Customer Agreement

All services are prepaid with the exception of pay per use long distance and toll free and are charged immediately, identified as “Netfox Communications” on the Credit Card and Bank statements.

For all new registrations, the first month’s charge and/or activation fees are non-refundable. A refund will only be given to accounts that cannot receive service. Delays in activation due to improper information provided by you the customer, home wiring, central office or telephone line problems, or anything of the like do NOT qualify as non-serviceable events.  Netfox must be allotted the opportunity to complete its troubleshoot before a refund/credit will be issued.

Netfox or any of its agents or third party providers are only responsible to bring/provide service to the locations demarcation point.  Under no circumstance or condition are any of the above responsible for any inside wiring, internal repairs or equipment.

Netfox or any of its agents or third party providers cannot be held accountable or responsible under any circumstance or condition for any cancellation fees or costs incurred by you from you previous service providers.

A $5 dollar or 2% charge, whichever is greater, will be applied against delinquent accounts. Please ensure that the email provided is valid and regularly checked, as all notifications will be sent via email.

LIMITATION OF LIABILITY: The services, equipment and software are provided 'as is' and 'as available' without warranties or conditions of any kind. Without limitation, Netfox does not warrant the performance, availability, uninterrupted use of the phone or internet, your connection to the phone or internet, equpiment, the services, or any sofware provided by Netfox or its licensors. NETFOX'S MAXIMUM LIABILITY FOR NON-PERFORMANCE OF SERVICES WILL BE NO MORE THAN ONE MONTHS COST OF SUCH SERVICES.

Prices are subject to change at any time without notice.

High Speed DSL

A $25.00 administration fee will be charged for account changes within the first month of service which include but are not restricted to, a change of phone provider or phone number, moving, etc.

A $25.00 servicing fee may apply to customers using our Dry Loop DSL service if additional work is required at your location. 

Under no circumstance or condition is Netfox or any of its agents or third party providers responsible to disconnect/cancel your current provider during your transition to Netfox.

Long Distance

You agree to be responsible for paying Us for all long distance calls made from the phone numbers that You subscribed to with Us, whether or not You authorized the calls.

Billing is calculated by adding the total number of used long distance minutes and multiplying by your contracted rate.  Calls are billed for a minimum of 30 seconds, and 6 second increments thereafter.  Unused plan minutes do not carry forward.

We may cancel or temporarily block long distance services without prior notice and without incurring liability if we believe such action is necessary to protect against fraud or abuse of services.

"Unlimited Residential Long Distance Package" - For the purposes of this agreement, our Unlimited Residential Long Distance Packages are designed for the sole use of residential customers for personal use only.  Use of this Pricing Plan for the purposes of carrying on business and earning revenue is a violation of the Terms of this agreement.  If individual long distance usage exceeds 1500 minutes per month on a regular basis, or we suspect that the account is being used for business purposes, we reserve the right, at our sole discretion, to either (a) terminate your service without notice, or (b) increase the monthly fee for your unlimited plan, (c) change your Pricing Plan to a per minute plan, or (d) change your Pricing Plan to a Business Unlimited Plan.

"Unlimited Business Long Distance Package" - For the purposes of this agreement, our Unlimited Business Long Distance Packages are designed for the sole use of business customers for voice traffic only.  You may NOT use this service for the purposes of (i) connecting to a network via phone line that requires long distance charges, (ii) connect to a dial up internet account requiring a long distance number, and (iii) inbound or outbound call centres.  Use of this service to connect to a network or internet service that requires long distance charges is a violation of this agreement.  If long distance usage exceeds 2500 minutes per month per line on a regular basis, we reserve the right, at our sole discretion, to either (a) terminate your service without notice, or (b) increase the monthly fee for your unlimited plan, or (c) change your Pricing Plan to a per minute plan.

Toll Free Services

You agree to be responsible for paying Us for all incoming calls made to your designated toll free number that You subscribed to with Us, whether or not you authorized the calls.  This includes any ‘wrong number’ calls.

Billing is calculated by adding the total number of used toll free minutes and multiplying by your contracted rate.  Calls are billed for a minimum of 30 seconds, and 6 second increments thereafter.  Unused plan minutes do not carry forward.

Netfox FaxCentral Services

Customers using this service agree to all conditions herein as well as these separate Terms of Use.

Prices are subject to change at any time without notice.

You understand and acknowledge that all Netfox services are prepaid with the exception of our Long Distance Per Minute plans which are post paid; therefore you may incur charges for calls made prior to your cancellation.

CUSTOMER AGREEMENT
This Agreement is between NETFOX COMMUNICATIONS("NETFOX") and you ("you" or "Customer"), as an authorized user of NETFOX FAXCENTRAL, and governs the terms and conditions of your use of NETFOX FAXCENTRAL services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by NETFOX (collectively, the "Agreement"), constitutes the entire agreement between NETFOX FAXCENTRAL and you regarding NETFOX Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, "NETFOX FAXCENTRAL" or "Services" are defined as any and all services provided by NETFOX COMMUNICATIONS to you either now or in the future. By using NETFOX FAXCENTRAL, you confirm your acceptance of, and agree to be bound by, this Agreement.
DEFINITIONS AND INTERPRETATION

1. In this Contract the terms "NETFOX FAXCENTRAL", “NETFOX”, "we", "our", and "us" refer to NETFOX COMMUNICATIONS, and "you" and "your" to refer to the person or company that is identified on the application form of our website as our customer.
2. "NETFOX FAXCENTRAL Number" means the fax number which we allocate to you in connection with the Service.
3. "Service" means NETFOX FAXCENTRAL offers Services described on its website http://www.netfox.ca/business/internet-fax.php. Individually, the Services are but is not limited to:

(i)  a personal local or toll-free telephone number or a pooled fax number, "NETFOX FAXCENTRAL Numbers") that provides for the delivery of faxes to electronic mail ("email"); and
(ii) outbound faxing from email or from the NETFOX website.

4. Headings used in this Contract are for ease of use only and do not form part of this Contract.

CUSTOMER RESPONSIBILITIES

5. You warrant that you have provided true, current, accurate and complete customer information as required in the application form, and you agree to notify us of any changes to this information as required to keep it current, complete and accurate.
6. You agree to pay for the Service at the rate agreed to in this Contract, or as amended and notified to you from time to time. The rate specified on our website is exclusive of any other applicable taxes, duties and tariffs.
7. All charges will be paid by way of automatic payment.
8. You agree that you are liable for all costs relating to the collection of any overdue account, together with penalty interest of 2% per month compounding. We reserve the right to terminate the Service without warning for unpaid accounts.
9. Any payment disputes must be notified in writing within seven (7) days of invoice date.
10. You agree not to use the Service for any illegal or unlawful act. You are fully responsible for the contents of your transmissions through the Services. NETFOX FAXCENTRAL simply acts as a passive conduit for you to send and receive information of your own choosing. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
11. You are responsible for obtaining, installing and maintaining all hardware, software, and communications services necessary to receive internet email and to deliver the Service to the person or persons who you intend to receive it. We accept no responsibility for you being unable to receive or correctly deliver the Service due to any incompatibility, fault or incorrect configuration of your hardware, software or communication services.
12. The transmission of unsolicited fax advertisements is illegal under the Federal Telephone Consumer Protection Act of 1991 (http://www.netfox.ca/tcpa-1991.pdf and a number of similar state laws. Distribution of unsolicited fax advertisements through the Services is prohibited. NETFOX understands that receipt of such faxes can impair your use of our Services. Accordingly, NETFOX intends to use legally available means to prevent distribution and receipt of unsolicited fax advertisements to or by our Customers. At NETFOX’s option and without further notice, NETFOX may use technologies and procedures, such as filters, that may terminate such unsolicited fax advertisements without delivering them.  If you believe that you are in receipt of an unsolicited fax advertisement, we ask that you take the following two steps:

(i)     If the fax contains a telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional junk faxes, please do so; and
(ii)    Please file a complaint with NETFOX FAXCENTRAL by inserting the required information into an email, attach the offending fax and send to support@netfox.ca .

13. Your right to use the Services is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the Services.

OWNERSHIP

14. You agree that you are not the owner of any NETFOX FAXCENTRAL Number. Generally, the phone network carrier reserves ownership of numbers. We reserve the right to alter or reassign any NETFOX FAXCENTRAL Number if the owner of the number requires this. We will give you notice of this as soon as we become aware of the likelihood of such a change. On termination of the Service we may allocate any NETFOX FAXCENTRAL Numbers to another customer without reference to you.
15. All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the NETFOX FAXCENTRAL Service are wholly owned by NETFOX COMMUNICATIONS and/or its licensors and service providers except where expressly stated otherwise.

TERMINATION & SUSPENSION

16. Either you or NETFOX may terminate your NETFOX FAXCENTRAL account at any time, with or without cause, upon notice. Any such notice by you to NETFOX must be in accordance with NETFOX'S verification procedures, as such procedures may be established and changed by NETFOX from time to time in its sole discretion, and which may include the requirement that you contact NETFOX by phone to confirm that any such notice was in fact sent by you.
17. If you breach any of the terms of this Contract, including as amended, we may terminate the Service without notice.
18. We may suspend or disconnect you from the Service if a carrier suspends or interrupts its service to us and that suspension or interruption affects our ability to provide the Service to you.
19. We may also suspend or restrict our Service in an emergency or whenever we, another carrier, or any other appropriate person considers that step necessary or reasonable to protect persons, systems or other property.
20. If you are suspended or disconnected from our Service for failing to meet any of your responsibilities under this Contract you may have to pay a reconnection fee before you can use the Service again

REFUND POLICY

21. Refunds will be processed for any account upon cancellation. Any refund will be calculated based on the date of your cancellation less any usage charges that may be due at time of cancellation. All refunds will be processed on the 1st of the month following your cancellation date.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

22. Your use of NETFOX FAXCENTRAL and its services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files or other material obtained either directly or indirectly from NETFOX. You agree that neither NETFOX nor any of its licensors or service providers will be liable for damages (including consequential or special damages) arising out of your use of or inability to use NETFOX FAXCENTRAL or any other NETFOX services, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if NETFOX or any such licensor or service provider has been advised of the possibility of damages. The entire liability of NETFOX and its licensors and service providers and your exclusive remedy with respect to the use of NETFOX FAXCENTRAL and any other NETFOX services or any breach of this agreement are limited to the amount actually paid by you for access to and use of the services. You hereby release NETFOX COMMUNICATIONS and each of its licensors and service providers from any and all obligations, liabilities and claims in excess of this limitation.
23. Neither NETFOX nor any of its licensors or service providers shall be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties outside of NETFOX's or any such licensor's or service provider's control which could lead to the interruption of data delivery service to the customer's email address, pager, telephone or any other receiving devices or third-party data storage and/or delivery services.

NOTICES

24. Notices given by NETFOX to you will be given by email or by a general posting on the NETFOX Website, by fax or by conventional mail. Notices given by you to NETFOX must be given by email, fax or by conventional mail (subject, however, to NETFOX's verification procedures, as may be established by NETFOX from time to time in its sole discretion, and which may include the requirement that you contact NETFOX by phone so as to confirm that any such notice was in fact sent by you). Notices to NETFOX by conventional mail must be sent to NETFOX COMMUNICATIONS, 7241 Connell Road  Spencerville, ON  K0E 1X0.  

GENERAL TERMS

25. The laws of the state of Ontario, Canada, govern this agreement and your use of NETFOX's services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. NETFOX's failure to act with respect to a breach by you or others does not waive NETFOX's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. NETFOX shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond NETFOX's reasonable control. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors, although such technology may not be effective with regard to receipt of email messages as provided as part of the Services.

Customer Obligations

1. The Customer shall:
   • for any Customer or third party provided equipment or software, arrange for the supply, installation and maintenance of such equipment, if applicable, and ensure that such equipment or software is installed and maintained according to the manufacturer's specifications and the customer's specifications, if any;
   • understand that service is available where technology permits. Rates do not include installation by a technician and costs to correct internal wiring problems at customers' premises.
   • ensure at all times that the Netfox Communications Provided Equipment and Customer or third party provided equipment is stored in a manner and in an environment which conform to the relevant equipment manufacturer's specifications;
   • be responsible for the loss of and risk or damage to the Netfox Communications Provided Equipment except where caused by the negligence or willful misconduct of Netfox Communications;
   • provide all necessary infrastructure, including without limitation, power outlets, grounding and anti static environments required for the safe and efficient operation and maintenance of the Netfox Communications Provided Equipment and the Customer or third party provided equipment in accordance with Canadian Standards Association or other specifications or regulations as applicable; and
   • permit Netfox Communications or its Third Party Providers prompt and safe access to its premises for the purpose of performing its obligations under the service(s) provided or disconnecting and removing the Netfox Communications Provided Equipment.
2. The Customer, its agents, employees or representatives shall not commit any act or cause or permit any act to be committed or provide any services which will conflict with or affect in any way the provision of the Services by Netfox Communications.
3. The Customer agrees not to tamper with, alter or otherwise rearrange the Services nor shall it permit or assist others to abuse or fraudulently use the Services including but not limited to using the Services (i) in any manner which interferes unreasonably with the Services or Netfox's network, or access thereto by other persons; or (ii) for any purpose or in any manner directly or indirectly in violation of applicable laws or in violation of any third party rights.
4. The Customer shall solely be responsible for use of the Services by any of its employees, officers, directors, agents as well as its end users and agrees to take all necessary measures to ensure that such persons use the Services in accordance with these terms and conditions. The Customer agrees to comply with (i) the Internet Use Policy set forth herein, which policy may be amended by Netfox Communications from time to time; to the extent the Customer is receiving an Internet based service, and (ii) any third party software license terms and conditions in respect of software used by the Customer in connection with the use of the Services.
5. The Customer shall be solely responsible for obtaining necessary licenses and/or authorizations for all software and equipment, which are not provided by Netfox Communications. Netfox Communications shall not be responsible if any changes in the Services cause equipment, hardware or software not provided by Netfox Communications to become obsolete, require modification or attention, or otherwise affect performance of same. Netfox Communications shall provide the Customer with one (1) month’s notice of such changes.
6. Netfox Communications reserves the right to take all actions, including immediate suspension of the Services, which it considers necessary to assure compliance with the Customer Obligations. The Customer will be responsible for all additional costs, liabilities and expenses incurred by Netfox Communications resulting directly from a breach by Customer of this Section.

Warranty

1. Customer acknowledges that Netfox Communications does not warrant uninterrupted or error free Services or the content, availability, accuracy or any other aspect of any information including, without limitation, all data, files and all other information or content in any form or of any type, accessible or made available to or by Customer or its end users through the use of the Services. Netfox Communications shall be permitted from time to time to interrupt the Services in order to provide maintenance to the Services, as more specifically set out in the Schedules.
2. The warranties provided in this Agreement are in lieu of all other warranties and conditions. The Customer hereby waives all other warranties and conditions, express, implied or statutory, including any warranty of merchantability, fitness of a particular purpose, or availability or reliability of the Services.

Remedies

1. SUBJECT TO SECTION 4, NETFOX'S AND THE THIRD PARTY PROVIDERS' TOTAL CUMULATIVE LIABILITY, IF ANY, TO THE CUSTOMER FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROVISION OF THE SERVICES WILL IN NO EVENT EXCEED THE TOTAL AGGREGATE MONTHLY CHARGES (NET OF ALL DISCOUNTS AND CREDITS) PAID BY THE CUSTOMER DURING THE PERIOD SUCH DAMAGES WERE INCURRED, SUCH PERIOD NOT TO EXCEED THREE (3) MONTHS, FOR THE SPECIFIC SERVICES THAT ALLEGEDLY GIVE RISE TO THE DAMAGES.
2. CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES AGAINST NETFOX COMMUNICATIONS IN RESPECT OF THE SERVICES AND THIS AGREEMENT SHALL BE AS STATED IN THIS AGREEMENT.

Termination

1. Either Party may, at its option, terminate this Agreement effective 5 days after notice or prior opportunity to cure the default if the other party makes or is deemed to have made a general assignment for the benefit of creditors under the Bankruptcy and Insolvency Act (the “Act”), or if a petition is filed against it under the Act (and is not removed within thirty (30) days after the filing thereof), or if it shall be declared or adjudicated bankrupt, or if an application is made in respect of it under the Companies’ Creditors Arrangement Act, or if a liquidator, trustee in bankruptcy, custodian, receiver, receiver and manager, moderator, or any other officer with similar powers shall be appointed of or for it (and is not removed within thirty (30) days, if such appointment was not voluntary), or if it shall commit any act of bankruptcy or institute proceedings to be adjudged bankrupt or insolvent or consents to the institution of such appointment or proceedings, or if it admits in writing an inability to pay debts generally as they become due or becomes an “insolvent person” as that term is defined in the Act.
2. Netfox may terminate this Agreement in the event that the Customer is in breach of any material term of this Agreement (other than a failure to pay an amount when due) and shall fail to remedy such breach within two (2) days after receiving written (by email, mail or fax) notice thereof from the Netfox. Notwithstanding the foregoing, if the breach is not capable of being remedied within such two (2) day period, the period in which the breach may be remedied shall be extended for an additional period of three (3) days, provided that the Customer has used and continues to use all reasonable commercial/personal efforts to cure the breach in a timely manner.
3. Netfox may terminate this Agreement in the event the Customer fails to pay any amount payable hereunder when due and fails to remedy such breach within two (2) days after receiving written (by email, mail or fax) notice thereof from Netfox.
4. Customer may terminate this Agreement in the event Netfox fails to provide the service requested hereunder when due and fails to remedy such breach within five (5) days after receiving written (by email, mail or fax) notice thereof from Customer. The sole remedy for such breach is the value of up to one (1) months service, unless mutually agreed by both parties.
5. For the purposes of this Agreement, in the event that Customer does not perform its respective obligations, responsibilities or provide the deliverables agreed to in this agreement, and such breach is not cured within the two (2) day period referred to in section 4(b) above, Netfox may, at its option, immediately terminate this Agreement and all fees under this Agreement, shall be immediately due and payable to Netfox.
   
   **** CUSTOMER MUST PROVIDE NETFOX A NOTICE OF CANCELLATION 5 DAYS AHEAD OF THE MONTHLY RENEWAL DATE. IF A CONFIRMATION NOTICE HAS NOT BEEN RECEIVED BY CUSTOMER FROM NETFOX FOR THE CANCELLATION, IT WILL BE ASSUMED THE CANCELLATION HAS NOT BEEN RECEIVED. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO ENSURE CANCELLATION HAS BEEN RECEIVED. A CANCELLATION NUMBER WILL BE PROVIDED ON RECEIPT OF CANCELLATION FROM NETFOX****

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL NETFOX COMMUNICATIONS OR THE THIRD PARTY PROVIDERS BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXPENSES, COSTS, LIABILITY, LOSS, OR DAMAGE WHATSOEVER, INCLUDING, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF USE OF ANY INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF NETFOX COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CUSTOMER AGREES, ACKNOWLEDGES AND CONFIRMS THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION ARE FAIR AND REASONABLE IN THE COMMERCIAL CIRCUMSTANCES OF THIS AGREEMENT AND THAT NETFOX COMMUNICATIONS WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR CUSTOMER'S AGREEMENT TO LIMIT NETFOX'S AND ITS THIRD PARTY PROVIDERS' LIABILITY IN THE MANNER, AND TO THE EXTENT, PROVIDED FOR HEREIN.

1. NETFOX COMMUNICATIONS AND THE THIRD PARTY PROVIDERS ASSUME NO LIABILITY ARISING FROM (i) THE USE OF THE SERVICES FURNISHED BY NETFOX COMMUNICATIONS IN COMBINATION WITH SERVICES, PRODUCTS OR EQUIPMENT PROVIDED BY CUSTOMER OR ANY THIRD PARTIES AND (ii) THE FAILURE BY THE CUSTOMER TO PERFORM ITS OBLIGATIONS.
2. SECTIONS 3 AND 4 OF THIS AGREEMENT SHALL APPLY EVEN IN THE EVENT OF A BREACH OF CONDITION, A BREACH OF AN ESSENTIAL OR FUNDAMENTAL TERM, OR A FUNDAMENTAL BREACH OF THIS AGREEMENT.