1.GENERAL
In this Agreement:
- “Services” means any and all of the residential and small business long distance voice services and related product offerings provided by BRAMA TELECOM INC. - “BRAMA”.
- “You” and “Your” means the subscriber to any Services including any person, firm, corporation or other entity that utilizes the Services.
Services offered by BRAMA are subject to the terms and conditions contained herein and additional terms and conditions related to a particular Service, which make up part of this Agreement. In the event of a conflict, these terms and conditions will take precedence. This Agreement, including any additional terms and conditions related to a particular Service constitute the entire Agreement between You and BRAMA and does not include any other written or oral representations or agreements.
This Agreement may be changed and updated from time to time by BRAMA, on advance notice to you. BRAMA will also post an updated version on its website. If you do not accept a change, unless you are in a fixed term agreement, you may terminate this Agreement upon at least 30 days advance written notice to BRAMA. You cannot change this Agreement.
Language. You confirm that You accept this Agreement, as well as all other related documents, including invoices and notices, in English only, unless You specifically request French correspondence. Les Présentes Conditions Générales sont disponibles en français sur demande.
2. USE OF SERVICES.
You may use the Services subscribed for provided that You do so in compliance with this Agreement, including the Privacy Policy, and all applicable laws and regulation.
(1) You acknowledge that You are authorized to subscribe for the Services and agree that You will not resell or transfer the Services to any other person for any purpose or make any charge for the use of the Service. (2). The Services (including rate plans) and any equipment are provided to You as a residential user, for Your conventional personal, residential, non-business and non-professional use only and may not be used in any other way or for any other purpose. You agree that Your use of the Services for commercial or any other non-residential purposes will obligate You to pay higher rates for those types of use. BRAMA reserves the right to immediately suspend, terminate or modify the Service if BRAMA determines in its sole discretion, that Your service is being misused, including, without limitation, use for non-residential or commercial purposes and usage exceeding conventional residential use
3. RESPONSIBILITY FOR CHARGES.
You are responsible for paying all charges for the Services, including for all calls and services:
(i) made via your telephones or telecommunications systems;
(ii) made using any number or authorization code assigned to you, including any calling card number or any other personal identification number assigned to you or selected by you;
(iii) which are charged to your account. You are responsible for the security of your authorization codes, and access to your telephones and telecommunications systems. You have acknowledged that you are the person authorized to subscribe for the Services. In the event of a dispute regarding your authorization to subscribe for long distance Services, BRAMA will accept the local voice subscriber as the sole person so authorized.
4. SPECIAL TERMS AND СONDITIONS RELATED TO SERVICE.
Bundled Services. Minimum contract terms may apply for subscriptions to Bundled Services. If you cancel one or more of the Services in a Bundles Services plan, BRAMA will increase the rates for Your remaining Services or charge you a fee and you are responsible for any cancellation fees.
Local Service
(1) Bundled Services. You acknowledge and agree that BRAMA`s Local Services and Long Distance Services are sold as a bundled package, and that if You subscribe for BRAMA`s Local Services, You cannot subscribe to another carrier for long distance service for Your BRAMA local lines. In the event You subscribe to another carrier for long distance services, You acknowledge that BRAMA, at its sole discretion, will either increase Your Local Services rates, charge You an additional monthly fee or cancel Your Local Service and You agree You will be responsible to pay cancellation fees.
(2) Transfer of Long Distance Telephone Service. BRAMA does not have the ability to transfer Your long distance services from BRAMA`s long distance telephone service network to an alternate long distance provider. You agree that in the event that Your Local Line Services are terminated, You are solely responsible for contacting an alternate long distance service provider to convert Your long distance service from BRAMA`s long distance telephone service network to an alternate long distance service provider.
(3) “Unlimited” type rate plans are based on Your conventional personal, residential, non-business and non-professional use only and do not apply to any other type of use. "Unlimited" type rate plans include no more than 4700 min/month and any additional minutes will be charge on regular rates - 2 cents/min and "Unlimited" calls across the US include no more than 1000min/month and any additional minutes will be charged on regular rates - $0.019.
(4) You agree that BRAMA may monitor Your account for misuse and if BRAMA determines, in its sole discretion that Your use is not for conventional residential purposes, BRAMA may terminate Your use of the plan or switch You automatically to another plan.
Voice over IP Service
(5) Service Limitations: You acknowledge and understand that the Service is not a telephone service. The Service connects to the Internet, and not a telephone line. There are IMPORTANT DIFFERENCES between telephone service and the Service offering provided by BRAMA as set out in these Terms and Conditions.
(6) 9-1-1 LIMITATION: 9-1-1 service associated with Voice over IP Line HAS CERTAIN LIMITATIONS COMPARED WITH TRADITIONAL 9-1-1, WICH ARE SET OUT BELOW:
You will have Basic 9-1-1 Service only. This means that if you dial 9-1-1, your call will be automatically routed to a specialized call centre that handles emergency calls. The call centre is different from the Public Safety Answering Point (PSAP) that would answer a traditional emergency call.Your call will be routed by the call centre operator the appropriate PSAP; however, the PSAP will not have access to your address or location information or your telephone number and you will be required to provide Your name, telephone number and location to both the call centre operator and the PSAP operator. If you are disconnected from the call centre operator or PSAP operator, you must call back.
(7) SERVICE OUTAGES. YOU ACKNOWLEDGE AND UNDERSTAND THAT DURING SERVICE OUTAGES BY YOUR BROADBAND INTERNET SERVICE PROVIDER OR FOR ANY REASON WHATSOEVER, YOUR TALKBROADBAND SERVICE INCLUDING 9-1-1 SERVICE, WILL NOT WORK. IN THE EVENT OF A POWER FAILURE, TALKBROADBAND SERVICE, INCLUDING 9-1-1 SERVICE WILL NOT WORK. IF THERE IS AN INTERRUPTION IN THE POWER SUPPLY, THE VOICE OVER IP LINE SERVICE, INCLUDING 9-1-1 SERVICE, WILL NOT FUNCTION UNTIL POWER IS RESTORED. A POWER FAILURE OR DISRUPTION MAY REQUIRE YOU TO RE-SET OR RECONFIGURE EQUIPMENT PRIOR TO USING THE TALKBROADBAND SERVICE. SERVICE OUTAGES DUE TO SUSPENSION OF YOUR ACCOUNT AS A RESULT OF BILLING ISSUES WILL PREVENT VOICE OVER IP LINE SERVICE, INCLUDING 9-1-1 SERVICE.
(8) YOU AGREE TO IMMEDIATELY ADVISE BRAMA TELECOM IF YOU INTEND ON CHANGING THE ADDRESS FROM WHICH YOU USE YOUR VOICE OVER IP LINE SERVICE. YOU ACKNOWLEDGE AND UNDERSTAND YOUR 9-1-1 SERVICE.
(9) YOU ACKNOWLEDGE AND AGREE THAT BRAMA ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS, WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING TO THE 9-1-1 SERVICE AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BRAMA (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS) FOR ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES AND EXPENSES, (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) WHICH YOU MAY SUFFER OR INCUR, ARISING DIRECTLY OR INDIRECTLY OUT OF OR RELATING TO YOUR FAILURE TO OBTAIN ACCESS TO 9-1-1 SERVICE.
(10) Operator Services Currently Not Available. BRAMA does not currently offer Operator Service.
5. BILLING AND PAYMENTS.
Charges will commence as of the activation date for the applicable Services. BRAMA will invoice you monthly for charges for the Services on the customary billing date. You must pay amounts invoiced by the due date specified on the invoice, failing which you will be charged interest on outstanding past due amounts beginning on the day after the amounts were due at the rate of 1.5% per month (19.56% per annum), or such other rate as BRAMA may set from time to time. The invoice will include, and you will be responsible for paying, applicable taxes, interest on overdue amounts and charges for returned items ($15.00 per returned item). BRAMA will bill you based upon call duration in one minute increments. Call timing will be determined conclusively by BRAMA’s network systems. Any fraction of an increment will be treated as an entire increment. BRAMA reserves the right to require payment on an interim basis, prior to the normal billing date in circumstances where there is an abnormal risk of loss, for example where you have incurred a significant amount of long distance or other charges, or in situations of suspected fraud. In such cases, charges will be considered past due when the time period for payment as specified by BRAMA has lapsed. You must bring invoice inquiries and disputes to BRAMA’s attention within 30 days of the invoice date or you will be deemed to have accepted the invoice as accurate in all respects. BRAMA will review any disputed charge, provided you continue to pay the undisputed portion and subsequent invoices. If you do not claim your credit balance within the 180 day period, it shall become the property of BRAMA, and any account credits provided by BRAMA will expire. BRAMA reserves the right to charge a reasonable processing fee in connection with issuing refunds.
6. CREDIT CHECK AND SECURITY DEPOSITS
Credit and Security Deposits: BRAMA reserves the right to examine your credit record and to require a deposit or other security, including payment by credit card, before it provides, continues, or reinstates Services to you. Should BRAMA at any time consider a credit deposit to be insufficient, a further credit deposit may be required. BRAMA will determine, at its discretion, how your deposit or other security will be allocated to satisfy outstanding amounts owed by you to BRAMA. By subscribing to the Services, you authorize BRAMA to investigate your creditworthiness and agree, from time to time, to provide appropriate authorizations and financial information as BRAMA may reasonably request for this purpose.
7. BRAMA’S RIGHT TO REFUSE TO PROVIDE SERVICES.
BRAMA may at its discretion refuse to provide Services to you.
8. SERVICE INTERRUPTION.
BRAMA may interrupt your Services at any time for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons as may be required.
9. BRAMA‘S LIABILITY.
(1) BRAMA does not guarantee uninterrupted operation of the Services, or of its equipment, facilities, connections or network. BRAMA’s liability for negligence, breach of contract, tort or other causes of action, or any loss, omissions, delays, errors, defects or failures in the Services, equipment or facilities, or for any other action or inaction of BRAMA, is limited to a refund of charges for the affected Services proportionate to the length of time the problem existed, upon request. Under no circumstances shall BRAMA be liable for any indirect, special, consequential, exemplary or punitive damages whatsoever, including any interruption of business or lost profits, even if such damages were reasonably foreseeable.
(2) BRAMA is not liable for:
i) any disruption or unavailability of the Services;
ii) any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or service);
iii) your conduct, acts or omissions, or the operation or failure of your equipment or facilities;
iv) its failure, for any reason, to activate any Services on the activation date you requested;
(3) BRAMA provides the Services to you as an independent contractor. The employees or agents of other participating carriers are not and shall not be deemed to be agents or employees of BRAMA. There is no express or implied warranty or condition, whether of merchantability, fitness for a particular purpose, or otherwise, with respect to any Services, product or equipment provided to you by BRAMA. In subscribing for the Services, you obtain no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the Services.
10. YOUR LIABILITY.
(1) You agree to indemnify and hold harmless BRAMA against all claims, including fees and expenses of counsel, resulting from your use (or the use by others with your explicit or implicit consent) of the Services, your codes, facilities or equipment, which causes direct or indirect damage or harm to another party or to the property of another.
(2) You must not use, in any manner or circumstances whatsoever, BRAMA’s, trade-marks, trade names, logos or designs, and you have no authority to act on behalf of any of these companies.
(2)EQUIPMENT
Hardware Return and Replacement Policy
You may terminate your service upon no less than 30 days advance notice by contacting Brama Telecom customer support and filling out a cancellation form.
If the service is cancelled within the first 60 days of activation, all fees will be waived except cost of Long Distance and International calls, activation fee and shipping.
The cost of adapter is fully refundable within the first 2(two) months of service. No restocking fee is charged. After that it is considered that the client has purchased the adaptor and no further money will be refunded. The adapter MUST be in original pakage otherwise there is no refund.
If your equipment is defective , you may contact Customer Care to order a replacement. Please note that when you call, Customer Care will first attempt to troubleshoot your phone problems. For this reason please make your initial call to Customer Care from a different phone or you may limit the ability to troubleshoot. Once you receive the replacement phone, you must return the defective phone to BramaTelecom Inc. to complete the exchange.
How to determine if your equipment is considered defective:
Equipment is generally considered to be defective and covered under warranty if it has stopped properly functioning due to no fault of the user. For example, a software malfunction would typically be considered a defect of the device.
Equipment damage not considered defective includes, but is not limited to:
Cracks on or damage to the device case indicating that the device has been dropped.
Damage indicating that the device has been exposed to liquid.
LCD damage such that the IP-Phone screen has cracks or blue spots.
Device that have been modified or tampered with.
How to return your equipment:
Fill out the Return Form and indicate the item(s) that you are returning and the reason(s) for the return. Please note: Your return cannot be processed unless you legibly and accurately fill out the Return Form and include it with your return.
Place item(s) and completed Return Form in the original package.
Remove all other unnecessary labels in order to minimize any confusion with shipment.
Securely seal the package and process it for shipping. Insure the package for the full value of the phone, and send the package via a traceable carrier (such as UPS, FedEx, or DHL). Be sure to ask for and save the tracking number.
Your account will be credited for the full purchase price of the device (less any rebates) within two billing cycles.
NOTE: If you also wish to cancel service, you will need to call Customer Care within 72 hours of receiving the device.
IMPORTANT NOTE: If any items (a) are returned after the specified return period, (b) have been physically damaged, modified, or damaged by liquids, or (c) are missing any parts, then you will not be eligible for, and you will not receive, any credit.
What to do if your phone has been lost or stolen:
Call Customer Care immediately to suspend your service. If your device was stolen, please provide the Customer Care representative with the police report number (if available).
Once you have called Customer Care to report the device as lost or stolen, your service will be suspended for up to a maximum of 30 days. If your device has not been recovered within this time period, your current account will be cancelled to prevent any possible misuse. To avoid account cancellation, call Customer Care regarding your options for replacing the lost or stolen device.
Charges Refund Policy:
You can receive refund from BramaTelecom Inc. in several cases :
If you close your account and return equipment during the first 60 days after activation day of your account.
If you are charged for a call that was never completed (there was no answer) and request Customer Service to refund within 30 days of the invoice date. Upon verification, we will credit your account the amount charged.
If you were incorrectly charged for services not received or for which you did not sign up. In such cases, you must contact Customer Service within 24 hours of the attempted call or discovery of the erroneous charges.
IF YOU PAID WITH A CREDIT CARD, IT IS REQUIRED THAT BRAMATELECOM APPLY THE CREDIT TO YOUR CREDIT CARD. YOU WILL NOT RECEIVE A CASH REFUND!
Refund to your Credit Card will take up to 60 days.
11. SUSPENSION OR TERMINATION OF SERVICES BY BRAMA.
(1) Without incurring any liability whatsoever, BRAMA may immediately suspend or terminate any or all of the Services where you:
i) fail to pay an account that is past due, or you provide payment by cheque which is not honored by your bank;
ii) fail to provide interim payments when requested by BRAMA;
iii) fail to provide or maintain a reasonable deposit or alternate security when requested to do so by BRAMA;
iv) fail to meet BRAMA’s credit requirements, or you become bankrupt or otherwise insolvent;
v) fail to comply with the terms of a deferred payment or credit agreement with BRAMA;
vi) violate any provision of these General Terms of Service;
vii) use or permit others to use the Services so as to prevent fair and proportionate use by others;
viii) use or permit others to use any of the Services for a purpose or in a manner that is contrary to law (including decisions, rules or orders of the CRTC); or for the purpose of making harassing, threatening, abusive, annoying or offensive calls;
ix) charge or allow others to charge any other person for the use of the Services without BRAMA’s prior written agreement;
x) harass, threaten or otherwise act unreasonably towards BRAMA, its employees or agents, or in relation to the Services, including without limitation, by making numerous unwarranted requests for credits;
xi) alter or otherwise interfere with BRAMA’s facilities or equipment, or fail to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the Services, or line’s equipment, facilities or network; or
xii) fail to provide payment for other accounts with BRAMA, including amounts owed by you as a guarantor for the account of another.
(2) In the event of a billing dispute, BRAMA will not suspend or terminate your Services where:
i) you are prepared to enter into and honor a mutually acceptable deferred payment agreement; or or
ii) payment is made for all undisputed amounts when due, provided BRAMA does not have reason to believe that the purpose of disputing certain amounts is to evade or delay payment.
(3) In the event of a suspension or termination of the Services, all features and services, to the applicable telephone numbers will also be suspended or terminated. A suspension or termination will not affect your obligation to pay any amounts owed to BRAMA either during or after the suspension or termination.
(4) If the Services were suspended or terminated for cause, including non-payment or any of the reasons listed above, a reconnection service charge may be applied for reconnecting each line.
12. BRAMA INITIATED CHANGES IN TELEPHONE NUMBERS.
BRAMA reserves the right to change the access telephone number assigned to you. BRAMA will provide notice of such change to you indicating the date of such change.
13. YOUR RIGHT TO CANCEL.
BRAMA permits you to cancel your Services at any time by contacting BRAMA’s Customer Service at the number shown on your invoice. You will be responsible for all charges incurred up to the effective cancellation date, which may be later than the requested cancellation date due to administrative requirements.
14. CHANGES OR TERMINATION OF RATES, PLANS OR FEATURES.
Without incurring liability, BRAMA may at any time and without notice to you, change, modify or terminate any plan or plan features, in whole or in part (including the rates or charges). In the event of any such change or modification, you will be responsible for paying all charges incurred for the use of such Services despite the change or modification, both before and after the date thereof. In the event of a termination of a plan or plan feature, you will be responsible for paying all charges incurred up to the applicable termination date.
15. PERSONAL INFORMATION.
BRAMA Telecom will comply with its Privacy Policy with respect to personal information. The Privacy Policy can be found on Brama Telecom`s Website at www.bramatelecom.com . BRAMA Telecom reserves the right to amend its Privacy Policy from time to time, without notice. It is your responsibility to check for updates to the Privacy Policy.
16. CUSTOMER SERVICE.
You may contact our Customer Service for information, inquiries or concerns regarding the Services, or other BRAMA services or products, your account or any other matter relating to BRAMA, seven days a week, at (416) 548 4888. You may also write to BRAMA at:
BRAMA TELECOM INC.
15 Wertheim Court, Suite 404
Richmond Hill, ON
L4B 3H7, Canada
17. GENERAL TERMS OF SERVICE.
These General Terms of Service are binding upon you and on BRAMA and are subject to change from time to time. You cannot assign or transfer your rights or obligations under these General Terms of Service without BRAMA’s prior written consent. These General Terms of Service are governed by the laws of the province of Ont.
