The following terms and conditions apply to SE Telecommunications Ltd. (“SE Telecom”) provision of communication services (the “Services”) and sets out the basic rights, obligations and limitations of SE Telecom to its Customers (the “Customer”). All the terms and conditions contained herein (hereinafter referred to as “Terms”) bind both SE Telecom and the Customer and are subject to change from time to time at the sole discretion of SE Telecom, without any prior notice to the Customer. You agree to read and adhere to SE Telecom SLA available at www.setelecom.ca/sla, Privacy Policy available at www.setelecom.ca/privacy, Rules Policy available at www.setelecom.ca/rules, Equipment Policy available at www.setelecom.ca/equipment and 911 Policy at www.setelecom.ca/e911. Please review these terms as by activating service, you acknowledge that you have read, understood and agree to these terms, conditions and policies.
General
This is our agreement with you, the Customer. You agree not to use our Service for an illegal purpose, violating any law, making annoying or offensive calls, or interfering with other Customers’ Service. You further agree not to resell, transfer, or share your service.
1.0 Service
1.01 Type of Services
The Terms contained herein apply to all the Services which the Customer may subscribe from SE Telecom including, VoIP, Data, Connectivity, Features, Software, Hardware, Long Distance, and any and all related telecommunications products as SE Telecom may provide from time-to-time. The Customer may use the Services provided herein provided that the Customer does so in compliance with all applicable laws and the terms herein. The Customer acknowledges that in Telecom Decisions CRTC 2004-35, 2004-63, 2007-48 and 2008-6, the CRTC has imposed restrictions on the use of telecommunications facilities for unsolicited telecommunications, including the establishment of a national “Do Not Call List”. The Customer recognizes that they are solely responsible for ensuring compliance with these and future restrictions imposed by the CRTC. The Customer acknowledges that he/she is the person authorized to subscribe for the Services and bind the corporation or entity listed herein. The Services may only be used by the Customer and all persons having the Customer’s permission to use the Services. The Customer may only use the Services for their intended person as defined by SE Telecom.
1.02 Charges, Billing, Payment and RMA’s
When the customer has recurring services, they agree that the customers first project payment will be calculated as the one time cost plus first & last month’s recurring services up front to start the project.
Monthly recurring billing if applicable, is based on the number of users shown on the initial agreement which sets the minimum recurring monthly base billing point. If users are added and or removed the updated monthly user count is based on the base number of users or the maximum users reached that month, meaning if you have 100 users and add 10 users one day but then remove 10 users the next day you will be billed for 110 users that month. The same applies to phone numbers, toll free number, fax lines any other recurring add-on as the initial agreement sets the minimum base and the monthly billing will reflect the maximum active ant any given time of that billing period / month.
Toll free numbers and DID’s / phone number billings are based on total quantity initially ordered or added to the account across the term.
North American Toll-Free is always billable at a minimum rate of 3¢ each minute with International calling and international Toll-Free being billed on a per call by call basis depending on origin and either could be on a separate invoice depending on the type of Toll-Free calling plans that is in place
The customer may not decrease services without the applicable early cancellation fees however they may increase Services unlimitedly during the Service Term at the Service Monthly Commitment prices agreed herein. A one-time implementation fee of $50.00 will be assessed per profile added.
Conference calling minutes on each web collaboration bridge are 3¢ a minute per attendee.
The Customer is responsible for paying all charges, plus all applicable taxes, federal regulatory fees and 9-1-1 fees thereon, for the Services subscribed from SE Telecom. All charges inclusive of all calls: (i) made via the Customers telephones or telecommunications systems; (ii) made using any number or authorization access code assigned to the Customer; and (iii) which are charged to the Customer’s account.
The Customer is responsible for the security of the Customer’s authorization codes, and access to the Customer’s telephones and telecommunications systems. NSF and all refused payments shall incur a $50 administrative fee per occurrence. Credit card charge-backs will incur a $50 administration fee. SE Telecom reserves the right to charge a 25% administrative fee for all accounts remitted to collections. Calls to mobile phones in some overseas destinations are billed at higher rates. Your rates may be different based on your package. The customer shall be responsible for all charges associated with the Services and SE Telecom shall assume no responsibility or liability whatsoever for misuse, fraud, theft or otherwise.
Our preferred payment method is cheque or direct deposit; therefore, a standard 2% internal handling fee is required for all credit card payments. If paying by credit card, the Customer authorizes payment with the same credit card provided to SE Telecom for any invoice issued to the Customer if unpaid for more than thirty (30) days.
The Customer must pay for all charges associated to the Services by the designated payment option (Visa, MasterCard, or Cheque). When pre-authorized payment is selected by the Customer, the Customer authorizes SE Telecom to make such charges against such credit card or bank account to satisfy all charges for the Services. Pre-authorized payments will be deducted on or after seven (7) calendar days from the Customer’s invoice date. Prorated charges may apply. Call increments may vary depending on destination and length of call. The Customer must bring payment inquiries and disputes to SE Telecom’s attention within 10 days after the charge for the Services have been paid or the Customer will be deemed to have accepted such charges as accurate in all respects.
All invoices are due upon receipt.
All invoiced amounts not paid in full within fifteen (15) days after the date of invoice will be considered past due and subject to a late payment charge at the lesser rate of 1.5% per month or the maximum rate allowable by applicable law. Title of any goods does not pass until payment is made in full. Our preferred payment method is cheque or direct deposit; therefore, a standard 2% internal handling fee is required for all credit card payments. If paying by credit card, the Customer authorizes the payment with the same credit card provided to SE Telecom for any invoice issued to Customer if unpaid for more than thirty (30) days. All approved RMA’s / returns are subject to a minimum of 25% – 35% restocking fee. Returns are only permitted with a Return Merchandise Authorization issued by us. Any discounts will be revised if the items on the quote change **Software is non-returnable**
SE Telecom will apply an administration fee to Customer requested feature and/or service moves, adds or changes during the term of the contract. The charges will appear on a subsequent invoice.
1.03 Charges will commence as of the Activation Date of the Service(s)
The Service(s) activation date is the date on which SE Telecom installs and hands over the service(s) to the Customer. For new service(s), additions or changes to existing service(s) where SE Telecom ships equipment to the Customer premises for the Customer to deploy, service activation will be deemed to commence on the day the Customer receives the equipment.
1.04 Credit and Security Deposits
SE Telecom reserves the right to examine the Customer’s credit record before activating the Services and anytime during the term. A security deposit may be required by SE Telecom to activate Services or to sustain them if Services have already been activated. Customer authorizes SE Telecom to investigate the Customer’s credit worthiness, exchange credit information with credit reporting agencies on an ongoing basis and agrees from time to time, to provide appropriate authorizations and financial information as SE Telecom may reasonably request for this purpose. All deposits or other prepayments made by the Customer in connection with the Services will earn no interest.
1.05 Early Cancellation Fees
The term of this Agreement is identified herein. Early cancellation fees (ECF) apply from the date of Service activation or if the contract has been renewed, from the renewal date.
ECF shall be equal to the greater of; one hundred percent (100%) of the unused portion of this Agreement or an amount equal to the aggregated total of; any waived or discounted charges, credits or other form of financial incentives provided to the Customer in consideration for this agreement plus the total of any contractual obligation made by SE Telecom to support the services in this agreement.
If you terminate the recurring services prior to the end of your term, you are responsible for all charges for any remaining time left on the term as if you remained a customer through the end of the then-current term, including, without limitation, outstanding charges, unbilled charges, taxes, fees and all one time credits or discounts would need to be paid back in full.. The parties agree that these ECF are a reasonable estimate of anticipated actual damages and not a penalty
ECF will not exceed one hundred percent (100%) of the unused portion of this Agreement. Service outages and disruptions are not cause for termination of the Services by the Subscriber without incurring early termination fees.
1.06 SE Telecom’s Right to Refuse to Provide Services
(a) The Customer owes amounts to SE Telecom that are past due;
(b) The Customer does not provide a security deposit or satisfy alternate security measures when requested by SE Telecom;
(c) The Customer uses the Services which in the opinion of SE Telecom are unreasonable or injurious to the goodwill of SE Telecom, or has the potential to negatively impact other SE Telecom Customers or the SE Telecom network.
1.07 Services Interruption
(a) SE Telecom may interrupt the Services to the Customer 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.
(b) You may find the need to contact our Customer Service department. Please consult our website for up to date contact information. You agree to accept all costs associated with contacting our representatives. We do not accept collect calls. The Customer acknowledges that Voice over IP requires high-speed data connectivity. Poor or lack of connectivity, power failure, VoIP blocking, computer viruses and the like (Connectivity Issues) will cause service interruption and or failure of the service to function. It is the responsibility of the Customer to remedy these connectivity issues.
(c) SE Telecom 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 Services);
(iii) The Customer’s conduct, acts or omissions, or the operation or failure of the Customer’s equipment or facilities;
(iv) Any event beyond the reasonable control of SE Telecom including acts of God, inclement weather, including lightning, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction;
(v) Its failure, for any reason, to activate the Services on the activation date Customer requested; or
(vi) Any charges by third parties, including other telephone companies or wireless carriers for services they may have rendered in lieu of SE Telecom Service.
(d) SE Telecom’s liability to the Customer in connection with this Agreement, if any, shall not exceed the total monthly charges for the Service(s) connected to the incident(s) and the location(s) that gave rise to the liability. SE Telecom’s liability to the Customer, if any, shall be limited to direct damages and in no event shall SE Telecom be liable for lost profits, loss of data, economic loss, downtime costs, costs of substitute goods or services, lost goodwill, loss from work stoppage, costs of overhead, loss of anticipated benefits hereunder, or any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (even if SE Telecom has been advised of the possibility of such damages), arising out of or in any way connected with this Agreement.
The Customer agrees to indemnify and hold harmless SE Telecom against all claims, including fees and expenses of counsel, resulting from the Customer’s use (or the use by others with the Customer’s explicit or implicit consent) of the Services, the Customer’s codes, facilities or equipment, which cause direct or indirect damage or harm to another party or to the property of another.
1.08 Suspension or Termination of Services by SE Telecom
(a) Without incurring any liability whatsoever, SE Telecom may suspend or terminate any or all of the Services for any reason whatsoever, including, without limitation, where the Customer:
(i) fails to pay an account that is past due, or Customer provides payment by cheque or credit card which is not honored by Customer’s bank;
(ii) fails to provide interim payments when requested by SE Telecom;
(iii) fails to provide or maintain a reasonable deposit or alternate security when requested to do so by SE Telecom;
(iv) fails to meet SE Telecom’s credit requirements, or becomes bankrupt or otherwise insolvent;
(v) fails to comply with the terms of a deferred payment or credit agreement with SE Telecom;
(vi) violates any provision of these Terms;
(vii) uses or permits others to use the Services for a purpose or in a manner that is contrary to law; or for the purpose of making harassing, threatening, abusive, annoying or offensive calls;
(viii) charges or allows others to charge any other person for the use of the Services without SE Telecom’s prior written agreement;
(ix) harasses, threatens or otherwise acts unreasonably towards SE Telecom, its employees or agents, in relation to the Services;
(x) alters or otherwise interferes with SE Telecom’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 SE Telecom’s equipment, facilities or network; or
(xi) fails to provide payment for other accounts with SE Telecom, including amounts owed by the Customer as a guarantor for the account of another;
(xii) uses or permits others to use the Services for resell;
(xiii) Abuses the network with excessive usage as may be determined by SE Telecom. Excessive usage shall be determined solely by SE Telecom.
(b) A suspension or termination will not affect the Customer’s obligation to pay any amounts owed to SE Telecom either during or after the suspension or termination. If termination occurs during a contract period, the Customer will be charged for all usage plus the contract obligations. Should reactivation of services be required, SE Telecom will levy a reconnection fee.
(c) Where the Services are cancelled, either by the Customer or by SE Telecom as provided herein, and there is an undisputed credit balance on the Customer’s account, the Customer may require that it be refunded to the Customer and SE Telecom reserves the right to charge a reasonable processing fee in connection with issuing refunds.
1.09 Customer’s Right to Terminate Services and Early Cancellation
(a) Customers may cancel their contract at any time by notifying SE Telecom in writing. Cancellation may take effect on the day that SE Telecom receives notice of the cancellation, if so requested by the Customer. ECF shall be calculated according to 1.05 Early Cancellation Fees above, if applicable.
(b) All SE Telecom Contracts renew automatically upon their expiration for successive equal terms unless specifically advised otherwise by the Customer. To prevent the contract from renewing automatically; the Customer must formally request cancellation in writing prior to the expiration date. Third party termination requests will not be accepted.
(c) The Customer must notify SE Telecom in writing and allow SE Telecom reasonable time to diagnose and correct any problems that have been reported. If the problem cannot be corrected within thirty-days of the initial report by the Customer, the Customer may elect to terminate his contract without penalty or liability providing SE Telecom with written notice of his intent to cancel. Where SE Telecom has determined that the problem is not the fault of SE Telecom but rather with the Customer, his equipment, Internet, phone lines, connectivity and the like, then ECF shall apply.
(d) No-Contract: Subscribers enrolled in a month-to-month package shall only be liable for the charges used up to one month after their cancellation date. In addition, the Subscriber will be responsible for all charges for the Standard Service incurred up to the effective cancellation date. The Subscriber must formally and personally request cancellation at least thirty days prior to the expiration date. Third party termination requests are not approved.
(e) The Subscriber acknowledges that SE Telecom Services are provided on a best-efforts basis and lack of service or poor quality is not grounds for contract termination. Subscriber must allow SE Telecom reasonable time to diagnose and correct any problems that have been reported and documented by the Subscriber to SE Telecom. If the problem cannot be corrected within thirty-days of the initial report by the Subscriber, the Subscriber may elect to terminate his contract without penalty or liability providing SE Telecom with written notice of his intent to cancel. Where SE Telecom has determined that the problem is not the fault of SE Telecom but rather with the Subscriber, his equipment, Internet, phone lines, connectivity and the like, then ECF shall apply.
1.10 Telephone Number Portability
You agree throughout the term of your SE Telecom Services, and provide SE Telecom with express consent herein to transfer your phone number to;
(a) SE Telecom’s preferred carrier partners and vendors as may be required from time-to-time without further consent by you,
(b) transfer your phone number to SE Telecom upon request by you,
(c) transfer your phone number from SE Telecom to an alternate carrier of your choosing upon request by you.
(d) Service bundles include Local Number Porting (LNP) for the first two (2) carrier invoices for each customer LNP for each additional invoice is $200.00 per each additional line carrier/ invoice.
Local Number Portability (“LNP”). Customer may request that telephone numbers be ported to SE Telecom by submitting a completed LOA (Letter of Agency) and a current bill copy (less than thirty days old) from the current service provider. No port shall be accepted or submitted without this information.
Standard porting time is ten (10) to forty-five (45) days. The customer must specify the desired port date in the appropriate section of the LOA. SE Telecom will attempt to honor this date and will inform the Customer of the actual port date. Once the LOA and bill copy/CSR are received by SE Telecom, the port request shall be initiated with SE Telecom underlying carrier(s).
The customer will be provided with the FOC (Firm Order Commitment) date for when telephone numbers are scheduled to be ported to SE Telecom. Customer acknowledges that $100.00 – $200.00 per incident fees may be assessed for cancelling or changing a port order once submitted. Such fees are determined by how soon before or after the FOC date a port is cancelled.
If you were assigned a telephone number from SE Telecom, this number may at SE Telecom sole and absolute discretion and subject to applicable law be assigned to another Subscriber. Transferring phone numbers to SE Telecom (LNP) is possible only in SE Telecom serving territory. If you decide to transfer your existing phone number to SE Telecom from another telephone provider, it is possible that your service will be interrupted in certain circumstances while the transfer is in process.
1.11 International Boundaries & Rate Variations
Calls to some countries may have higher rates due to international boundary and sovereignty disputes. Examples are territories such as Kashmir India, West Bank Israel, & Gaza Israel to name a few. Rates will vary.
1.12 Limitations of Service
SE Telecom VoIP services do not support access to an operator (0), 900/976, 311, 611, or collect calls and does not include copies of the white or yellow pages.
1.13 Managed Voice Services
Where SE Telecom provides the Customer with a Managed Voice Service, it does so based on information provided by the Customer to ensure the capacity for and the quality of the voice service. SE Telecom Managed Voice includes the switch, router and SE Telecom supplied voice access at a specific Customer premises for providing a predictable and manageable hosted PBX environment. Desktop phones supplied by SE Telecom will be included in the Managed Service as long as they are used from the same service location and on the same LAN as a SE Telecom Managed Voice Access. Managed PBX Service includes a SE Telecom provided voice access. After the contract expires, should the Customer reduce their commitment with SE Telecom, SE Telecom reserves the right to either move the service to unmanaged and have the Customer provide their own access for the service or to charge a monthly recurring fee to offset the cost of the voice access facility. Hosted PBX services not explicitly managed are provided as a best effort service.
1.14 Managed Voice Services Moves
Managed Voice Customers who are planning a move from their current service location will provide SE Telecom with notice in writing to the SE Telecom Business Care team, admin@setelecom.ca at least 30 days prior to the planned move date. SE Telecom will verify connectivity options at the new location and provide a cost and time estimate for coordinating and conducting the move. Cancellation charges may apply depending on whether services can and are transferred to the new location.
1.15 Access Service Availability
The Customer acknowledges that the phone number or address check(s) for preliminary service availability, only determine if service is available in a geographic area. Due to the nature of the service technology, SE Telecom reserves the right to deem Internet service unavailable to the Customer up to, including and after the installation. SE Telecom assumes no responsibility for any claims, damages or losses relating to the unavailability of DSL service in the Customer’s geographical area, even when such determination occurs after installation of the service.
1.16 Access Service Descriptions
The following is a general description of the features of the SE Telecom Business Internet service, including;
(a) A high-speed connection, speed dependent on the service chosen. Speed is always expressed as the potential maximum in one direction and is not a guarantee that the speed will be available
(b) An included dynamic IP address and any static IP address (Es) purchased by the Customer
(c) A modem/router which will always remain the property of SE Telecom, even when a rental fee is charged for the use of the modem/router
1.17 Support contract renewals
Unless otherwise specified support contracts are offered for a minimum term of twelve (12) months.
The Initial Service Term shall begin on the Service Activation Date (the “First Service”). Following the Initial Service Term, Services shall automatically renew for additional terms equal to the Initial Service Term at the New Service Monthly Commitment in effect at the time of renewal unless and until either party notifies the other party in writing at least thirty (30) days prior to the expiration of the Term in effect at the time that it does not wish to renew the Services
2.0 Policies
2.01 Customer Confidentiality and Privacy
SE Telecom retains all rights to the information we collect about you. Your information is confidential and used to improve the Services we offer you. Your information is not shared with third parties. Customer acknowledges and agrees that SE Telecom will provide the Services in accordance with the Privacy Policy posted on SE Telecom’s website at www.setelecom.ca/privacy
2.02 Price Changes
SE Telecom reserves the right to change prices for any and all Services upon the provision of thirty (30) days’ notice. The Customer may terminate this agreement without penalty within thirty (30) days of receiving such notice, except to the extent that you agree to the change. If you advise SE Telecom in writing of your intention to terminate based on the aforesaid notice, SE Telecom may rescind the said notice in which case your notice of intention to terminate will be deemed rescinded and the Agreement will continue on its original terms.
2.03 Service: Reasonable Use & Rate info
SE Telecom voice services are for typical business use. SE Telecom reserves the right to charge an explicit rate for Long Distance calls to Canadian Independents (including 867) if it exceeds 3% of total monthly Canadian minutes, to USA Independents (including 808 and 907) if it exceeds 30% of total monthly USA minutes, whether the minutes are part of a package or not.
Unlimited plans are subject to a reasonable use aggregated limit (excluding incoming, SE Telecom VoIP to SE Telecom VoIP and internal calls) of 2500 minutes per user or 2500 minutes per SIP trunk per month. (Each additional minute is 3¢).
SE Telecom reserves the right to substitute an alternate call plan should your usage contravene this policy. The use of outbound auto dialers or predictive dialing software is NOT permitted unless specifically approved by SE Telecom in writing.
International calling will be billed as per standard international rates. Toll free rates above included amounts are 3¢ a minute and Conference calling minutes on each web collaboration bridge are 3¢ a minute per attendee. Unless stated otherwise the standard Fair Use Policy unlimited minutes include up to 500 minutes per SIP Trunk, 2500 minutes per user (Each additional minute is 3¢). Charges for Directory Calls (411). We will charge you $1.50 for each call made to directory assistance. Charges for Conference Bridge Calls are billed 3¢ per minute for each caller who calls into your conference bridge
2.04 Service Obligations
SE Telecom’s obligations under this Agreement do not extend to any relocation, maintenance, repair, rearrangement, alteration or adjustment which becomes necessary due to, resulting from or in any way related to, damage, misuse or failure on the part of the Customer. The Customer acknowledges that SE Telecom may charge the Customer for any work that is performed to correct issues beyond SE Telecom’s reasonable care and outside of SE Telecom’s control.
2.05 Internet Traffic Management Practices (ITMP) and Internet Acceptable Use Policy (AUP)
Where the Customer subscribes to SE Telecom for Internet services SE Telecom strives to provide the best experience for the Customer. When the network experiences congestion SE Telecom may prioritize traffic to ensure voice quality. Customer Internet use is also governed by the SE Telecom AUP. For complete details on our policies, see https://www.setelecom.ca/terms.
2.06 Equipment
Some SE Telecom Services require equipment to be shipped from SE Telecom to the Customer for use with the service. The title of any goods does not pass until payment is made in full.
The following terms apply to Equipment use and returns:
Any Equipment rental or purchase shall be subject to the terms and conditions set forth in the Equipment Policy posted on SE Telecom’s website at: https://www.setelecom.ca/Equipment. The customer shall be solely responsible and liable for user’s compliance with this Agreement and the proper use of the Equipment and the Services
(a) All equipment provided by SE Telecom for the purpose of providing the Services under this Agreement shall at all times remain the property of SE Telecom and must be returned in resalable condition to SE Telecom upon termination of this Agreement or demand by SE Telecom.
(b) Unless specifically approved by SE Telecom in writing, all installations of the equipment shall be done by SE Telecom or its contractors and Customer must provide reasonable access during business hours to install and service as may be required from time-to-time.
(c) The Customer shall be responsible to SE Telecom for loss or damage to all equipment in their care and control except where directly caused by negligence of SE Telecom or its’ agents. Therefore, SE Telecom strongly recommends the Customer use surge protection equipment to protect against damage from power surges. SE Telecom may provide a power bar as part of the initial installation. Such device does not constitute equipment as defined here. Should it need to be replaced, it will be the Customer’s responsibility.
(d) All in-building cabling must be provided by the Customer to SE Telecom specifications.
(e) All rental equipment that must be returned to SE Telecom within 30 days upon termination of services or any equipment being returned for any reason must be neatly packed with each device individually wrapped in bubble wrap and will be shipped at the Customers’ expense. SE Telecom will not accept collect packages or pay to have packages picked up. All returned equipment must be returned in resalable condition. For Equipment returned in less than resalable condition, Customer will be charged for refurbishing or replacement as determined by SE Telecom. Power Adapters are included with phone rentals, however they will be invoiced for at the rate of $45.00 per power supply if not returned at the end of the term.
(f) Replacement: If the equipment is deemed defective by SE Telecom, and new equipment is shipped to the Customer, the Customer is responsible at his own expense for the safe return of the defective unit to SE Telecom in good physical condition at the address indicated by SE Telecom representatives. All returned equipment must be accompanied with a note inside the packaging with the RA number (Return Authorization). Equipment without an RA will not be processed by SE Telecom.
(g) Cancellation: Upon cancellation of SE Telecom Services, the Customer is responsible at his own expense for the safe return of the equipment to SE Telecom in re-saleable condition at the address indicated by SE Telecom representatives. All returned equipment must be accompanied with a note inside the packaging with the RA number (Return Authorization). Equipment without an RA will not be processed by SE Telecom.
(h) Fees: During a Trial period where equipment is required by the Customer and SE Telecom has provided such equipment to be used with the service at no cost (Trial Equipment); Customer must obtain an RA number prior to the expiration of the Trial Period. After the Trial Period the Customer is deemed to have accepted the Trial Equipment, and contract obligations; equipment returns will not be accepted by SE Telecom.
2.07 Equipment Warranty
Equipment purchased from SE Telecom carries a twelve (12) month manufacturer’s warranty from the date of Service activation. Extended warranties may be available for purchase from SE Telecom for an additional cost.
2.08 Telephone numbers
If you were assigned a telephone number from SE Telecom, this number may at SE Telecom’s sole and absolute discretion and subject to applicable law be assigned to another Customer. Transferring phone numbers to SE Telecom (LNP) is possible only in SE Telecom serving territory.
If you decide to transfer your existing phone number to SE Telecom from another telephone provider, it is possible that your service will be interrupted in certain circumstances while the transfer is in process.
Port in fees per telephone number brought to SE Telecom are $15.00 for toll Free DID and $8.00 for US domestic DID / $9.00 for Canada, Hawaii, Alaska and Puerto Rico.
The process of porting phone numbers can be a very time-consuming process therefore to transfer any number to another company (Reverse LNP) you will incur a one-time administration fee of $50.00 per phone number to transfer to an alternate phone company.
2.09 No Directory Listing
SE Telecom does not automatically provide directory listings. Directory listings may be available in select serving area and by request only.
2.10 Scope of work
Unless specifically quoted as a line item projects do not include network assessment, POE data switches, door phones, paging integrations or any other item not specifically listed on the proposal.
Any call quality issues would be related to the internet and or customer network, therefore enterprise grade POE data switch with POE are required.
Customer responsible to install any mobile apps & PC softphones or any other software that resides on customer’s PC’s or network
The customer is responsible to provide suitable internet, data cabling & data networks with POE, and VLANS and voice prioritization for all IP based communications platforms therefore we are not responsible for any type of call quality issues.
The customer will ship any phone’s or remote hardware to remote sites and we would assist remotely with any on-site visits to remote sites billable if applicable.
All work including system cutovers is to be completed during regular business hours of 9:00 am – 5:00 pm Monday to Friday at a rate of $125.00 per hour; otherwise the Afterhours rates of $187.50 will apply. A Standard $62.50 trip charge is applicable to all service calls within 30 minutes of a major airport, otherwise a standard hourly travel rate of $125.00 per hour will apply for all travel.
All projects are to use existing cabling unless cabling has been quoted. Unless lengths are otherwise specified on the quote, all quoted cable runs are considered to be less than 100 feet with standard access drop ceilings. Each Cable run is not to exceed 1 hour, otherwise time and material costs will be applied for all additional time required. Any patch cables, wire mold or cable management is over and above the per cable drop rate.
Any discrepancies in work must be reported to SE Telecom by letter mail postmarked within 5 business days. Any discounts will be revised if any items on the quote change. Any additional time, travel or materials needed beyond what is listed on the proposal is billable as required. All Software, Licensing or any other non-tangible line items are non-returnable. Unless stated otherwise as Small System surcharge of $20.00 per month applies for sites with less than 20 users.
Shipping costs shall be invoiced separately and are not included in the rental fees or purchase price of the phones.
3.0 Service Incompatibility
3.01 Security Systems
Voice Over IP (VoIP) may not be compatible with all security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to monitor your premises. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with any SE Telecom Service.
3.02 Fax Machines
VoIP can work with most fax machines, however, due to various machine configurations, Internet connectivity, bandwidth fluctuations; faxing using your fax machine and SE Telecom VoIP Services may operate inconsistently and SE Telecom assumes no liability whatsoever and provides no guarantee that faxing will work.
3.03 Point of Sale Machines and Postage Machines
SE Telecom does not recommend, nor assumes any liability whatsoever for, point of sale machines or postage machines designed for analog telephone lines. Due to various machine configurations and Internet connectivity variations SE Telecom VoIP Services may operate inconsistently and SE Telecom does not recommend nor assumes any liability whatsoever and provides no guarantee that point of sale machines will work.
3.04 Paging Systems
VoIP can work with some analog paging systems with the use of an ATA, however, due to various machine configurations, additional equipment may be required to successfully integrate these Services. SE Telecom does not warrant interoperability nor does SE Telecom integrate such third-party solutions. The Customer will need to retain their own resources to integrate paging systems. SE Telecom VoIP Services may operate inconsistently, and SE Telecom assumes no liability whatsoever and provides no guarantee that connecting an ATA to an analog paging system will work.
4.0 General
4.01 General Terms
(a) Enurement/Assignment: These Terms are binding upon and shall ensure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns; provided, however, that the Customer shall not assign or transfer its rights or obligations under these Terms without the prior written consent of SE Telecom.
(b) Notices: Notices shall be in writing and delivered by personal delivery or certified or registered mail to the last address provided by the Customer.
(c) Unenforceable Provisions: If any part of these Terms shall be invalid or not enforceable under applicable law, such part shall be ineffective to the extent of such invalidity or unenforceable part only, without in any way affecting the remaining parts of these Terms.
(d) Governing Law: 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.
(e) Entire Agreement: These Terms set forth the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all previous discussions, negotiations and agreements.
(f) French: The Customer confirms that it wishes to have these Terms written in English only. Les parties aux présents confirment leur volonté que la Convention relative aux services de voix soit rédigée en langue anglaise seulement.
4.02 Customer Responsibilities
Where SE Telecom provides equipment as part of the service, the Customer understands that they are responsible for the reasonable care and safekeeping of all SE Telecom equipment and also agrees that:
(a) Customer is responsible for providing a location that provides adequate space for the access router and Ethernet switches if applicable – a rack or shelves for equipment up to 46cm X 6.25cm X 60cm in a location with adequate ventilation and air cooling to avoid over-heating.
(b) Customer will provide a standard 15 Amp receptacle to power the access router, Ethernet switches, modems (a UPS is strongly recommended).
(c) Customer is responsible for physical security to restrict access to the equipment and prevent outages caused by tampering or theft with adequate insurance to cover any type of loss by any means.
(d) The Customer is required to provide direct Category 5 and/or Category 6 cabling from the Ethernet switch location to each location requiring an IP phone, not to exceed 300 feet.
(e) Customer agrees not to re-arrange, disconnect, remove, re-configure any Equipment, including passwords except by prior written agreement with SE Telecom.
(f) Customer agrees to provide suitable internet & POE data switches with Vlans & QoS for all VoIP enable services that reside on the Customer provided internet.
(g) Customer agrees to provide SE Telecom and its agents access to its premises, including power and support, at SE Telecom’s reasonable request to make installations, service, inspection, tests, and adjustments as are necessary for the provision of the Services and in order for SE Telecom to repossess or remove any and all equipment or facilities it has provided for the provision of the services.
5.0 Emergency Services
5.01 VoIP and 911 Service
(a) With both traditional 9-1-1 and E9-1-1 service, your call is sent directly to the nearest emergency response centre. In addition, with E9-1-1 service, your call back number and address are visible to the emergency response centre operator. With SE Telecom’s 9-1-1 service, your call is sent to a national emergency call centre. The call centre operator will confirm your location information and then transfer your 9-1-1 call to the emergency response centre nearest your location. You should be prepared to confirm your address and call-back number since the operator may not have this information. Do not hang up unless told directly to do so and if disconnected, you should dial 9-1-1 again.
(b) Your 9-1-1 Dialing service is enabled when you activate your SE Telecom VoIP service. You should ensure your location information is always kept current. This information can be updated through the SE Telecom website under the 9-1-1 section within the “Business Care” portals. In case you are not able to speak during the 9-1-1 call, the operator will dispatch emergency response vehicles to your last registered address. Remember that you must update your 9-1-1 information if you move your device to a different location, travel in Canada with your Home Phone service, and if you add a new line to your account.
(c) Remember that your 9-1-1 Dialing service will not function in the event of a power or broadband outage or if your broadband, ISP or SE Telecom service is suspended or terminated. We suggest purchasing a UPS (uninterrupted power supply) from a local retailer to ensure that your VoIP Equipment stays powered during short power failures.
(d) You should inform all telephone users who may be present at the physical location where you utilize your VoIP Equipment, of the important differences and limitations of VoIP 9-1-1 Dialing service as compared with the E9-1-1 service as set out above. SE Telecom provides stickers warning of the 911 limitations. It is your responsibility to place these stickers on the equipment you use to access the Hosted PBX and VoIP services. If you have not received a sticker or require additional 911 stickers, please call SE Telecom at 1-877-816-8324
(e) When traveling with 9-1-1 unlike traditional phone lines, you can use your SE Telecom VoIP services anywhere. SE Telecom VoIP services are portable to any location with broadband Internet access. Since the national emergency call centre uses the address you provide to determine the nearest emergency response centre, you must update your new location when you move, or travel with your SE Telecom VoIP services in Canada or the USA. Simply log into “SE Telecom Portal” at https://portal.setelecom.ca , or the relevant portal address and click on the 9-1-1 Address option to update your address.
(f) Customers traveling outside of the USA and Canada will not have 9-1-1 Dialing services.
(g) You Acknowledge and agree that neither SE Telecom nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 9-1-1 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless SE Telecom, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 9-1-1 Dialing, incorrectly routed 9-1-1 Dialing calls, and/or the inability of any user of the Service to be able to use 9-1-1 Dialing or access emergency service personnel.
6.0 Taxes & Fees Overview:
6.01 Taxes & Fees Overview
(a) Emergency 911 Service Fee: Emergency 911 Service Fee of $1.50 per DID phone number setup with 911: This fee is used to recover SE Telecom’s costs directly associated with providing 911 and E911 customers. This fee applies to VoIP customers only.
(b) SE Telecom Compliance and Administrative Cost Recovery Fee: This fee has been reduced from the industry standard of $4.00 and higher down to an estimated $0.90 per user. This fee is a charge that is used to recover a portion of costs associated with SE Telecom’s compliance with regulatory and tax requirements and to recover fees related to intellectual property matters, including (1) fees SE Telecom is required to pay to support the Telecommunications Relay Services (TRS) Fund, which supports facilities and services used to provide telecommunications services for individuals with hearing or speech disabilities; (2) annual regulatory fees assessed on SE Telecom by the Federal Communications Commission and/or Canadian Radio-television and Telecommunications Commission; (3) costs SE Telecom incurs making required tax and regulatory filings; (4) regulatory and similar surcharges SE Telecom pays to the providers of telecommunications services that SE Telecom uses to provide its services; and (5) charges associated with the filing and maintenance of patents, trademarks and other proprietary rights.
(c) Local & State Tax: Local, State & Provincial Taxes: These taxes are imposed by state (US) or provincial (CAN), local, and municipal governments.