1. SERVICE DESCRIPTION
Charity Solutions Telecom provides various services to its customers for a fee.
These services include, but are not limited to long distance and
various telecom services. To receive such services a customer account
must be established with Charity Solutions Telecom and any initial or setup fees
must also be paid. Charity Solutions Telecom reserves the right to refuse service
to anyone at any time for any reason.
2. SERVICE USAGE
A. Legal Parameters: This service may be used only for lawful purposes
and the usage of the service in connection with or adjunct to any
matter or thing which violates any foreign, municipal, provincial,
state, county or federal statute or regulation is prohibited. Customer
agrees to indemnify and hold harmless Charity Solutions Telecom from and against
any and all claims, actions, causes of actions, administrative or
government action, losses or damages (including legal fees and
expenses) arising from the usage of any services by the Customer.
B. Unilateral Service Revocation: In the event that Charity Solutions Telecom, at
any time, believes that the service is being used by the Customer in
contravention of the terms and provisions of this contract, Charity Solutions
Tel may, at its sole discretion, immediately discontinue such service
to Customer without liability.
3. NO WARRANTIES
With respect to any all products and/or services provided by Charity Solutions
Tel ("SERVICES"), the customer acknowledges and agrees that Charity Solutions
Tel makes absolutely no warranties whatsoever, express or implied,
including warranty of merchantability or fitness, uptime, and operation
and/or use of and SERVICES for any particular purposes. As a result,
the customer agrees that Charity Solutions Telecom shall not be liable to the
customer for any claims, damages or compensations which may be suffered
by the customer, including, but not limited to, losses or damages of
any and every nature, resulting from the loss of data, changes to data,
inability to access any SERVICES, or inability to transmit or receive
information, caused by, or resulting from, delays, non-deliveries, or
service interruptions whether or not caused by the fault or negligence
of Charity Solutions Telecom. The customer hereby agrees to indemnity and hold
harmless Charity Solutions Telecom from any and all claims of whatever nature
brought by any of its Customers or Customer’s customers against
Charity Solutions Telecom.
4. USE OF INFORMATION
The utilization of any voice transmission or data or information
received by customers from the utilization of the service to be
provided by Charity Solutions Telecom is at the customer's sole and absolute risk.
Charity Solutions Telecom specifically disclaims and denies any responsibility for
the completeness, accuracy or quality of information obtained through
the services provided to the customer.
5. TELEMARKETING
The services of Charity Solutions Telecom can at no time be used for the purposes
of mass or automated telemarketing without prior authorization and only
in special circumstances (eg. charitable events, etc). The services
shall also not be used to harrass, endager, invoke cause or concern, or
extort funds or services, legal or otherwise. Failure to comply will
result in immediate suspension of services and all charges accrued
become due and payable within 24 hours.
6. SERVICE FEES AND INVOICING
Customer shall pay any initial fees set forth by Charity Solutions Telecom prior
to the commencement of service. In addition, the Customer may at the
start of service or at a later date be required to pay a security
deposit for which amount to be determined solely by Charity Solutions Telecom
based on any information it receives or feels appropriatate to make
such determination. In the event that Customer shall fail to pay for
such services or security deposit, then Charity Solutions Telecom shall be
entitled to unilaterally terminate this agreement and discontinue the
service of Customer or the applicable account for which payment has not
been received. The indemnification and limits of liability provisions
of paragraphs 2 and 3 shall survive any such termination. Upon payment
of the charges due hereunder, Charity Solutions Telecom may, at its sole
discretion, re-institute service, at which time all terms and
conditions of this contract shall continue in full force and effect.
Any service disconnection or suspension may require a re-activation
fee, the amount of which is set at the sole discretion of Charity Solutions
Tel.
7. CUSTOMER SUPPORT
Support issues must be initiated through the electronic forms located
in the Technical Support Center available at Charity Solutions Telecom' website or
by voice call to the main number as advertised on the web site
(www.charitysolutions-tel.com) and if not answered then a message must be left
in the appropriate support voice mailbox. Charity Solutions Telecom will make a
diligent effort to resolve issues related to services provided to a
customer, but does not guarantee to provide a solution for every issue
raised. Charity Solutions Telecom' services are provided "as-is" under the
warranty stated in paragraph three (3) of this Agreement.
8. CANCELLATIONS
Any customer who cancels or terminates services shall be responsible
for all charges accrued to that point. Where applicalbe, all one-time
setup fees are non-refundable. Non payment of outstanding amounts may
result in withholding of transfer of services to other providers.
Any cancellation of services must be requested either email to support@
charitysolutions-tel.com or by phone call to the main number as advertised on
the web site (www.charitysolutions-tel.com) and if not answered then a message
must be left in the appropriate support voice mailbox. For any
cancellation request, we require at least 24 hours notice prior to the
actual date of cancellation. Cancellations processed as a result of
violations of these Terms and Conditions or other policy violations in
particular Unsolicited Commercial Email (spam) are subject to clean-up
fees, termination charges or other charges at the sole discretion of
Charity Solutions Telecom. In the case of policy violations, Charity Solutions Telecom
reserves the right to terminate or suspend any accounts or services
without prior notice. Charity Solutions Telecom reserves the sole right to
determine what is and what is not a policy violation.
9. PAYMENTS
New Customers. To set up a new service with Charity Solutions Telecom, customers
may be required to make an initial deposit, along with any applicable
set up fees. New accounts will not be set up until payment has been
received and processed by our Accounting Department. Charity Solutions Telecom
accepts Visa, Mastercard and Paypal as a means of payment by credit
card. Other forms of payment such as purchase orders, wire transfers or
checks may also be accepted at the discretion of Charity Solutions Telecom.
Contract Renewals. Contracts for services provided by Charity Solutions Telecom,
including all voice and data plans, optional services and dedicated
services if under a form of contractual obligation are automatically
renewed at the renewal date unless we have been otherwise notified.
Existing Customers. Customers in good standing may order new services
at any time without an initial payment. Normally we will bill for new
services once they have been setup and are available for use. If
requested, we can adjust the billing periods for new services to match
the billing period of any existing services you may have.
Statements. We provide full statements to our customers. Our statements
customer names, billing periods, amounts charged, amounts paid, useful
descriptions and other important information. Accounts carrying a
balance forward will be issued a statement every thirty days
electronically until full payment is made. Statements issued to
customers paying by credit card will show type of card used to make the
payment. We do not print credit card numbers on our statements.
10. SCOPE OF AUTHORITY
Customer has no authority, apparent or otherwise, to contract for, or
on behalf of Charity Solutions Telecom, or in any other way legally bind Charity
Solutions Tel in any fashion, nor shall Customer be authorized to make any
representations about Charity Solutions Telecom or its services other than to
reiterate to its Customers Charity Solutions Telecom' responsibilities as outlined
in this agreement.
11. CHANGES IN TERMS OF AGREEMENT
Charity Solutions Telecom reserves the right to make changes to the above terms
and conditions of this agreement. The Customer agrees to monitor Charity Solutions
Tel website for notice of changes in this agreement on regular
basis. Changes in monthly service fees shall become effective only at
the end of the customers current billing period for which the customer
has prepaid. Utilization of the service by the Customer and/or its
customers following the effective date of such change shall constitute
acceptance by Customer of such change(s) in terms. Rates for long
distance services are subject to change at any time but will be posted
on the Charity Solutions Telecom website in advance of any change.
12. DISPUTES
Venue: Should any dispute arise under the terms of this contract, the
parties agree that venue for resolution of said dispute shall be North
Vancouver, BC, Canada.
Attorney's Fees and Expenses: Should any legal action be instituted to
enforce the terms and conditions of this agreement, if Charity Solutions Telecom
shall be the prevailing party, Charity Solutions Telecom shall be entitled to
recover reasonable attorney's fees and expenses incurred at both the
trial and appellate levels.
Account Holder Disputes: Charity Solutions Telecom will only accept and process
changes to a Customer Account, including the issue and/or re-issue of
passwords, from the party that originally setup the Customer Account
and can demonstrate to Charity Solutions Telecom’ satisfaction that they are
the rightful Account Holder. Charity Solutions Telecom will not divulge or change
passwords to any account without proof of identification, which is
satisfactory to Charity Solutions Telecom, which may include written authorization
with signature.
In the event of any partnership break-up, divorce or other legal
problems that includes a Customer Account, the Account Holder
understands that Charity Solutions Telecom will remain neutral and may put the
Account on hold until the situation has been resolved by the parties
involved.
Under no circumstances will Charity Solutions Telecom be liable for any losses
incurred by the Account Holder during this time of determination of
ownership, or otherwise. The Account Holder agrees to indemnify and
hold harmless Charity Solutions Telecom from any and all claims arising from such
ownership disputes. The terms of this Section will survive any
termination of this Agreement.
13. ENTIRE AGREEMENT AND SEVERABILITY
This instrument constitutes the entire agreement between Charity Solutions Telecom
and the Customer, and represents the complete and entire understanding
of the parties with respect to the subject matter of this agreement.
This instrument supersedes any other agreement or understanding between
Charity Solutions Telecom and the Customer, whether written, electronic or oral.
In the event that any term or provision of this instrument is held by a
court of competent jurisdiction to be unenforceable, then the remaining
provisions of this instrument and the agreement, which it evidences,
shall remain in full force and effect.
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