflix) Inc.sees fit. Prohibited Uses * Unlawful * Call Centers * Auto-dialing * Continuous or extensive call forwarding * Fax or voicemail broadcasting * Telemarketing or Mass Solicitations * Fax or voicemail blasting * Continous Call Conferencing * Spaming Residential vs Business. Any client found to be a residential client and communicating with more then 50 different phone numbers per month is considered a business client. This does not mean that you cannot place/receive more then 50 calls, it simply means that you can not communicate with more then 50 completely different numbers unless you are a business client. Any client found to be considered business and communicating with more then 250 completely different numbers is also prohibited.In addition. If a client is found to be breaching any of the above uses the client or company is fully responsible for all monetary damages done to Jorards Communication and its partners (i.e. xinflix) Inc due to such actions.. Suspension of Service. The Company reserves the right to suspend the Service, in whole or in part, including any features, at any time in the Company's sole and absolute discretion. If the Company determines that the suspension of the Service is without fault of the Customer, then the Customer may request a credit of the monthly charges for each day the Service was not in effect Furthermore: Jorards Communication and its partners (i.e. xinflix) Inc. retains the right to change any or all of the above Policies, Guidelines, and Disclaimers without notification. Jorards Communication and its partners (i.e. xinflix) Inc. reserves the right to terminate or discontinue the Service at any time, for any reason or for no reason, in the Company's sole and absolute discretion. If the Company discontinues or terminates the Service without fault of the Customer, the Customer will only be responsible for usage charges accrued while the Service was in effect and the Customer will be entitled to a credit for the unused portion of the final month's charges. This agreement shall be governed by the laws of the province of Ontario, Canada, and in the event any litigation must be initiated to reinforced the terms of this agreement, said legal action must be brought in the courts of the Province of Ontario. Email: info@xinflix.com or clientcare@jorards.com