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Digital Phone Terms of Service

This Service Agreement sets out specific terms and conditions applicable to Netfox’s residential and business telephone services provided using Voice over Internet Protocol (“VoIP”) service technology (“Phone Services”). This Service Agreement forms part of the Agreement between you and Netfox, which also includes: (1) the Service Terms (inclusive of Policies); (2) any other Service Agreements for other Netfox Services to which you have subscribed; and (3) any other Netfox document describing features, products or services and any other document incorporated by reference.

In the event of an inconsistency between the constituent documents of the Agreement, the inconsistency will be resolved in accordance with the order of preference described in Section 2 of the Service Terms.

Unless otherwise defined herein, all capitalized terms in the Service Agreement have the meaning assigned to those terms in the Service Terms.

  1. What are Phone Services?

    It is a voice communications (i.e., telephone) service provided over an Internet connection. Phone Services are comprised of voice calling functionality and Equipment.

  2. How do I accept this Service Agreement and order Phone Services?

    You acknowledge that you have read, understood and agreed to this Service Agreement by either:

    (a) placing an order for Phone Services by any means including online or over the phone; (b) installing Phone Services or allowing Phone Services to be installed at your premises; or (c) using Phone Services.

    If you do not agree to the Service Terms or this Service Agreement, or any other parts of the Agreement, you may not use Phone Services.

  3. Are there any eligibility requirements to receive Phone Services?

    Yes. Eligibility for Phone Services depends on several factors. You must have an active Internet connection in order to utilize Phone Services. When you apply for Phone Services, Netfox will qualify the address of your premises for service availability.

  4. Where can I find information and pricing for Phone Services?

    The Website provides information and pricing for all Phone Services packages and optional service features.

  5. How do I select a Phone Services package and service features?

    With reference to the service information and pricing on the Website, you select your service package and service features when placing an order for Phone Services with Netfox.

  6. What Equipment is required to use Phone Services?

    Phone Services requires Equipment consisting of a handset device, adapter and other ancillary hardware. You are required to purchase all necessary Equipment. The cost of the Equipment is included in the setup / installation Fee that applies to Phone Services and is indicated on the Website.

    From time to time, firmware and software updates may be automatically downloaded to, and installed on, the Equipment. These firmware and software updates are necessary for the continued and reliable delivery of Phone Services and service features. By subscribing to Phone Services, you consent to the download and installation of such updates. If you do not agree to the downloading and installation of these software updates, your only remedy is to cancel Phone Services.

  7. What is the process for installation of Phone Services?

    We will ship you Equipment. You are responsible for connecting an Ethernet cable to the adapter and connecting the Equipment to a power outlet.

    If you require any assistance with the installation of Equipment, do not hesitate to contact us at the coordinates listed in Section 48.

  8. How do I return Equipment to Netfox if my Services are cancelled?

    When your Services are cancelled, you must return all Equipment that you have not purchased to Netfox pursuant to Section 19 of the Service Terms within thirty (30) days of the date of service cancellation. We will provide you with a prepaid shipping label for the return of the Equipment.

    If Netfox does not receive your returned Equipment within thirty (30) days of the date of cancellation, you will be charged an Equipment replacement fee that is equal to up to the full replacement price of the Equipment minus depreciation, as determined by Netfox.

  9. What Term applies to Phone Services?

    Phone Services are provided on a month-to-month Term.

  10. Can Netfox make changes to Phone Services?

    Yes. Netfox may at any time make changes to Phone Services, including pricing changes, by following the procedure set out in Section 5 of the Service Terms.

  11. Can I make changes to Phone Services?

    Yes. For month-to-month arrangements, you may make changes at any time by contacting Netfox at the coordinates listed in Section 48 of the Service Terms. Changes may result in new or pro- rated (for the monthly billing cycle during which the change occurs) monthly Fees or one-time- fees for Phone Services.

  12. Will 9-1-1 service always be available over Phone Services?

No. There are some important differences and limitations in how 9-1-1 calling using Phone Services works, given that is provided over VoIP technology, when compared to basic and E9-1- 1 services that are provided over traditional landline telephone service. These differences and other important information about 9-1-1 calling over Phone Services is set out under Section 31 of the Service Terms. Please review Section 31 and Section 32 (with respect to limitations of liability that apply to Phone Services 9-1-1 services) of the Service Terms carefully before activating, installing or using Phone Services.

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