Terms of Service
This is an agreement ("Agreement") between Axsit Corporation ("we", "us" or "Axsit") and you, an end user ("you" or "user") of Axsit's Internet Phone Service (the "Service") as described herein. By establishing, activating, using, or paying for the Service, you acknowledge that you have read and understood these terms, you agree to the terms and conditions in this Agreement, and you represent that you are of legal age to enter into this Agreement and become bound by its terms, including those pertinent to 911 Emergency Dialling, and to the prices, charges, and conditions provided to you in association with your enrolment, including marketing materials and the Axsit website, which are incorporated herein by reference. This Agreement governs the Service and any Equipments - such as a VoIP phone, analog telephone adapter, multimedia terminal adapter, or computer operating software enabling the Service (each alone or all collectively known as "Equipment") - website, or software used in conjunction with the Service. If you have purchased Equipment from an authorized Axsit retail dealer, you are considered a "Retail Customer" and are governed by certain Retail Customer terms and conditions contained below.
1. 911 EMERGENCY DIALING
Please read this information regarding 911 very carefully. By activating and paying for the service, you acknowledge and agree to the limitations of Axsit 911 emergency dialing service, and understand the distinctions between traditional 911 or E911 calls. You agree to notify any user who may place calls using your service, including any household residents or guests who may be present in your household, of the limitations of Axsit 911 emergency dialling.
Please be aware that even in those areas in which Axsit offers 911 service, Axsit can not and does not guarantee that the service will operate as intended. The only way to know with absolute certainty that you have functioning 911 service is to test the system; Axsit is not authorized to make test calls to the 911 system and can not authorize you to do so. You may wish to call the non-emergency number of your local police or fire department to find out if they are able to help you obtain such permission.
Axsit recommends that you maintain an alternative means of accessing emergency services in the event of a service disruption for any reason.
1.1 Registration of Physical Location Required: You must provide the address which will be associated with the service during the registration process. Failure to provide the correct and proper service address may result in misdirecting 911 calls to the incorrect PSPA or emergency operator. You must change your address if you move to a new location. 911 Emergency dialling will be enabled to the client's account after E911 has been activated.
1.2 Confirmation of Activation: Activation of 911 will be updated the same day that customers enable 911 in his/her account. Change of address will take 24 hours to be updated.
1.3 Service Limitations:
1.3.1 Power Failure or Power Interruption: 911 Dialling does not function in the event of a power failure. If there is an interruption in the power supply, the Service, including 911 Dialling, will not function until power is restored. Following a power failure or power interruption, customers may need to reset or reconfigure the Equipment prior to utilizing the Service, including 911 Dialling.
1.3.2 Suspension or Disconnection of Broadband Service or ISP Service: In case of Internet disconnection or suspension, 911 dialling will not work.
1.3.3 Account Suspension or Disconnection: In case of suspension or disconnection of Axsit services, Clients can not dial 911.
1.3.4 Activation or Changes of Number: 911 Dialling does not function if you change your phone number, unless and until you successfully register your location. Customers must select a Household (primary) Number that is associated with your Service Address otherwise 911 service will not be available. Calls to 911 service route to the appropriate emergency administrator based on the telephone number you have chosen and the geographic location that you have provided to Axsit. 911 must be available in your area for Axsit to offer you service.
1.4 Limitations of liability
AXSIT CORPORATION’s terms of service limit and disclaim liability related to VoIP 9-1-1 service, so please read these carefully.
AXSIT CORPORATION will not be liable for any damages arising out of or relating to interruptions or errors in routing or completing any 9-1-1 or other emergency response calls or any other calls or transmissions. We do not have any control over whether, or the manner in which, calls using our 9-1-1 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 9-1-1 calls to local emergency response centers and to a national emergency calling center. 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 AXSIT CORPORATION 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 9-1-1 Dialing service. You shall defend, indemnify, and hold harmless AXSIT CORPORATION, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection to 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 9-1-1 Dialing, incorrectly routed 9-1-1 Dialing calls, and/or the inability of any user of the Service to be able to use 9-1-1 Dialing or access emergency service personnel. In the event AXSIT CORPORATION is found liable by a court of competent jurisdiction, liability will not exceed an amount equal to the price of Services purchased by You during the month preceding the event in question.
2. SERVICE REQUIREMENTS
The Service requires Equipment obtained through Axsit or a third party SIP-enabled device with which you can place and receive calls using your high-speed Internet connection. Axsit does not provide or support your high-speed Internet connection, which you need to supply at your own expense. We recommend that your high-speed connection have a capacity of at least 120 Kbps upstream and downstream. Since the Service depends on your high-speed connection, the correct configuration of the Equipment, and an adequate power supply, Axsit does not guarantee continuous availability. You acknowledge and understand that the Service will not function in the absence of electrical power or if there is an interruption of your high-speed Internet connection. A power failure may require you to reset or reconfigure your Equipment or other equipment in order to restore the Service.
3. PLANS AND SERVICE CONDITIONS
3.1.1 Monthly Recurring Services: The Services that are offered on a month-to month basis, beginning on the date Axsit Service is activated, and automatically renews on a monthly basis unless you contact Axsit customer service by phone or by e-mail with a non-renewal notice with at least 10 days before the end of the monthly term in which the notice is given. You will be responsible for the next full month's charges in the event that you don't provide the required ten days notice of disconnection prior to the expiration of the current term.
3.1.2 Annual Services: The services that are offered on a yearly basis will be charged one time for 12 months. In case of cancellation, Axsit will charge each used month at the regular monthly rate of $17.95. Axsit will refund the remaining balance minus long distance fees and shipping fees; the total amount to pay will be refunded to the credit card that is in Axsit's records.
3.1.3 Axsit Incoming Plan: This plan has Monthly Recurring Charges. This plan does NOT include outbound calling. This plan includes a primary Phone Number from the USA or Canada. If you want to add a Virtual Number, Fax Line, an International Virtual number, or a Toll Free Number, extra charges do apply; visit our website for further information on pricing. You have the option to bring your own device in order to use our service; however some of our features may not work. Customers have the option to deposit on an ATA on this plan. You agree that Axsit Residential Service Plans are not to be used in conjunction with regular, consistent activity which could be considered commercial. You agree that all usage is subject to audit and review by Axsit. A single account should not be used for purposes inconsistent with regular residential usage patterns as defined by Axsit. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Equipment is, or at any time was, inconsistent with normal residential usage patterns. Please note that E-911 dialling service is not available for this plan.
3.1.4 Unlimited Residential Plan: This plan has Monthly Recurring Charges; for calling to any International destination Axsit automatically charges the customer's credit card on file as soon as the outstanding balance reaches $10. This plan includes unlimited calls in the USA (excluding Alaska and Hawaii) and Canada (excluding Yukon, Northwest Territories, and Nunavut) and a primary Phone Number from the USA or Canada. If you want to add a Virtual Number, Fax Line, an International Virtual number, or a Toll Free Number, extra charges do apply; visit our website for further information on pricing. You have the option to bring your own device in order to use our service; however some of our features may not work. Customers have the option to deposit on an ATA on this plan. You agree that Axsit Residential Service Plans are not to be used in conjunction with regular, consistent activity which could be considered commercial. You agree that all usage is subject to audit and review by Axsit. A single account should not be used for purposes inconsistent with regular residential usage patterns as defined by Axsit. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Equipment is, or at any time was, inconsistent with normal residential usage patterns.
3.1.5 Fair Usage Policy: We reserve the right to immediately disconnect, modify or suspend your Service and offer you an alternative calling plan if we determine, in our sole and absolute discretion, that your use of the Service, or the ATA is, or at any time was, inconsistent with normal residential usage patterns or you exceed the fair usage limits set out below. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service, or the ATA was inconsistent with normal residential use (as described more fully in our Terms of Service) or the fair usage limits set out below.
Terms used in this Fair Usage Policy have the same meanings ascribed to them in our Terms of Service.
3.1.6 Fair Usage Limits: Calls included in Axsit's unlimited calling plans have a maximum call duration of four (4) hours per call, after which time the call will be disconnected.
Axsit unlimited calling plans are subject at all times to a limit of 5000 minutes in aggregate during each monthly billing cycle for outgoing calls. This includes local and long distance calls anywhere in Canada and the US. Calls to international countries specified in your Axsit unlimited calling plan are also subject to the 5000 minute limitation. Axsit to Axsit calls are excluded from this policy.
3.1.7 Local Number Portability: If you transfer an existing phone number to Axsit which is currently subscribed to another provider other than Axsit, the following terms and conditions apply:
(1) You must sign up for an Axsit Account.
(2) You agree to fill out specific forms to authorize Axsit to initiate the porting process. This form has to be emailed or faxed back to the contact information provided on the form. Make sure that you have signed the form before sending it back to Axsit, otherwise your request will not be processed.
(3) You hereby authorize Axsit to notify your local telephone company of your decision to switch your local services to Axsit and to transfer your telephone number, and represent that you are authorized to take this action;
(4) Do not cancel your current service as this may cause your phone number not to be ported.
(5) Axsit will send confirmation that the number has been successfully transfered. You acknowledge and agree that you must successfully install and activate your Equipment prior to the date that the number switch becomes effective; and
(6) Axsit has the right to refuse to port a number if, in its sole discretion, it does not have the infrastructure to support the number. You remain solely responsible for any charges you incur with the telephone company from which the number is being transferred during the period of the transfer, regardless of delays in completing the transfer caused by any reason by any party.
There is a one-time fee to port your Local Number to Axsit of $25.
Porting a Local Number could take 1-2 weeks, from the moment that Axsit submits the request to the current provider.
3.1.8 Calling Limitation: Axsit does not support certain call types offered by traditional phone services, including, but not limited to, 0+ calling (including without limitation collect or third party billing), 900 and 976 calls, and 10-10 "dial-around" calls. The Service may not support 311, 511, and/or other x11 services (other than 911 and 611) in some or all Service areas.
3.1.9 Resale and Transfer: You are expressly prohibited from reselling or transferring the Service, Equipment, and/or software to any other person for any purpose, without express written permission from Axsit in advance.
3.1.10 Network Integrity and Security: You are expressly prohibited from any use of the Service or any other action that, in Axsit's sole discretion, is deemed to present a risk to the network integrity or security of Axsit or its vendors, whether directly or indirectly. Axsit, in its sole discretion, may terminate your Service without advance notice if it determines your actions could cause a network disruption or security breach.
3.1.11 International Calls: All long distance charges for calls originating from the customer's account are the sole responsibility of the customer. It is the customer's responsibility to secure any equipment and/or network which is used to connect with Axsit services. Axsit will not be liable for any misuse of service originating from the customer's account.
3.1.12 International Usage: We are a global Voice Over IP provider. Use of the Service is expressly prohibited wherever its use violates local laws, and you are personally liable for any such violations. Axsit reserves the right to terminate your Service immediately and without notice if it determines that you are using the Service in violation of applicable local laws.
3.1.13 Unlawful and Prohibited Use: You agree to use the Service only for lawful purposes. You are expressly prohibited from using the Service to transmit or receive any communication or material of any kind when in Axsit's sole judgment the transmission, receipt, or possession of such communication or material would constitute, or encourage conduct that would constitute, a criminal offence, give rise to a civil liability, or otherwise violate any applicable laws. You are expressly prohibited from using the Service or Equipment for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide the Service to you or other customers or avoids your obligation to pay for communications services. Axsit, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions, or if you act in a manner that is threatening, obscene, harassing, or abusive to Axsit personnel. You are liable for any and all use of the Service by any person using the Service provided to you and agree to indemnify and hold harmless Axsit against any and all liability for any such use. If Axsit, in its sole discretion, believes that you have violated the aforementioned restrictions, Axsit may forward personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
3.1.14 Tampering: You agree not to change the electronic serial number or the equipment identifier, if any, of the Equipment, or to perform a factory reset of the Equipment, without express written permission from Axsit in each instance which Axsit, in its sole discretion, may deny. You agree not to disrupt the Service or make any use of the Service that is inconsistent with its intended purpose or to attempt to do so. Axsit, in its sole discretion, may terminate your Service without advance notice should you tamper with the Equipment.
3.1.15 Theft of Service: You agree to notify Axsit immediately if the Equipment is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. You must provide a detailed description of the circumstances of the theft or stolen or fraudulent use of the Service and supply any additional documentation reasonably requested by Axsit. Failure to do so in a timely manner may result in the termination of your Service and additional charges.
3.1.16 Audit and Law Enforcement: Axsit reserves the right to audit your use of the Service to enforce the provisions of this Agreement. Axsit reserves the right to track and monitor your Service and usage. You acknowledge and agree that this Agreement is sufficient notice to you of such monitoring to the extent any notice is required under applicable federal or state or international law.
4. CHARGES AND PAYMENTS
4.1 Billing: You must provide a valid credit card in order to get access to our products and services. You authorize Axsit to charge monthly recurring charges to your credit card in the amounts that you agreed for your service plan. Your right to use the Service is subject to any limits established by your credit card issuer. Your charges and credits issued will appear on an online billing statement that you may access from your my.axsit.ca account. You give Axsit permission to obtain authorization for use of your credit card. If your billing address changes and your credit card is about to expire, is replaced or cancelled, you must advise Axsit immediately. This authorization remains valid until 30 days after Axsit receives your notice to terminate your services. You Authorize Axsit for any one-time fee transaction to keep records of your information for further purchases of service plans, Add-Ons, and hardware. You may access your my.axsit.ca account in order to purchase any services or Add-Ons. All charges will be billed according to the rates found on the Axsit website.
4.2 Monthly Service Fee: This is the basic charge associated with your service. This fee includes the calling charges defined by your plan; the features associated with your plan and basic account services.
4.3 International Usage Charges: All long distances charges will be billed to the credit card on file as soon as your outstanding balance reaches $10.
4.4 Add-Ons: Axsit charges additional fees for enhanced features and services such as Virtual Phone Numbers, Toll free Numbers, or Fax line and other fees are explained below:
* Virtual Numbers: Customer pays Monthly Recurring charges for every number purchased. Calls can be forwarded to the Primary Phone number (DID) for no extra charge. If the number is forwarded to a PSTN line (regular line) in the USA /Canada, there is an extra charge for every incoming minute. If the call is forwarded to an international number, customer pays long distance fees that vary according to the location and that are displayed in our website under international long distance rates.
4.5 Local Number Portability: There is a one time fee to port your number to Axsit of $25 per number. LNP is only available in USA and Canada.
4.6 Equipment Deposit: Clients must pay for equipment associated with their Axsit Service through their account. The deposit fees along with any associated shipping fees will be taken from the client's credit card on file.
4.7 Regulatory Recovery Fee: Axsit does not charge a Regulatory Recovery Fee at the current time. Axsit reserves the right to charge a Regulatory Recovery Fee with prior notice to the customer.
4.8 E911 Fees: As per FCC requirements, all Axsit lines are required to be equipped with fully functional, E-911 Service. As a result, an E-911 Fee is paid for by Axsit. Only customers located in the USA or Canada will be able to use this service.
4.9 411 Service Fees: 411 Service is NOT available at the present time.
4.10 Shipping Fees: You are responsible for shipping and handling fees of any Equipment which you receive from Axsit. Extra charges will appear in your account if you enter a wrong shipping address.
4.11 Customs/Import Fees: For customers within the USA and Canada there are no import fees. For other countries, the local customs office may charge import fees that are the sole responsibility of the customer. Axsit is not responsible for any of the charges a customer may incur in importing hardware purchased from Axsit. Axsit is not responsible for any import fees resulting from the customer returning Equipment. Returned equipment carrying fees of any sort will be rejected.
4.12 Outstanding charges and Termination of Service: Axsit will charge you for any outstanding charges and terminate the Service. Axsit bills all charges and applicable taxes monthly in advance to your credit card. Axsit is not responsible for any overdraft or other charges imposed by your card issuer or bank due to insufficient funds in your account.
4.13 Billing Disputes: You must notify us in writing within seven days after your invoice is generated if you dispute any Axsit charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to Customer Care Billing Department.
5. PAYMENT AND COLLECTIONS
5.1 Payments: We only accept payment by VISA and MasterCard. Your subscription to the Service authorizes us to charge your credit for monthly recurring charges.
5.2 Collection: If your Service is disconnected, you will remain fully liable to Axsit for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney's fees.
5.3 Notice: You agree to waive your rights to receive ten days advance notice from Axsit regarding the amount that Axsit will debit from your account. Axsit may send you messages about your billing from time to time, but Axsit is not obligated to do so. Axsit may change or cease its messages at any time without notice to you.
5.4 Disconnection or Discontinuance of Service: We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final month's charges. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, all of which will immediately become due and payable. Axsit will pursue collection for unpaid amounts on disconnected accounts and may report to credit bureaus.
You may cancel your Service at any time by notifying Axsit in advance of your desired cancellation date by sending an email to Axsit's Customer Care Billing Department. You remain fully liable for incurred charges outstanding at the time of termination, and you authorize Axsit to process these charges to your credit card.
7. SHIPPING AND HANDLING POLICY
Customers are responsible for the shipping fees for any hardware purchased or rented through Axsit. Please make sure you enter your correct shipping address; otherwise, you will be charged for any fees incurred by Axsit. We advise customers to put an address where they can be reached at during business hours. A Signature may be required upon delivery. In the instance that your package fails delivery and is returned to Axsit, you will be charged for restocking fees and any other associated fees. You will be required to pay new shipping fees in order for Axsit to reship the Equipment.
Axsit offers a 30-day, no restocking fee return policy for the Analog Telephone Adapter (ATA). The amount charged for the ATA will be refunded, minus any shipping fees, which are the responsibility of the customer. You need to ensure that the ATA is returned with all accessories and in good physical condition (no scratches). Prior to returning the ATA, you must fill out an RMA form to receive an RMA Number, which is required along with the return. Axsit will not accept any return without an RMA Number.
At the moment of returning any Equipment, Axsit will not be responsible for any shipping fees. Customer will be responsible for all fees associated with shipping Equipment back to Axsit. If any Equipment returned is damaged or the return is incomplete; the customer will be fully responsible for the following charges.
Nothing Returned: $79
Adapter/Router Damaged/Missing: $79
Power Adapter Damaged/Missing: $15
Ethernet cable Damaged/Missing: $10
Case Damaged/Missing: $15
Original Box Missing: $10
8.2 Defective Equipment: If the equipment is defective, customers will have to contact a Axsit Customer Service Representative and will have to ask for a RMA Number. Axsit will be responsible for shipping fees Axsit will ship a new ATA promptly and customers will have 30 days to return the defective ATA. If within 30 days Axsit does not receive the defective product, the full amount of the new Equipment will be charged to the client's credit card. If any equipment is returned incomplete customers will be fully responsible for the charges above listed in section 9.2 and section 9.3. If in Axsit's sole discretion the device which is returned is found not to be defective or is found to be defective due to misuse by the customer, all associated shipping fees and any other fees will be charged to the customer's credit card.
8.3 Alternative Interface Equipments: Customers can bring their own SIP-compatible Analog Telephone Adapter. If clients bring their own device, some of the features that Axsit offers may not work. Axsit has different Points of Presence Worldwide, and your account will be assigned to the closest POP. Please note that if you bring your own device, Axsit does not guarantee but will do its best establish your account on the best suited POP for your location. Furthermore, Axsit does not guarantee faxing-ability with your Axsit Service.
8.4 Warranty: Axsit will provide a limited warranty on the Equipment as to manufacturing defects only for a period of 1 year from the date of purchase. This retail customer limited warranty does not apply to any defect or failure other than a manufacturing defect.
8.5 Equipment on Deposit: As of February 4th, 2013, any equipment which was previously provided by Axsit on deposit to the customer, becomes the customer's responsibility and any such equipment is wholly owned by the customer.
9. MONEY BACK GUARANTEE
We offer a money back guarantee if you terminate your service within 30 days from your subscription date. The subscription date is the date you order service or the date we successfully process your payment, whichever is later. It is not the day you receive the equipment you ordered or the first day you use the service.
9.1 We offer a money back guarantee if you terminate your service within 30 days from your subscription date. Our money back guarantee applies only to the first-ordered line per account, not to additional or secondary lines. We will refund one credit for the service charge for the first service term and the price you were charged by us for your device if you meet the following conditions:
(1) This money back guarantee period only applies to the initial line ordered on your account;
(2) You have not exceeded 200 minutes of usage;
(3) You cancel your service within the first 30 days of your subscription date;
(4) If you purchased a device from Axsit, you must also satisfy the following additional conditions:
(i) Wear and Tear - We receive your device in its original condition, no later than 14 days after you cancel your service;
(ii) Return Authorization - Before returning your device to us, you need to obtain a valid return authorization number from Axsit's Customer Care department;
(iii) Shipping Costs - You pay all costs of shipping your device back to us;
(iv) If the above conditions are not met, you will be responsible for any fees as stated in Section 9.2;
Our money back guarantee does not apply to any charges for international usage, payphone calls to Axsit toll free numbers, and directory assistance. In addition, we may not be able to refund all of the taxes that you paid.
Due to the nature of how Axsit bills a customer's account, you may be billed for additional charges for the time between disconnection and return of the equipment. Axsit will use commercially reasonable efforts to refund promptly any charges (less any amounts that you owe to us) to your account following the return of your device. If you have a billing dispute following the termination of your account, please email our Customer Care Billing Department.
9.2 We have the right to disconnect or revoke our 30 day money back guarantee for all customers at any time, without prior notice.
Failure by Axsit to insist upon strict performance of any terms or conditions of this Agreement or failure or delay to exercise any rights or remedies provided herein or by law shall not release you from any of the warranties of obligations of this Agreement, and shall not be deemed a waiver of any right of Axsit to insist upon strict performance hereof or any of its rights and remedies.
This agreement shall be governed by the laws of the province of Ontario, Canada, and in the event any litigation must be initiated to reinforce the terms of this agreement, said legal action must be brought in the courts of the Province of Ontario.
12. Changes to this Agreement
Axsit may change this Agreement from time to time. Any changes will be posted at the Terms of Service section of the Axsit website. Notice will be considered received by you and any such changes will become binding and effective on the date the changes are posted to the Axsit website, except in the case of changes to the prices or charges, when we will comply with our notice commitments described above. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICE AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS, OR CONDITIONS, YOU AGREE TO THE CHANGES. The Agreement as posted supersedes all previously agreed to electronic and written terms of service.