Terms & Conditions

Date of Last Revision: March 09, 2011

These Terms of Service ("TOS") constitute an agreement between 2067229 Ontario Inc., carrying on business, and hereafter referred to as SednaVoice, and its subsidiaries, affiliates, agents, and/or licensors ("we" or "us"), and the end-user customer ("Customer", "you" or "user") for SednaVoice's telecommunication, facsimile, and related services ("Service" or "Services") associated with your assigned toll free and/or local number account ("Account"). This TOS covers and applies to all of SednaVoice's paid service plans. This TOS supersedes all prior or contemporaneous communications and proposal, whether oral or written, between SednaVoice and you with respect to the Services.

You are required to indicate your assent to this agreement through one or more mechanisms provided by SednaVoice, (e.g. clicking on a button indicating your agreement to the TOS) before accessing the Services. This agreement incorporates the following information: SednaVoice's website Terms of Use, International Rates, Service Plan Terms and Conditions, Reasonable Use Restrictions, and Privacy Policy THIS AGREEMENT GOVERNS YOUR USE OF THE SERVICES; PLEASE READ IT CAREFULLY BEFORE INDICATING YOUR ASSENT.

ADDITIONAL AGREEMENTS
Your use of the Services may be governed by one or more other agreements with SednaVoice in addition to the terms set forth herein. If you access the Services through SednaVoice's website (the "website"), you hereby agree to be bound by the website terms of use.
911 CALLING LIMITATIONS
2.1 Non-Availability of Traditional 911 or E911 Dialing Service. SednaVoice offers a form of 911 service (911 Dialing) that is similar to traditional 911 service but has some important differences and limitations when compared with enhanced 911 service (E911) available in most locations in conjunction with traditional telephone service. With both traditional 911 and E911 service, your call is sent directly to the nearest emergency response centre. In addition, with E911 service, your call back number and address are visible to the emergency response centre call-taker. With SednaVoice's 911 service, your call is sent to a national emergency call centre. The call centre operator will request or confirm your location information and then transfer your 911 call to the emergency response centre nearest your location. You should be prepared to provide or confirm your address and call-back number with the operator. Do not hang up unless told directly to do so and if disconnected, you should dial 911 again.

2.2 Registration of Physical Location Required. You should ensure your location information, when registered with SednaVoice, is kept current at all times. In case you are not able to speak during the 911 call, the call taker would dispatch emergency response vehicles to your last registered address. You need to update your 911 Dialing information if you move your device to a different location and/or if you add a new line to your account. Your 911 Dialing service is activated when you subscribe to SednaVoice service.

2.3 Service Outages. 911 Dialing service will not function in the event of a power or broadband outage or if your broadband, ISP or SednaVoice service is suspended or disconnected. Following a power failure or disruption, you may need to reset or reconfigure your Device prior to utilizing the service, including 911 Dialing.

2.4 Re-Registration Required if You Change Your Number or Add or Port New Numbers. You must successfully register your location of use for each changed, newly added or newly ported number in order for 911 Dialing to function as intended.

2.5 Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 Dialing over traditional public telephone networks.

2.6 Conveying Limitations to other household residents and guests. You should inform any household residents, guests and other persons who may be present at the physical location where you utilize the SednaVoice service, of the important differences in and limitations of VoIP 911 Dialing service as compared with E911 service, as set out above.

2.7 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response centre. We disclaim all responsibility for the conduct of local emergency response centres and the national emergency calling centre. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centres and to a national emergency calling centre. 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 SednaVoice nor its officers, employees, directors, affiliates and agents and any other service provider 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 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless SednaVoice, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with 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 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.

2.8 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the Service.
REGISTRATION PROCEDURES
Upon signing up for the Service, you agree to provide true, accurate, current and complete name, contact information, and other data to SednaVoice and at subsequent times as requested by SednaVoice. If you provide information that is, or that SednaVoice suspects to be, false, inaccurate, not current, or incomplete, SednaVoice has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof, except where prohibited by law. At all times, you shall maintain and promptly update registration data as applicable.

Upon completion of all registration information and acceptance of this TOS, SednaVoice will provide you with, as applicable, a password, user ID, and/or PIN and telephone number. You are solely responsible for maintaining the confidentiality of your password and PIN, and, at all times, you will be solely responsible for all transactions and activities that occur as a result of your disclosure of such password and/or PIN, even if such transactions and/or activities were not authorized by you. You are solely liable for any transactions or activities that occur on your Account. You shall immediately notify SednaVoice if any unauthorized use of your Account or any other breach of security has occurred. In no event shall SednaVoice be liable for any unauthorized use of your Account.
CUSTOMER REPRESENTATIONS
You represent and warrant that you possess the legal right and ability to enter into this TOS. You represent and warrant that you have made and will maintain at all times wireless or traditional wireline telephone service that will enable you to call 911 and any other applicable emergency service number. You agree to be financially responsible for your use of the Services, including the authorized or unauthorized use of your account by others. In order to use the Service, you agree, at your sole expense: to (1) provide and be responsible for payment for all equipment necessary to establish a connection to the Internet and/or to the Publicly Switched Telephone Network ("PSTN"), as may be required to use the Service; (2) provide for access to the Internet and/or PSTN and pay any Internet connection service fees associated with such access; (3) supply and pay for all phone service features required for your use of the Service; and (4) pay us for the Service.
SERVICE AND PRODUCT DESCRIPTIONS, PRICING, AND AVAILABILITY
With respect to its offering of information, services, and products, SednaVoice attempts to describe its offerings as accurately as possible. Nevertheless, SednaVoice does not warrant that information, service and product descriptions, service or product availability, or other content of its website (the "Site") is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or causes that a service or product offered on the Site may be mispriced, described inaccurately, or unavailable. Except where prohibited by law, in the event that a service or product is or is determined by SednaVoice to be mispriced or described inaccurately, SednaVoice reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order. You agree to notify SednaVoice immediately if you become aware of any pricing or descriptive errors or inconsistencies with any services or products you order through the Site and comply with any corrective action taken by SednaVoice.
AUTHORIZED USES; PROHIBITED USES
You understand and agree to use the Service only for lawful purposes and that you shall not, at any time, use the Service for any illegal, improper or abusive purpose or in any way which interferes with our ability to provide Service to other customers, prevents or restricts other customers from using the Service, or damages any SednaVoice or other customer's property. Prohibited uses include, but are not limited to:

Behavior that is obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, or invasive of another's privacy.

Sending unsolicited messages or advertisements, including email, voicemail or faxes (commercial or otherwise) ("spamming"), or otherwise sending bulk and/or junk email, voice mail, or faxes.

Harvesting or otherwise collecting information about others, including email addresses, without their consent.

Knowingly transmitting any material that contains viruses, time bombs, trojan horses, worms, or any other programs that may be harmful or dangerous.

Creating a false Caller ID identity ("ID spoofing") or forged email address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services.

Transmitting any material that may infringe the intellectual property rights or other rights of third parties.

Violating any U.S., Canadian or foreign law regarding the transmission of technical data or software exported through the Service.

You further understand and agree that:

You shall be solely liable for any transmissions sent through the Service and that SednaVoice has no control over the content of any transmission.

You will abide by all applicable SednaVoice Terms of Service, policies and procedures.

You shall not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.

You shall not interfere with other customers' or third-parties' use and enjoyment of the Service or use the Service in any manner which disrupts, prevents or restricts any other customer from using the Service.

Your use of the Service is subject to all applicable local, provincial state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising).

You are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service.

The Service is intended for business use and You will use the Service primarily for commercial purposes.
SEDNAVOICE'S PROPRIETARY RIGHTS
SednaVoice owns and shall at all times retain exclusive right, title and interest to the Service, including all intellectual property rights thereto, including without limitation with respect to all technology used in connection with or provided as part of the Services. All rights not expressly granted under this TOS are retained by SednaVoice. Any new features provided by SednaVoice shall also constitute "Services" and shall be subject to this TOS.

You may not, and shall not allow any third party to, copy, distribute, sell, resell, license, sub-license, reproduce, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services and/or any of SednaVoice's technology or software for any purpose whatsoever.
CHARGES, PLAN CREDITS AND CHARGEBACKS
8.1 Generally. You are responsible for paying all charges for your Account, including but not limited to, toll-free, local, long distance and directory assistance charges, and for all taxes and surcharges imposed on you or us as a result of your use of the Service. All fees and charges related to the Service are listed on the Plans and Features section of the Company's website, available at. These fees and charges, include your month service charge for the Service, the cost of any additional overage minutes, termination and transfer fees, any applicable government taxes, fees and assessments and any administrative fees charged by SednaVoice in connection with maintaining the Service and/or assessing or collecting such government taxes, fees and assessments. Customers with a past due balance on previous or multiple accounts will be charged the full balance upon opening a new account or updating their credit card information on file. SednaVoice also reserves the right to charge termination fee, late fee and transfer fees consistent with each plan's terms and conditions.

8.2 Plan Credits. SednaVoice offers several different Service plans. Some of the plans provide for a fixed number of monthly credits. Credits may be used for domestic or international calling and faxing; however, all credits are quoted for domestic minute usage. Rates for international calling may differ. All credits available for use with the Services, including bonus minutes and/or other promotional incentives (e.g., "refer-a-small business" credits) and the like (collectively "Plan Credits"), have no monetary value. Plan Credits may only be redeemed by the holder of the Account to which the Plan Credits have been credited, and may not be sold, transferred, or assigned, or used by another user or with another user's Account. Upon termination of your Account for any reason, all unused Plan Credits shall expire in their entirety and no refund or pro-ration shall be made for any unused Plan Credits.

8.3 International Calling. Because Plan Credits are quoted for domestic minute usage, you may be charged additional Plan Credits and/or additional rates may apply if you use your Plan Credits for international calling. You are advised to refer to your specific Service plan details regarding all domestic and international charges and all other terms and conditions of your Service plan.

8.4 Fraudulent or Erroneous Charges. SednaVoice strongly encourages you to contact SednaVoice directly in cases of suspected fraud or error involving your account. In most cases, SednaVoice can correct fraudulent or erroneous charges without bank or credit card company intervention. If you suspect fraud or discover erroneous charges on your SednaVoice account, please contact SednaVoice customer support at 1 (866) 99SEDNA. When you contact customer support, please have the following information available: (a) your name, contact information, and the SednaVoice Account telephone number in question, (b) the date that the Account in question was created, (c) the credit card account number used to open the Account, and (d) the total amount charged to the Account. If you request that your bank/credit card perform a chargeback without first contacting SednaVoice and SednaVoice subsequently determines that the charges at issue are not erroneous or fraudulent, SednaVoice reserves the right to take any available legal action except where prohibited by law.
BILLING AND PAYMENT
9.1 Any applicable initiation charges, usage and monthly recurring charges and fees are billed in full in advance. Termination and transfer charges are billed in arrears. Upon termination of your Account for any reason, all unused Plan Credits shall expire in their entirety and no refund or proration shall be made of any unused Plan Credits or of any remaining periods/months on any pre-paid Service plan except where prohibited by law.

9.2 When you subscribe to our service, you will provide us with a payment method, such as a valid credit card, and, if applicable, authorize us to collect from your payment method. Any authorization will remain valid until 30 days after you terminate our authority to charge your payment method. We will then charge you any disconnection fee and any other outstanding charges and disconnect your service. You will advise us of any changes to your payment method, such as credit card account number or expiration date changes.

9.3 Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorations to charges to your Account.

9.4 If payment of an amount due on your account is not received by us by the Required Payment Date specified by us, it will be considered a delinquent amount and will be subject to a late payment charge of 2% per month, calculated and compounded monthly on the delinquent amount (26.82% per year) from the date of the first invoice on which the delinquent amount appears until the date we receive such amount in full. You agree that we can charge any unpaid and outstanding amount, including any late payment charges, on your account to your credit card, bank account or any other payment method pre-authorized by you for payment of our charges.
EQUIPMENT RETURNS
You are responsible for all return shipping charges for any hardware returned to SednaVoice for any reason, including situations in which hardware is covered under warranty.
REASONABLE USE
Unusually high usage of the Service attributable to individual Accounts may impair SednaVoice's ability to provide the Services and/or indicate misuse of the Services. Accordingly, your use of the Services is subject to reasonable use limitations. For all unlimited Service Plans, reasonable use means that your use of the Service does not materially impair SednaVoice's ability to provide the Service to other users. For all "unlimited" Canada and North American Service Plans, reasonable use means that your use of the Service does not exceed 2,500 outgoing Canada and North America long distance minutes per month. Except where prohibited by law, SednaVoice's reserves the right to immediately disconnect, suspend or modify your Service if your use of the Service violates or it is determined by SednaVoice's that your use of the Service violates this reasonable use policy.
NUMBER OWNERSHIP
You understand that and agree that numbers requested from SednaVoice may not be available, and that you are not the owner of any toll-free or local telephone number or facsimile number assigned to you by SednaVoice. You understand and agree that SednaVoice may from time to time need to change the telephone or facsimile number assigned to you (due to an area code split or for any other reason). You understand that unless you arrange with a new service provider to port your SednaVoice number to that new service provider, the number assigned to you will be reassigned upon termination of your Service. SednaVoice will not be liable for any damages (including consequential or special damages) arising out of any such reassignment.
NUMBER AVAILABILITY
Certain of SednaVoice's Services permit you to request a specific telephone number. If you request a specific telephone number, SednaVoice will attempt to provide you with that number. However, SednaVoice cannot guarantee that requested numbers will be available. You should not order any printed material, such as business cards or stationary, showing a SednaVoice number until that number becomes active in your SednaVoice Account. SednaVoice will not be liable for reimbursement for business cards, stationary, and/or any other such expense under any conditions.
VOICEMAIL, BROADCASTING AND FAX SERVICES
Storage. SednaVoice is not obligated to store your voicemails, sent/received calls and/or faxes and does so only as a convenience to you. You agree that SednaVoice has no responsibility or liability whatsoever for the deletion or failure to store any voicemail or fax messages, any call-log information and/or other communications maintained or transmitted by the Services.

Unsolicited Advertisement Policy. The transmission of unsolicited calls, using the Service for broadcasting, or transmitting unsolicited fax advertisements is regulated by the Canadian Radio-television and Telecommunications Commission. Distribution of unsolicited voicemail, broadcast and fax advertisements through the Services is prohibited. You shall not use the Service to send or transmit any unsolicited communications or advertisements and understand that, if you do, SednaVoice may immediately terminate your right to use the Services without any liability of any kind.

At SednaVoice's option and without further notice, SednaVoice may use technologies and procedures, such as filters, that may terminate such unsolicited advertisements without delivering them. You hereby release and agree to hold harmless SednaVoice from and against any damages or liabilities of any kind related to any voicemail, broadcast and/or fax spam or solicitations that you may send and/or receive using the Services.
RECORDING CONVERSATIONS
Certain SednaVoice Services provide a function that allows you to record individual telephone conversations. The laws regarding the notice and notification requirements of such recorded conversations vary across jurisdictions, including from province to province. You are solely responsible for complying with all federal, state, provincial and local laws in any relevant jurisdiction when using this feature. SednaVoice expressly disclaims all liability with respect to your recording of telephone conversations. Except where prohibited by law, you hereby release and agree to hold harmless SednaVoice from and against any damages or liabilities of any kind related to the recording of any telephone conversations using the Services.
TERMINATION
You may cancel your use of the Services with or without cause at any time by obtaining a cancellation number from 1-866-99SEDNA and by emailing to legalnotices@sednavoice.com.

Except where prohibited by law, you understand and agree that SednaVoice may at any time, and without additional notice to you terminate, modify, suspend, disconnect, discontinue or block access to some or all of the features of the Services if:

your use of the Services violates or has at any time violated or it is determined by SednaVoice that your use of the Services violates or has at any time violated this TOS or any other applicable agreement between you and SednaVoice.

you have created or caused to be created or it is determined by SednaVoice that you have created or caused to be created multiple free accounts.

such action is necessary or is determined by SednaVoice to be necessary to maintain or improve the Services, to prevent fraud or misrepresentation by affirmative acts and/or omissions, to protect other users or third parties, or for any other good cause.

For any other reason SednaVoice would restrict access to the Services, including but not limited to compliance with requests by law enforcement or other government agencies.

Upon any termination, SednaVoice may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files, information, or the Services.

SednaVoice shall not be liable to you or any third party for any reason for terminating your use or access to the Services.

If you or SednaVoice terminates your right to use the Services, you shall not be entitled to any refund or pro ration of any pre-paid amounts or credits, subject to applicable laws.

Plan Credits purchased by you will remain effective and shall not expire for as long as your Account is active and in good standing, as determined by SednaVoice in its sole discretion.
WARRANTY DISCLAIMER
THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND SEDNAVOICE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF CANADA OR ANY PROVINCE THEREOF. SEDNAVOICE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY YOU.

SEDNAVOICE MAKES NO WARRANTY ON UP-TIME, MEAN-TIME BETWEEN FAILURES, QUALITY OF SERVICE OR THE QUALITY OF VOICE OR FAX COMMUNICATIONS.

SEDNAVOICE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. SEDNAVOICE IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL. SEDNAVOICE IS NOT RESPONSIBLE FOR THE CONTENT OR FUNCTIONALITY OF ANY THIRD PARTY NETWORK USED IN CONNECTION WITH THE SERVICES.

SEDNAVOICE DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT YOUR SOLE RISK AND DISCRETION AND SEDNAVOICE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEDNAVOICE, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

ALTHOUGH EVERY EFFORT IS MADE TO ENSURE THAT VOICEMAILS AND FAX TRANSMISSIONS ARE SECURE, SEDNAVOICE MAKES NO GUARANTEES OF SECURITY.

SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SEDNAVOICE BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. SEDNAVOICE'S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE MONTHLY FEES SEDNAVOICE CHARGED YOU DURING THE ONE (1) MONTH IMMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You shall indemnify and hold harmless SednaVoice, its directors, officers, employees, shareholders, contractors and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages resulting from (1) any negligent acts, omissions or willful misconduct by you, (2) your use of the Services, (3) any breach of this TOS by you, and/or (4) your violation of any law or of any rights of any third party. The provisions of this section are for the benefit of SednaVoice and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Some jurisdictions do not allow or limit certain customer indemnifications, so certain of the foregoing indemnifications may not apply to you or may be limited in accordance with applicable legislation.
PRIVACY
SednaVoice's Privacy Policy describes how SednaVoice handles personal information, including information that may be obtained when you access the Site. You expressly consent to all terms of SednaVoice's Privacy Policy, specifically but not limited to collection, use and disclosure of personal information as set out in the Privacy Policy.
FUTURE CHANGES TO THIS AGREEMENT
SednaVoice may update these Terms of Service from time to time. All elements in this Agreement are subject to amendment from time to time. The amendment proposal will be provided to you at least thirty (30) days but no more than ninety (90) days before the date on which the amendment shall take effect. Upon such amendment, you have the option of either terminating this Agreement or retaining the existing agreement unchanged. Your continued use of the Site after changes have been posted constitutes agreement to the updated terms and conditions.

You agree that you are solely responsible for (i) making sure that your registered email account is current and functional, (ii) checking your registered electronic mail on a daily basis, and (iii) making sure that SednaVoice communications are not blocked or rendered undeliverable by you, your computer, any software installed on your computer, your Internet service provider or for any other reason.

The modified TOS shall supersede all previously agreed to electronic and written terms of service, as well as any prior versions of this TOS.
COPYRIGHT INFRINGEMENT
Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, review content transmitted, sent or received using the Service for purposes of determining copyright infringement. However, except where prohibited by law, SednaVoice reserves the right to terminate access to its Services if a user infringes on others' copyrights, and will, in appropriate circumstances, terminate access to the Services if a user is or is determined by SednaVoice to be a repeat infringer.
FORCE MAJEURE
SednaVoice shall be excused from any delay or failure in performance hereunder, other than the payment of monies, caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war or government requirements.
NOTICES
Notices to you shall be effective when sent by email to the email address provided to us or, at our option, 3 days following the date deposited in regular Canada Post, postage prepaid, addressed to your address as kept in our files. You are responsible for notifying us of any changes in your address. Written notice to us shall be effective when directed to our Legal Department and received at our then-current address as posted on our website. Your notice must specify your name and Account information. All notices from you to SednaVoice must be made in writing.
GENERAL INFORMATION
THE LAWS OF THE PROVINCE OF ONTARIO, CANADA, EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE SEDNAVOICE SERVICES. SOME JURISDICTIONS DO NOT ALLOW GOVERNING LAW PROVISIONS, SO CERTAIN OF THE FOREGOING GOVERNING LAW PROVISIONS MAY NOT APPLY TO YOU.

If any part of this TOS is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions shall remain in full force and effect.

The failure of SednaVoice to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision.

You agree and acknowledge that any breach of the provisions regarding intellectual property ownership contained in this TOS shall cause SednaVoice irreparable harm and SednaVoice may obtain injunctive relief as well as seek all other remedies available in law and in equity.

You may not transfer or assign this TOS or any of your rights under this TOS. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, this TOS shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives.

The provisions of this TOS relating to intellectual property ownership, restrictions on use or disclosure of the Services, disclaimers of warranties, limitations of liability and indemnification shall survive termination or expiration of this TOS for any reason.

The U.N. Convention for the Sale of Goods shall not be applicable to your purchase of SednaVoice Services.

The section titles in this TOS are for convenience only and have no legal or contractual effect.

This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
DISPUTE RESOLUTION
You agree that any disputes between you and SednaVoice shall be adjudicated in the courts of the Province of Ontario, Canada. Venue for all claims and disputes between you and SednaVoice shall be the City of Toronto, Province of Ontario. You hereby consent to venue and personal jurisdiction in such courts with respect to such claims or disputes and irrevocably waive any right that such party may have to assert that such forum is not convenient or that any such court lacks jurisdiction.

Notwithstanding the adjudication requirement above, for any dispute involving CDN$ 10,000 or less, the party requesting relief may choose to resolve the dispute through binding, non-appearance-based arbitration (i.e., arbitration conducted online, through written filings, and/or via teleconference). Such arbitration shall be conducted through an established alternative dispute resolution service mutually agreed on by the parties, and any judgment rendered by the arbitrator may be entered in any court having jurisdiction. Some jurisdictions do not allow arbitration provisions, so certain of the foregoing arbitration provisions may not apply to you.
Contacting Us
If you have any questions, comments or concerns about these Terms of Use, please e-mail us at legalservices@sednavoice.com, or call us at 1(866) 99SEDNA. Alternatively, you can write to us at:

SednaVoice Attn: Terms of Use Officer 2100 Ellesmere Road, Suite 254 Toronto, ON M1H 3B7 Canada

SednaVoice is committed to the policies set forth in this TOS Agreement.

The parties confirm that it is their wish that this Agreement as well as all other documents relating to this Agreement, including notices, be drawn up in English. Les parties aux preséntes confirment que c'est leur volonté que la présente convention de même que tous les documents, y compris les avis, s'y rattachant, soient rédigés en anglais.

Copyright 2005 - 2011 SednaVoice. All rights reserved.

Date of Last Revision: March 09, 2011

SednaVoice, a division of 2067229 Ontario Inc, and its subsidiaries, affiliates, agents, and/or licensors ("SednaVoice") provide the services, products and software listed below (the "Services") to enable individuals and businesses to communicate effectively. Users are required to indicate their assent to applicable agreements before accessing the Services.

By accessing the website or otherwise agreeing to these Terms of Use, you (the User) hereby acknowledge and confirm that you have read, understand and agree to be bound by all of these Terms of Use, as may be modified by SednaVoice from time to time. If you do not accept these Terms of Use in their entirety, you may not access or use the Site.

LIMITED LICENSE
SednaVoice grants you a limited license to access and make personal, non-commercial use of our website (the "Site") and the content displayed on it. Any other redistribution, retransmission, copying, or publication of any content from this Site is strictly prohibited without the express written consent of SednaVoice. Our grant of this limited license does not include, without limitation: (1) any right of resale or commercial use of the Site or any of its content; (2) the collection and use of any service or product listings or descriptions; (3) making derivative uses of the Site or any of its contents; or (4) use of any data mining, "spiders," "robots," "wanderers," or similar data gathering and extraction methods; (5) any access, or attempt to access, any materials or information on this Site through any means not purposely made available by SednaVoice, including but not limited to bypassing the navigational structure of the Site. Except as noted above, SednaVoice does not grant to you any right or license by implication, estoppel, or otherwise in or under any copyright, trademark, service mark, registered trademark, or proprietary right of SednaVoice or any third party.

SednaVoice may update these terms (the "Agreement") from time to time. All elements in this Agreement are subject to amendment from time to time. The intervals in which SednaVoice may propose an amendment is weekly. The amendment proposal will be provided to you at least thirty (30) days but no more than ninety (90) days before the date on which the amendment shall take effect. Upon such amendment, you have the option of either terminating this Agreement or retaining the existing agreement unchanged. Your continued use of the Site after changes have been posted constitutes agreement to the updated terms and conditions.
ADDITIONAL AGREEMENTS
Because the Site serves a number of functions, including registration for and access to SednaVoice Services, your use of the Site also may be governed by other agreements; the terms of those agreements are in addition to the terms set forth herein. In the event that Site terms contradict terms set forth in a specific SednaVoice Service agreement, the Service agreement shall control.
COPYRIGHT
All content, copyrighted materials, and copyrightable materials on this Site, including, without limitation, the SednaVoice® and SednaVoice® affiliate logos, designs, text, graphics, pictures, sound files and other files, page layouts, and the selection and arrangement thereof ("Materials") are Copyright © 2005-2011 SednaVoice and/or its affiliates ALL RIGHTS RESERVED. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of SednaVoice or affiliated copyright owner. SednaVoice and its affiliates grant you permission to display, copy, distribute, and download the Materials on this Site for personal, non-commercial, and informational use only, provided that you may not, without the permission of SednaVoice or its affiliated copyright owner (1) copy, publish, or post any Materials on any computer network or broadcast or publications media, (2) modify the Materials, or (3) remove or alter any copyright and other proprietary notices contained in the Materials.
TRADEMARKS AND SERVICE MARKS
All marks and logos featured in this Web site—including, but not limited to, SednaVoice® - are either trademarks, service marks, or registered trademarks of SednaVoice or its affiliates. These trademarks, service marks, and registered trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of SednaVoice or its affiliates. All page headers, SednaVoice and SednaVoice.com custom graphics, buttons, icons, and scripts are either trademarks, service marks, and/or trade dress of SednaVoice or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of SednaVoice or its affiliates. SednaVoice and SednaVoice affiliate trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits SednaVoice or its affiliates.

All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SednaVoice.
FRAMING AND LINKING
You may not frame, enclose, or otherwise use any SednaVoice or SednaVoice affiliate trademark, logo, design, image, page layout, or other proprietary information displayed on this Site without the prior written permission of SednaVoice or its affiliates.

Subject to the restrictions in this Agreement, SednaVoice grants to you a limited, nonexclusive right to create a hypertext link ("link") to the home page of this Site so long as your link does not portray SednaVoice or any of its Services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use a SednaVoice design, logo, or other proprietary graphic, trademark, or registered trademark to link to this Site without the express written permission of SednaVoice.
THIRD-PARTY LINKS
You may encounter links to this Site on third-party websites. SednaVoice may also display on this Site links to third-party websites. In permitting (but only pursuant to the provisions above) or providing these links to you as a convenience, SednaVoice in no way implies affiliation, endorsement, or adoption of any linked website, of the owner or operator of such a site, or of any content displayed on such a site. SednaVoice does not control in any way such third-party websites. SednaVoice accepts no responsibility for—and otherwise makes no claim or representation regarding—the quality, content, or reliability of third-party websites or services accessible by link from this Site, or third-party websites linking to this Site. When leaving the SednaVoice Site using a link, you should be aware that these Terms of User and SednaVoice's Privacy Policy no longer govern your use of or access to whichever website you may view. You should therefore review the terms of use and privacy practices and procedures of that website.
INTERNATIONAL USE
SednaVoice makes no representation that materials on its Site(s) are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. You agree to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to Canada or the country in which you reside.
PRIVACY
SednaVoice's Privacy Policy describes how SednaVoice handles personal information, including information that may be obtained when you access the Site. By using the Site, you consent to the collection, use and disclosure of personal information as set out in the Privacy Policy.
DIGITAL MILLENNIUM COPYRIGHT ACT
One or more SednaVoice Services may allow third parties to upload, transmit, send, or receive copyrighted materials. SednaVoice is under no obligation to, and does not, review such materials for purposes of determining copyright infringement. However, except where prohibited by law, SednaVoice reserves the right to terminate access to its Services if a user infringes on others' copyrights, and will, in appropriate circumstances, terminate access to the Services if a user is or is determined by SednaVoice to be a repeat infringer.

All claims of copyright infringement for any material believed to reside on SednaVoice's Services should be provided in writing to SednaVoice's Legal Counsel.

Any notice of claimed infringement must include all, or substantially all, of the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SednaVoice to locate the material.
- Information reasonably sufficient to permit SednaVoice to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
The laws of the province of Ontario, Canada, excluding its conflicts-of-law rules, govern this Agreement and your use of the SednaVoice Services. You agree that any disputes between you and SednaVoice shall be adjudicated only in the courts of Ontario, Canada or of the Federal Court of Canada as the case may be. Venue for all claims and disputes between you and SednaVoice shall be the city of Toronto, Province of Ontario. You hereby consent to venue and personal jurisdiction in such courts with respect to such claims or disputes and irrevocably waive any right that such party may have to assert that such forum is not convenient or that any such court lacks jurisdiction. Some jurisdictions do not allow governing law provisions, so certain of the foregoing governing law provisions may not apply to you.

Notwithstanding the adjudication requirement above, for any dispute involving CDN$ 10,000 or less, the party requesting relief may choose to resolve the dispute through binding, non-appearance-based arbitration (i.e., arbitration conducted online, through written filings, and/or via teleconference). Such arbitration shall be conducted through an established alternative dispute resolution service mutually agreed on by the parties, and any judgment rendered by the arbitrator may be entered in any court having jurisdiction. Some jurisdictions do not allow arbitration provisions, so certain of the foregoing arbitration provisions may not apply to you.
SEVERABILITY
If any portion of these terms and conditions is determined to be unenforceable under applicable law, that portion shall be construed as nearly as possible to reflect the original intentions of the parties. All remaining terms set forth herein shall continue to have full force and effect.
DISCLAIMERS AND LIMITAION OF LIABILITY
ACCESS TO THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND SEDNAVOICE DOES NOT GUARANTEE THAT THE SITE WILL BE ACCURATE, COMPLETE, OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. SEDNAVOICE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF CANADA OR ANY PROVINCE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEDNAVOICE, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL SEDNAVOICE BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
THIRD-PARTY RIGHTS
The provisions of the Disclaimers and Limitation of Liability section above are for the benefit of SednaVoice and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
ENFORCEABILITY AND ADMISSIBILITY
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
WAIVER, MODIFICATION, AND ASSIGNMENT
Any failure by SednaVoice to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right thereof. Neither the course of conduct between SednaVoice and a user of this Site nor trade practice shall act to modify any provision of this Agreement. SednaVoice may assign its rights and duties under this Agreement to any party at any time without notice to you.
CONTACTING US
If you have any questions, comments or concerns about these Terms of Use, please e-mail us at legalservices@sednavoice.com, or call us at 1(866) 99SEDNA. Alternatively, you can write to us at:

SednaVoice
Attn: Terms of Use Officer
2100 Ellesmere Road, Suite 254
Toronto, ON M1H3B7
Canada

The parties have required that the Website Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s`y rattachent soient rédigés en anglais.

SednaVoice is committed to the policies set forth in these Terms of Use.

Copyright 2005 - 2011 SednaVoice. All rights reserved.

SHIPPING POLICY
1.1 SednaVoice provides ground shipping to physical addresses within Canada for a fee. Orders placed before 1:00 p.m Eastern Time will ship the next day.

1.2 SednaVoice provides replacement products during the service subscription period. Shipping fee will be charged for any replacement product. (Please see our Exchange Policy)
SATISFACTION GUARANTEED
All our Hosted PBX plans come with a 30 day money back guarantee. If you are not satisfied within the first 30 days we will refund 100% of your money excluding the setup fees.
MONEY BACK GUARANTEE
If for any reason you wish to cancel service within 30 days of activation, SednaVoice will refund your money.

To receive the Money Back Guarantee you must follow these guidelines:
- You need to cancel VoIP phone service in writing, or by email within 30 days of your activation date.
- You are responsible for any overage, international, shipping and handling fees, 911 or directory assistance charges.
- Your equipment must be returned within the said 30 days in the original packaging with the UPC or bar code intact.
- You can cancel your service and obtain a return authorization number from SednaVoice by calling 1-866-99SEDNA.
- Equipment returned without a valid return authorization number will not be eligible for the Money Back Guarantee.
- You may not port away a new phone number (DID) if you cancel within thirty days
- If you meet these guidelines your activation fee will be refunded and the cancellation fee will not be applied.
EXCHANGE POLICY
- Open-box items may be exchanged during the warranty period for products purchased from SednaVoice.
- SednaVoice will ship replacement product upon receipt of product. If desired, replacement product may be shipped prior to receipt of product, by charging Customer's credit card for the amount of replacement products, and refunding/crediting Customer's credit card when SednaVoice receives the returned product.
- SednaVoice provides overnight shipping for replacement products for a fee.
- Customer is responsible for freight costs when returning product.
CANCELLATION AND RETURN POLICY
- Customer may cancel the use of the Services with or without cause at any time by obtaining a cancellation number from 1-866-99SEDNA and by emailing to legalnotices@sednavoice.com.
- Certain products purchased from SednaVoice may be returned within fifteen (15) days from date of invoice for refund of the purchase price with a re-stocking fee 20%.
- Product must be clean and undamaged, with no usage marks of any kind. If product was shipped to Customer double-boxed, it must be returned double-boxed.
- Original manufacturer's packaging, both inside and outside must be used. Please do not write on the box. Returns must be complete with all manuals, cables, warranty cards, static bags, etc., just as the Customer received them.
- Customer has 15 days from date of invoice to request a return. Customer may request an RMA number by calling the service department at 1-866-99SEDNA. The RMA number issued is valid for 30 days from issue date.
- Any third-party product(s) integrated with SednaVoice products, i.e. headsets are not returnable.
- Customer is responsible for freight costs when returning product.
- Product will be returned to Customer should it be found in poor condition.
FAIR USAGE POLICY
Unusually high usage of the Service attributable to individual Accounts may impair SednaVoice's ability to provide the Services and/or indicate misuse of the Services. Accordingly, your use of the Services is subject to reasonable use limitations. For all Service Plans, reasonable use means that your use of the Service does not materially impair SednaVoice's ability to provide the Service to other users. For all "unlimited" Service Plans, reasonable use means that your use of the Service does not exceed 2,500 minutes per month. Except where prohibited by law, SednaVoice's reserves the right to immediately disconnect, suspend or modify your Service if your use of the Service violates or it is determined by SednaVoice's that your use of the Service violates this reasonable use policy.

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