LEVEL4 COMMUNICATIONS SERVICE TERMS AND CONDITIONS
Service Terms and Conditions
This is an Agreement between you and Level 4 Communications ("Level4") for
Communication Services and related Services, and will become effective when you sign
up for any prepaid or postpaid services from Level4 or when you start a free trial or use
our promotional calling cards. You agree and acknowledge that Level4 may refuse to
accept this Agreement if Level4 believes that you may be unable to perform, in whole or
part with the obligations hereunder.
General
This is our agreement with you. You agree not to use our Service for an illegal purpose,
violating any law, making annoying or offensive calls, or interfering with other
Subscribers' Service. You further agree not to resell, transfer, or share your service.
Rates
Level4 rates are subject to change without notice. All calls using our Service are billed in
one minute increments with partial durations rounded to the next full minute. In many
countries, international telephone carriers charge higher prices to terminate calls to a
wireless device or special service lines. For this reason, Level4 may charge a higher rate
for these calls.
Promotions
Level4 may at its sole discretion promote Level4 services from time to time through a
variety of media channels. This may include free services for a specific period of time
(promotional period). After the promotional period you will be billed for services
automatically. You must call Level4 Customer Service before the promotional period
has elapsed and request to cancel future service. All cancellations must be verbal to your
Service.
Service Availability
Service is subject to account approval at our sole discretion. Service is normally available
to your phone whenever you are able to connect with your Level4 Access Number. The
Company may choose not to provide service to countries or calling areas at its sole
discretion. In addition, at any time the Company may prevent use of Service for any
reason, including fraudulent calling patterns, excessive usage, billing irregularities and
unlawful use. If your credit card is invalid or payment is declined by the issuer at the time
a charge is attempted, you will not be able to use the Service until your account is paid in
full.
Charges, Billing and Payment
You must pay for the charges of Services by either credit card by providing Level4 with
your credit card number upon subscribing for the Service or Pre-Authorized bank
payment by providing Level4 with the appropriate banking information; you authorize
Level4 to make such charges against such credit card or bank account to satisfy all
charges for the Services. Level4 will charge your credit card or bank account for charges
for the Unlimited Program or any other package in advance commencing on the date of
activation of the Services (pro rata for the remaining days in such month) and thereafter,
amount equal to 1 month payment for all packages purchased by you will be taken from
your credit card during period from the first day of the month of service till the last day of
the month of service, on a monthly basis or as stipulated by Level4. Payment for
Standard Services shall be made on the first day of each month for the Standard Services
used in the preceding month. Level4 at its sole discretion may elect to change billing
dates. Call increments may vary depending on destination and length of call. You must
bring payment inquiries and disputes to Level4's attention within 10 days after the charge
for the Services have been paid or you will be deemed to have accepted such charges as
accurate in all respects. You also agree to make all your payments by pre-authorized
credit card payment with the card number you gave Level4 or by pre-authorized bank
payment during the activation process unless you have enrolled for billing services in
which case payment is due upon receipt of invoice.
You are responsible for paying all charges, plus all applicable taxes thereon, for the
Services subscribed for from Level4 (which charges are subject to change from time to
time at the sole discretion of Level4 without notice to you), including for all calls: (i)
made via Your telephones or telecommunications systems; (ii) made using any number or
authorization access code assigned to you; and (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. NSF and all refused payments shall incur a
$35 administrative fee per occurrence. Credit Card charge-backs will incur a $50
administration. Level4 reserves the right to charge a 25% administrative fee for all
accounts remitted to collections. Due to billing software limitations any reference to Tax
1 or T1 is in fact an additional service charge, fee, administration cost recovery, system
use charge, or other item which we either may retain or be obligated to pay in whole or in
part to others and the use of the word Tax does not mean that it is in fact any payment to
any government.
Level4 will provide a detailed billing summary in the format of its choice, which may
change from time to time. Billing cycle dates are calendar month end and may change
from time to time. All charges will automatically be posted to the credit card account of
your choice or debited from your checking account on approximately the first day of the
month following your month end calendar billing cycle. No additional notice or consent
will be required for charging Service use to your credit card. If we are unable to collect
full amount due on your account we may attempt collection by processing several smaller
charges on your credit card or payment method on record. Charges may also be debited
from your checking account with no additional notice or consent required if that is the
payment method you have selected.
Service Abuse
You agree that your account may be monitored for use to determine abuse, residential,
business, fraudulent, or use that undermines Level4 operations in any way. Based on its
determination Level4 may deactivate service immediately without notice or liability. For
service plans marketed as “Unlimited"; these plans are monitored for abuse that may
hinder services to other Subscribers. These plans have certain standard restriction on the
usage and limited to 3000 minutes per month, which is considered as residential usage.
Anything exceeding this is considered commercial usage and is not allowed with "Unlimited"
plans.
Disputes
All amounts due, including disputed amounts, must be paid by the due date regardless of
the status of any objection. Disputed amounts can be addressed in the following ways: (1)
by contacting Level4 Customer Service Team by phone, or (2) in writing to the address
contained on our invoice. All disputes must be received within 60 days after the date of
invoice. If these requirements are not met you will waive any objections. If the desired
results are not achieved after attempting to resolve disputes by telephone you must state
your dispute in writing and mail to the address contained on our invoice within 60 days
after the date of invoice.
Service Termination/Default
Failure to pay any amount owed to us within 30 days after the date of invoice, or if you
breach any representations to us or fail to perform any of the promises you made in this
Agreement, or if you are subject to any proceeding under the Bankruptcy Act or similar
laws, you will be in default and we may, without notice to you, suspend Service and/or
terminate this Agreement. You agree to pay all cost, including reasonable attorney fees,
collection fees and court costs we incur in enforcing this Agreement through any appeal.
Cancellation of Service
You may cancel Level4 Service at any time. You may do so by (1) contacting our Customer
Service Team by telephone, or (2) by notifying us in writing at the address contained on
your invoice. All Service will be canceled within 15 business days of receipt of notice.
Following cancellation, you are responsible for paying all charges owed on your account
including but not limited to: sign up bonus credits, long distance calls, features, directory
assistance, monthly fees, any taxes, surcharges or other fees.
Unauthorized Use/Stolen Phone
If your phone is stolen or if you become aware of unauthorized use of Service you must
notify us immediately to suspend Service. You are responsible for all charges to your
telephone until Service has been suspended.
Personal Account Information
Any person able to provide your name, address, mobile number and last 4 digits of the
credit card on record or PIN is authorized by you to receive information about and make
changes to your account, including addition or deletion of accounts.
Change to This Agreement
We may amend the terms of this Agreement upon advance notice. If you do not agree to
the amendment, you may terminate the Agreement immediately and you will not be
charged any early cancellation fee. If you use the service more than 30 days after we
notify you of a change, you agree to that change. You have the option to change your
Calling Plan at any time by notifying us. You are eligible to participate in any
promotions for which you qualify, provided that you comply with all requirements of the
promotion. All billing changes will be in affect by your next billing cycle.
Limitation of Liability
We are not liable for acts or omissions of another service provider, for information
provided through your phone, equipment failure or modification, or causes beyond our
reasonable control. We are not liable for service outages nor for service limitations or
interruptions. We are not liable for any accidents or incidents which result from the use of
Service by you or any other person. Our liability and the liability of any underlying
carrier for any failure or mistake shall in no event exceed our service charges during the
affected period. We and any underlying carrier are not liable for any incidental, punitive
or consequential damages such as lost profits. We and any underlying carrier are not
liable for economic loss or injuries to persons or property arising from the use of service.
This paragraph shall survive termination of this Agreement.
Indemnification
You agree to defend, indemnify, and hold us, our affiliates and representatives and any
other service provider, harmless from claims or damages relating to this Agreement or
your promises or statements made in it and use of the Service. This paragraph shall
survive termination of this Agreement.
No Warranties
We make no express warranty regarding the Service and disclaim any implied warranty,
including any warranty of merchantability or fitness for a particular purpose. We do not
authorize anyone to make any warranty on our behalf and you should not rely on any
such statement. This paragraph shall survive termination of this Agreement.
Privacy
We are not liable for any lack of privacy you may experience while using the Service.
We have the right to intercept and disclose any transmissions over our facilities and to
provide subscriber billing and call records and related information under certain
circumstances (for example, in response to lawful process, warrants, subpoenas or to
protect our rights or property.)
Assignment
We may assign all or part of this Agreement without such assignment being considered
change to the Agreement, and without notice to you. We are then released from all
liability. You may not assign this Agreement without our prior written approval.
Governing Laws
These Terms and the rights and obligations of the parties hereunder shall be governed by,
and construed in accordance with, the laws of the province of Ontario, and the federal
laws of Canada applicable in such province.
Entire Agreement
These general Terms and Conditions represent the entire agreement between you and us
and supersede all prior offers, contracts, agreements and representations. This Agreement
supersedes all promises made to you by our customer services agents, representatives or
employees. If any part of this Agreement is found invalid, the balance remains
enforceable.
Special and Promotional Offer
We encourage the use of Service through offering first time customers a Special or
Promotional Offer. These Offers cannot be combined with any other offer. Only one
Special Offer may be redeemed per billable account. A billable account is determined by
containing any of the following: name, address, phone number, email address, or credit
card number. If you have more than one phone registered in your account, you may use
any or all of the lines you register.
You may sign-up for the Special/Promotional Offer through the Site, an authorized
Level4 Dealer or by contacting the Level4 Customer Service Team. The
Special/Promotional Offer provides free Credit to your account upon sign up or towards
your invoice on a monthly basis. Early cancellation fees equal to the amount of the credit
received will apply to customers who terminate the long distance service within 12
months of subscription, unless otherwise specified.