1. GENERAL
1.a. In this General Terms and Conditions “Service(s)” include MeloTel’s Data Services and Voice Services, and any MeloTel facility and equipment associated with the Services.
1.b. Services offered by MeloTel are subject to the Terms and Conditions contained herein and any written application for Service, Service order form or Service Summary (“Service Agreement(s)”).
1.c. For the purposes of this Agreement, “You” includes an applicant, customer, person, corporation or other type of business/organization/legal entity which has subscribed for Services.
1.d. This Agreement sets out Your basic rights and obligations and will apply with respect to Services for which You have subscribed.
1.e. The Terms and Conditions may be changed and updated from time to time by MeloTel. MeloTel will post updated Terms and Conditions on its website available at http://www.melotel.com/. or give You notice of any changes by letter or in Your monthly bill. Your continued use of the Services thereafter will be deemed acceptance by You of such changes. Please keep checking our web site for the latest Terms and Conditions.
1.f. You agree to read and adhere to MeloTel’s Acceptable Use Policy (“AUP”) available at http://www.melotel.com/ and MeloTel’s Privacy Policy (“Privacy Policy”) available at http://www.melotel.com/ and agree to hold MeloTel harmless from all liabilities and expenses related to any violation by You of the AUP and/or Privacy Policy.
1.g. Language. You confirm that You accept this Agreement, as well as all other related documents, including notices, in English only.
2. TERM AND TERMINATION
2.a. The initial term of Services will begin the first day the Service is operational or as otherwise set out in the Service Agreement(s) given to You by MeloTel when You subscribe for Services. Your Service(s) will automatically renew for the same successive term(s) unless either party gives the other party written notice of cancellation at least thirty (30) days before completion of initial or subsequent term(s). In the event You cancel the Service before the Service is operational, You agree to pay at a minimum, installation costs associated with the Services.
2.b. If You subscribe for Services on a monthly basis, You may cancel Your Service Agreement(s) at any time, provided You give MeloTel thirty (30) days prior written notice. Upon cancellation of Your Service Agreement(s), You will remain responsible and agree to pay for all charges which You owe MeloTel until You have paid Your account in full to the satisfaction of MeloTel.
2.c. If You subscribe for Services for a one year period, You may cancel your Service Agreement(s) before the end of Your one year period, provided that You give MeloTel 30 days prior written notice and provided that You pay MeloTel a cancellation fee equal to fifty (50)% of the average monthly usage , where usage is applicable and 50% of the monthly recurring charge for each of the Services specified in the Service Agreement(s) multiplied by the number of months in the unexpired portion of the term in effect at the time. Upon cancellation of Your Service Agreement(s), You will remain responsible and agree to pay for all charges which You owe MeloTel until You have paid Your account in full to the satisfaction of MeloTel.
2.d. If You have subscribed for Services which will automatically renew after the first year, You agree You are responsible for payment of subsequent terms for such Services, and give us permission to charge your account with the renewal amount, unless You notify MeloTel in writing, 30 days prior to automatic renewal, of Your intention not to renew.
2.e. If You have prepaid for Services for a specific term and wish to cancel Your Services before the end of such specific term, MeloTel will not provide You with a refund for such prepaid amount.
3. REGULATORY
3.a. Where applicable, either party may immediately cancel the Service Agreement(s) without penalty in the event of any regulatory or legislative change or government policy that renders the Service Agreement(s) unenforceable or illegal. You will remain obligated to pay any amounts that have accrued at the time of such cancellation. In the event that the Canadian Radio-television Commission (C.R.T.C.) chooses to forbear or deregulate or substantially change its tariffs, MeloTel will have the option, at its sole discretion, to adjust the amounts under the Service Agreement(s) accordingly.
4. RATES
4.a. The Services identified in the Service Agreement(s) are offered to You at the rates, and are subject to the monthly usage, specified in the MeloTel rate schedules in effect at the time the Service Agreement(s) was entered into. In the event that Your usage is lower than said monthly usage, MeloTel may contact You and provide You with thirty (30) days written notice of revised rates appropriate to Your actual usage level. MeloTel reserves the right to change the rates upon giving You thirty (30) days written notice. MeloTel will give You notice of any such rate change by letter or notice in Your monthly bill.
4.b. In the event that MeloTel introduces new rate plans during the term of the Service Agreement (s), You may have the option of switching to any such new plan, without penalty, provided You meet the requirements of the new plan and provided that the length of the term of the Service Agreement(s) in effect at that time is not reduced.
5. CREDIT CHECK
5.a. You consent and agree that MeloTel has the right to check Your credit rating from time to time.
5.b. You consent to the receipt and provision of account information from and to credit grantors, credit bureaus and suppliers of services.
6. PERSONAL INFORMATION
6.a. Privacy. Unless You consent in writing or disclosure is pursuant to a legal power, Your information kept by MeloTel, other than Your name, address and/or listed telephone number, is confidential and will not be disclosed by MeloTel to anyone other than You or an agent retained by MeloTel in the collection of Your account, provided the information is required for and is to be used only for that purpose. If You have any questions regarding our Privacy Policy, it is available for Your review at http://www.melotel.com/.
6.b. Personal Information Updates. You agree that You will give MeloTel prior written notice of any changes to Your billing information, including but not limited to Your new address and contact information.
7. PROVISION OF SERVICE
7.a. MeloTel is not required to provide Service to an applicant where:
1) MeloTel would have to incur unusual expenses which the applicant will not pay; for example, for securing rights of way or for special construction or where Service is not available;
2) the applicant owes amounts to MeloTel that are past due other than as a guarantor; or
3) the applicant does not provide a reasonable deposit or alternative required.
7.b. Where MeloTel does not provide Service on application it will provide the applicant with an explanation upon request.
8. DEPOSITS AND ALTERNATIVES
8.a. MeloTel may require deposits from an applicant or You at any time where, at the sole discretion of MeloTel, You or the applicant have no credit history with MeloTel and do not provide satisfactory credit information, have an unsatisfactory credit rating with MeloTel due to payment practices in the previous two (2) years regarding MeloTel’s Services; or clearly present an abnormal risk of loss.
9. PAYMENTS AND BILLING
9.a. Fixed charges are payable monthly and other charges are payable when billed.
9.b. You are responsible for payment to MeloTel of charges for all Service(s) and equipment furnished to You.
9.c. A late payment charge applies when payment has not been received thirty (30) days after the date of the statement of account for Service. This charge will apply when the unpaid portion of the account is in excess of twenty dollars ($20.00) and is a monthly compound rate of 2.5%. This charge will apply to charges for all Services.
9.d. In exceptional circumstances, for example, if You have incurred a significant amount of billable charges and present an abnormal risk of loss to MeloTel, prior to the normal billing date MeloTel may request payment from You on an interim basis for the non-recurring charges that have accrued, providing You with details regarding the Services and charges in question. In such cases, the charges can be considered past due three days after they are incurred or three days after MeloTel demands payment, whichever occurs later.
9.e. No charge disputed by You can be considered past due unless MeloTel, at its sole discretion, has reasonable grounds for believing that the purpose of the dispute is to evade or delay payment.
9.f. MeloTel may request immediate payment in extreme situations, provided MeloTel has notified You and the abnormal risk of loss has substantially increased since that notice was given or MeloTel, at its sole discretion, has reasonable grounds for believing that there exists an intention to defraud MeloTel.
9.g. Refunds. You acknowledge that MeloTel will not issue cheques for refunds for amounts lower than ten dollars ($100.00). In the alternative, You agree that any refunds lower than ten dollars ($100.00) will be credited against Your account.
9.h. MeloTel reserves the right to ask for pre-authorized payment for certain Services.
10. YOUR LIABILITY FOR CALLS AND OTHER SERVICES
10.a. You are responsible and liable for paying for all calls originating from and charged calls accepted at Your terminals, regardless of who made them.
10.b. You are responsible for all charges for Services agreed upon by the Customer and MeloTel in the Service Agreement(s).
10.c. You agree to treat MeloTel telephone cards and all other access codes and passwords, where applicable, as confidential and non transferable. MeloTel reserves the right to deactivate MeloTel telephone card codes without notice if, in MeloTel’s sole discretion, fraudulent use is suspected. In the event that a MeloTel telephone card is lost, stolen or used in an unauthorized manner, You will be responsible for notifying MeloTel by calling 1-866-610-6654 if You are a commercial or residential customer. You acknowledge and agree that You shall be responsible for all costs incurred until such notification to MeloTel.
11. LIABILITY FOR UNBILLED AND UNDER BILLED CHARGES
11.a. Unless there has been deception with regard to a charge, You are not responsible for paying a previously unbilled or under billed charge except where:
1) in the case of a recurring charge or a charge for an international long distance message, it is correctly billed within a period of one year from the date it was incurred; or
2) in the case of a non-recurring charge other than for an international long distance message, it is correctly billed within a period of 150 days from the date it was incurred.
11.b. In the circumstances described in this section a., unless there has been deception, MeloTel cannot charge You interest on the amount of the correction.
12. LIABILITY FOR CHARGES THAT SHOULD NOT HAVE BEEN BILLED AND OVER BILLED CHARGES
12.a. In the case of a recurring charge that should not have been billed or that was overbilled, You will be credited with the excess back to the date of the error, subject to applicable limitation periods provided by law. However, if You do not dispute the charge within 6 months of the date of an itemized statement which shows that charge correctly, MeloTel will not credit such charge for the period prior to that statement.
12.b. Non-recurring charges that should not have been billed or that were overbilled must be credited, provided that You dispute such charges within 90 days of the date of the bill.
12.c. If You are credited with any amount that should not have been billed or that was overbilled, interest must also be credited on that amount at the rate payable for interest on deposits that applied during the period in question.
13. E-BILLING SERVICE(s)
E-Billing Service is currently only available for certain products and services and some restrictions apply. When subscribing for Services please inquire.
13.a. E-Billing Services. Once your application for E-Billing Services has been accepted by MeloTel, this Service would allow You to receive invoices for certain Services via electronic mail (“E-Bills”) every month. If You subscribe for E-Billing Services, You understand and acknowledge You will no longer receive paper invoices via regular mail. As such, You agree to ensure that You have the proper hardware, software and Internet services in order to receive the E-Billing Services.
13.b. MeloTel’s rights and obligations.
1) MeloTel reserves the right to withdraw the E-Billing Services upon providing You with reasonable notice.
2) MeloTel reserves the right 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.
13.c. Customer rights and obligations.
1) You agree that it is Your responsibility to provide MeloTel with all correct information in order to receive the E-Billing Services. If You change email addresses, it is Your responsibility to notify MeloTel immediately of such change.
2) You agree that it is Your responsibility (at Your own cost) to make sure that You have the necessary Internet and the necessary hardware and software to allow MeloTel to provide You the E-Billing Service.
3) If You have any difficulties accessing the E-Billing Service or if for whatever reason You have not received an E-Bill, You agree that You are still responsible for payment.
4) You agree that if the E-Bill e-mailed to You is returned to MeloTel 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 MeloTel and provide MeloTel with the correct e-mail address.
5) In the event of a discrepancy between the E-Bill and MeloTel’s billing records, You agree that MeloTel’s billing records will be taken as correct.
6) You may cancel the E-billing Service, upon providing MeloTel with 30 days written notice, after which, Your invoices will be sent via regular mail.
7) You understand and agree that the General Terms and Conditions herein still apply.
8) You understand and acknowledge that MeloTel’s only accepted methods of payment for E-Billing Services are: one-time credit card payments, pre-authorized monthly credit card payments, pre-authorized chequing account withdrawals, telephone banking and Internet banking.
14. SUSPENSION OR TERMINATION OF SERVICES
14.a. General. You acknowledge that MeloTel may terminate the Services immediately, without any notice and without any indirect or direct liability to You whatsoever, if, at the sole discretion of MeloTel, You misuse or permit others to misuse or abuse the Services for purposes that are contrary to law or contrary to these Terms and Conditions, the Service Agreement(s), and Privacy Policy, and/or if MeloTel has to preserve the integrity of the network, or comply with laws and other tariffs.
14.b. Internet Service Abuse. You agree that if you subscribe for Internet Services, which does not include the use of Static IP Addresses (such as Dial-up Internet Access or DSL Internet Access with a modem), You are prohibited from using automated operations and / or server applications requiring connectivity. MeloTel considers such actions abuse of Internet Services and as such Your account will be subject to disconnection or termination of Internet Service without notice.
14.c. Overdue/Non-Payment. MeloTel may suspend or terminate the Services if You fail to pay Your account that is past due. Where the reason for suspension and/or termination is for reason of failure to pay, prior to suspension or termination, MeloTel will provide You with reasonable advance notice, stating the reason for the proposed suspension or termination and the amount owing (if any). Where MeloTel’s reasonable efforts to notify You of termination for non-payment have failed, MeloTel will deliver such advance notice to the billing address.
14.d. Your Responsibility Upon Termination. You acknowledge and agree that termination or suspension does not remove Your responsibility to pay all fees owed by it to MeloTel up to the date of termination or suspension.
15. MELOTEL EQUIPMENT AND FACILITIES
15.a. MeloTel Equipment. Where required, MeloTel will provide and install the equipment, facilities and products, including cables and documentation, where applicable, (the “Equipment”) required to provide You with Services.
15.b. Title. You agree that the Equipment, including dial numbers and/or IP addresses assigned to You by MeloTel, shall at all times remain the property of MeloTel, and that You have no right, title or interest therein.
15.c. Clear Title. You agree to keep the Equipment free and clear of any levies, liens and encumbrances. Furthermore, You agree to immediately give MeloTel notice of any such levies, liens and encumbrances or any attempt of same against title of the Equipment.
15.d. Equipment Use. You agree not to use the Equipment in an abusive, negligent or illegal manner.
15.e. Non-MeloTel Equipment. Where applicable, You may choose to use equipment not provided by MeloTel, in which case You accept that MeloTel will not provide support for such equipment and does not guarantee performance of equipment and Service.
15.f. Receiving Equipment. You agree that unless You give notice to MeloTel to the contrary within 5 days of receiving the Equipment, the Equipment shall be deemed to have been delivered in good working condition.
15.g. Prohibited Changes. You agree that You will not re-arrange, disconnect, remove, reconfigure or repair any Equipment, including passwords, except by prior written agreement with MeloTel. Terminal equipment provided by You may be connected with MeloTel’s facilities only by prior special written agreement with MeloTel.
15.h. Fees for Prohibited Changes. You agree that if You make unauthorized changes to any Equipment provided to You by MeloTel which results in Service problems or downtime, MeloTel will charge You and You agree to pay $200/hour for any effort involved in the restoration or repair of Service to You.
15.i. Equipment Malfunction. If the Equipment malfunctions during its intended use, MeloTel, at its sole discretion, will maintain and replace the Equipment if necessary. In such an event, You agree that MeloTel’s liability and Your sole remedy is limited to a refund of charges or replacement by MeloTel of such Equipment, provided that You notify MeloTel immediately upon such malfunction.
15.j. Safekeeping of Equipment. You agree and acknowledge that You will be responsible for the safekeeping of Equipment from the moment You receive the Equipment until the Equipment is returned to MeloTel in good physical and functional condition.
15.k. Damaged Equipment. If, while in Your care, the Equipment is damaged, lost, stolen, or if, in MeloTel’s sole discretion, the Equipment is returned in an unusable condition, You agree to pay the replacement value of the Equipment. If, in MeloTel’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 MeloTel.
15.l. Return of Equipment. Upon deactivation or termination of Services, You agree, to return the Equipment to MeloTel in good working condition. You further agree that until You have returned the Equipment to MeloTel, charges for such Equipment will accrue and be payable. If You fail to return the Equipment within the time specified by MeloTel, MeloTel will repossess the Equipment at Your expense, or You agree to pay MeloTel the replacement cost such Equipment.
16. MELOTEL RIGHT TO ENTER PREMISES
16.a. MeloTel’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.
16.b. Entry is not subject to the above in cases of emergency or where entry is pursuant to a court order.
17. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
17.a. MELOTEL, AND ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS PROVIDE THE SERVICES “AS-IS” AND MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH ITS NETWORK OR THE SERVICES, EQUIPMENT OR PRODUCTS AS CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE AND ALL REPRESENTATIONS WARRANTIES, OR CONDITIONS OF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
17.b. THE PARTIES AGREE THAT MELOTEL, AND ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS, SHALL IN NO EVENT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE OR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, REGARDLESS OF THE FORESEEABILITY THEREOF, ARISING OUT OF THE PROVISION OF SERVICES OR IN ANY WAY ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION ARISING OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, DELAY, NEGLIGENCE, STRICT TORT LIABILITY, PATENT OR INTELLECTUAL PROPERTY MATTERS OR ANY OTHER LEGAL OR EQUITABLE THEORY. HOWEVER, IN THE EVENT A COURT OF COMPETENT JURISDICTION FINDS MELOTEL LIABLE, YOUR EXCLUSIVE REMEDY AND MELOTEL’S SOLE LIABILITY, FOR DAMAGES TO YOU FOR ANY CAUSE WHATSOEVER REGARDLESS OF FORM OF ACTION, INCLUDING NEGLIGENCE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE PRICE OF SERVICES AND PRODUCTS PURCHASED BY YOU DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT WHICH CAUSED THE DAMAGES OR INJURY. NO ACTION OR PROCEEDING AGAINST MELOTEL MAY BE COMMENCED MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH CLAIM. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
18. INDEMNIFICATION
18.a. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MELOTEL, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE LEGAL FEES, RESULTING FROM ANY BREACH OF THIS AGREEMENT AND ANY SERVICE AGREEMENT(S) BY YOU. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
19. MELOTEL INITIATED CHANGES IN DIAL NUMBERS, IP ADDRESSES AND SERVICE ARRANGEMENTS
19.a. MeloTel may change such numbers and addresses, provided it has reasonable grounds for doing so and You have been given reasonable advance written notice, stating the reason and anticipated date of change. In cases of emergency, oral notice with subsequent written confirmation is sufficient.
20. LOCAL SERVICES – ADDITIONAL TERMS AND CONDITIONS
20.a. Bundled Services. You acknowledge and agree that MeloTel’s Local Services and Long Distance Services are sold as a bundled package and as such, You agree that if You subscribe for MeloTel’s Local Services, You will not PIC the accompanying local lines to another carrier for long distance service. In the event You subscribe to another carrier for long distance services, You acknowledge that MeloTel, at its sole discretion, will either increase Your Local Services rates, or MeloTel will cancel Your Local Service and You agree You will be responsible to pay cancellation fees as set out in Section 2.c above.
20.b. Your Responsibility. You agree that You are responsible for charges with respect to all calls originating from or accepted from Your telephones. You agree that You are also responsible for all charges incurred through the use of Your telephone cards. You agree that it is Your responsibility to safeguard system access telephone numbers and authorization codes and as such You agree that You are responsible for all charges incurred through Your telephone card use. In the event that Your telephone card is lost, stolen or misplaced, You agree to contact MeloTel immediately to facilitate cancellation of the telephone card.
20.c. Dial ’9′ Access. By signing the Service Agreement(s), You acknowledge that You have been advised that in order to utilize MeloTel’s local or long distance telephone service network, the You may be required to dial ’9′ prior to all local and long distance telephone calls.
20.d. Customer Equipment. You specifically acknowledge and agree that You will be responsible for reprogramming and reconfiguring all security alarms, point of sale credit card terminals, computer modems, telephone and facsimile machine speed-dial functions and any of Your equipment linked to and dependent upon the telephone system. You further acknowledge and agree that You shall be solely responsible for all costs of reprogramming and reconfiguring such equipment and that You shall be solely responsible for any losses incurred due to Your failure to reprogram and reconfigure such equipment.
20.e Charges. Upon receipt by MeloTel of written notification of termination from You, You agree and acknowledge that any and all liability for Local Line Services including but not limited to charges incurred by You for using the Local Line Services, shall apply up to the date that Your Local Line Service is effectively terminated and converted to another local telephone service provider.
20.f Long Distance Telephone Service Charges. You acknowledge that MeloTel does not have the ability to cancel and convert Your long distance services from MeloTel’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 MeloTel’s long distance telephone service network to an alternate long distance service provider. You agree that You are responsible for all long distance charges incurred with MeloTel prior to You effectively converting Your long distance service to an alternate long distance provider.
20.g. Additional / Ancillary Services. Ancillary Services, including but not limited to Service modifications and changes, 911 Access, TTY, Message Manager, Extra Business Listings, Telephone Rental Sets, Circuits, Prestige Numbers, ISDN lines, etc. will result in additional monthly charges from MeloTel.
20.h. PIC. You agree that if You purchase local services from MeloTel, you are required to ensure that any toll traffic and long distance usage id PIC’d to the MeloTel network.
21. DIGITAL SUBSCRIBER LINE SERVICES (“DSL SERVICES”) – ADDITIONAL TERMS AND CONDITIONS
21.a. Service Availability. The DSL Service is only available where MeloTel is able to provide such Service. You acknowledge and agree that MeloTel must conduct a preliminary check to determine if the DSL Service is available in Your geographical area. Due to the technology involved with DSL Service, MeloTel reserves the right to deem DSL Service unavailable to You, including after installation. If such an event occurs, MeloTel will not charge You applicable fees, provided however, that You must return all DSL Service Equipment provided to You by MeloTel in its original good and proper physical and functional condition and within the specified time below.
21.b. Return of DSL Equipment. When You cancel your DSL Services, or if MeloTel has deemed the DSL Service unavailable as mentioned above, You agree to return all DSL Equipment, which includes but is not limited to the DSL modem and router, within thirty (30) days of said cancellation or notice of unavailability. If you fail to return such Equipment within said thirty (30) days, You will be charged and You agree to pay full replacement value of said Equipment.
21.c. Service Billing. Billing for DSL Services will commence within approximately three (3) weeks from the date Your application for Services is accepted by MeloTel.
22. MELOTEL INTELLECTUAL PROPERTY
MeloTel and/or its affiliates and licensed are the exclusive owners of all names, trade-marks, trade names, service marks and any copyright material relating to the Services (“Intellectual Property”). Nothing in this Agreement contemplates or creates permission of use of Intellectual Property for any marketing or advertisement by You or a transfer of license of Intellectual Property from MeloTel to You.
23. NOTICES AND OTHER COMMUNICATIONS
Any notice or other communication required by this Agreement will be in writing and will be provided by personal delivery or by facsimile to MeloTel or You as applicable, at the address or facsimile number as set forth in Your Service Agreement. 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.
24. ASSIGNMENT
You may not assign, resell or transfer the Service Agreement(s) to a third party without the prior written consent of MeloTel. The Service Agreement(s) will endure to the benefit of, and be binding upon, the parties and Your respective heirs, executors, administrators, successors and permitted assignees.
25. NO WAIVER
The terms and provisions of this Agreement may only be waived in writing signed by MeloTel. No failure by MeloTel to insist upon Your performance of any obligation in this Agreement will constitute a waiver of the obligation.
26. SERVICEABILITY
The invalidity illegality or enforceability of any one or more provisions of this Agreement will not impair any other provision in this Agreement.
27. JURISDICTION
This Agreement and the rights and obligations of the parties in this Agreement will be governed in all respects by the laws of the Province of Ontario, Canada.
28. NATIONAL DO NOT CALL COMPLIANCE STATEMENT
As per the C.R.T.C. directives, it is mandatory to scrub data prior to providing any promotional call activity. Keeping in line with the directive, we once again strongly urge you to ensure that your client’s and your own data is scrubbed prior to conducting any activity & no call is sent to those customers registered with National Do Not Call List.
Companies that violate the law will face fines of up to $15,000 per call, though the C.R.T.C. says the maximum fine will be reserved for deliberate and repeat violators.
To avoid any such incidence, you are requested to immediately register with N.D.N.C.L. (https://www.lnnte-dncl.gc.ca). Please make sure you do not use your account for any U.C.C. (Unsolicited Commercial Communication) to avoid suspension and / or fine.
