THERE ARE IMPORTANT 9-1-1 TERMS RELATED TO THIS SERVICE, PLEASE REVIEW BELOW. BY ACTIVATING THE SERVICE, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, UNDERSTOOD AND AGREES TO THE TERMS AND CONDITIONS. THE TERMS AND CONDITIONS MAY BE CHANGED AND UPDATED FROM TIME TO TIME BY CONVERGIA. CONVERGIA WILL POST UPDATED TERMS AND CONDITIONS ON ITS WEBSITE AVAILABLE AT www.convergia.io/en-ca OR CUSTOMER CAN CALL CUSTOMER SERVICE FOR A COPY. CUSTOMER’S CONTINUED USE OF THE SERVICES THEREAFTER WILL BE DEEMED ACCEPTANCE BY CUSTOMER OF SUCH CHANGES. PLEASE KEEP CHECKING OUR WEB SITE FOR THE LATEST TERMS AND CONDITIONS.
Except as otherwise provided by the applicable law, this Agreement, or the Service Order, (A) Customer may cancel a Service Order (or portion thereof) without cause prior to the delivery of a Connection Notice upon written notice to Convergia identifying the affected Service Order and Service. If Customer does so within ten business days of signing the Agreement or the Service Order, Customer shall pay Convergia a cancellation charge of Convergia’s out of pocket costs and expenses incurred in connection with investments, constructing facilities or purchasing goods and/or services from third parties necessary for Service delivery; (B) Customer may cancel a Service Order (or portion thereof) without cause prior to the delivery of a Connection Notice upon written notice to Convergia identifying the affected Service Order and Service. If Customer does so after ten business days of signing the Agreement or the Service Order, or if Service is terminated by Convergia as the result of Customer’s default, Customer shall pay Convergia a cancellation charge equal to the sum of: (i) third party termination charges related to the cancelled Service; (ii) 25 % of the total monthly recurring charges of the Service Term related to the cancelled Service (calculated by multiplying the applicable monthly recurring charge by the number of months of the applicable Service Term); (iii) the non-recurring charges for the cancelled Service; and (iv) Convergia’s out of pocket costs and expenses incurred in connection with investments, constructing facilities or purchasing goods and/or services from third parties necessary for Service delivery.(C) Customer may terminate specified Service(s) without cause after the delivery of a Connection Notice upon written notice to Convergia. If Customer does so, or if Service is terminated by Convergia as the result of Customer’s default, Customer shall pay Convergia a termination charge equal to the sum of: (i) all unpaid amounts for Service actually provided; (ii) 100% of the remaining monthly recurring charges of the Service Term or renewal term (calculated by multiplying the applicable monthly recurring charges by the number of months remaining in the applicable Service Term); (iii) any uninstallation or deactivation charge(s); and (iv) any termination liability payable to third parties resulting from the termination, as agreed in the Service Order or if not recovered by the foregoing, and any out of pocket costs of construction to the extent such construction was undertaken to provide Services hereunder. Customer agrees that the charges in this Section are a genuine estimate of Convergia’s actual damages and are not a penalty.
6.1 Deposit. Convergia has the right to check Customer’s credit record at any time. Convergia may require Customer to pay a deposit should Convergia determine that the Customer is not credit worthy. Convergia reserves the right to review the Customer’s monthly bills and payment history with Convergia on a weekly basis and, if deemed necessary, may increase the deposit. In addition to its termination rights under sections 5 & 6 of this Agreement, if Customer fails to comply with any security deposit request made by Convergia, Convergia may immediately and without notice suspend provision of the Services.
Use of the 911/E911 Services. Convergia offers on its Digital Line Service a form of 9-1-1 Dialing service (9-1-1 Dialing) that is similar to traditional 9-1-1 (9-1-1) service but has some important differences and limitations when compared with enhanced 9-1-1 Dialing service (E9-1-1) available in most locations in conjunction with traditional telephone service. With both traditional 9-1-1 and E9-1-1 Dialing service, your call is sent directly to the nearest emergency response center. In addition, with E9-1-1 Dialing service, your call back number and address are visible to the emergency response center call-taker. With the Digital Line Service’s 9-1-1 Dialing service, your call is sent to a national emergency call center. The call center operator will confirm your location information and then transfer your 9-1-1 call to the emergency response center nearest your location. You should be prepared to confirm your address and call-back number since the operator may not have that information. Do not hang up unless told directly to do so and if disconnected, you should dial 9-1-1 again. 9-1-1 fee of $1.95 CDN per month per number for the service OR $75.00 USD per call shall apply. You should ensure your location information, when registered with Convergia, is kept current at all times. In case you are not able to speak during the 9-1-1 call, the call taker would dispatch emergency response vehicles to your last registered address. You need to update your 9-1-1 Dialing information if you move your device to a different location and if you add a new line to your account. To update or verify your 9-1-1 Dialing information you will need to contact Convergia directly. Your 9-1-1 Dialing service is activated when you subscribe to Convergia service. 9-1-1 Dialing service will not function in the event of a power or broadband outage or if your broadband, ISP or Digital Line Service is suspended or terminated. Following a power failure or disruption, you may need to reset or reconfigure your Telephone Adapter prior to utilizing the service, including 9-1-1 Dialing. You must update and verify with Convergia’s Customer Care services, your location of use for each changed, newly added or newly ported number in order for 9-1-1 Dialing to function correctly. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 call made utilizing the Service as compared to traditional 9-1-1- Dialing over traditional public telephone networks. You should inform any household residents, guests and other persons who may be present at the physical location where you utilize the Convergia service, of the important differences in and limitations of VoIP 9-1-1 Dialing service as compared with E9-1-1 Dialing service, as set out above.
7.1 Fraud. You agree to notify CONVERGIA immediately, in writing or by calling the CONVERGIA Customer Care at 1.866.669.4357, if the Equipment is stolen or if You become aware at any time that Your Service is being stolen or fraudulently used. When You call or write, You must provide Your account number and a detailed description of the circumstances of the Equipment theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of Your Service and additional charges to You. You will be liable for all such stolen or fraudulent use of the Service.
7.2 Fair Usage Policy. This policy is designed to prevent fraud and abuse by a small number of users. Convergia’s unlimited plans and features are to be used for non-commercial use only and by only the account holder and the staff members, at the place listed under the account holder location. Because over 98% of Convergia unlimited calling plan customers use less than 2000 minutes per month and do not have any unusual usage patterns, a customer’s aggregate usage may be considered outside of normal and reasonable use if it exceeds 2000 minutes per month in combination with other factors that may adversely impact other Convergia customer or Convergia network. Convergia plans have maximum reasonable call duration of 2 hours per call, after which time the call will be disconnected. Unlimited plans are subject to an aggregated limit (outgoing, call forwarding, conferencing etc) of all usage and features of 2000 minutes during each monthly billing cycle for inclusive calls. Incoming and Convergia to Convergia calls are excluded from this policy.
Excessive Use of Unlimited Plans is prohibited. “Excessive Use” means that your monthly minute usage is greater than the monthly minutes used by 98% of all individual Convergia reserves the right to either suspend your Service and offer you an alternative call plan or terminate your Service if we determine, in our sole and absolute discretion, that your use of the Service or at any time was, inconsistent with normal average usage patterns of other Convergia customers. All usage minutes over 2000 minutes will be billed on a per minute basis based on the rates for the destination country being called. If we deem your use of our Services for commercial use, you will be required to pay our higher rates for Business Plans for all periods in which your use of the Service was inconsistent with normal use or the Reasonable Usage limits described herein.
Other practices may be relevant in determining Legitimate Use and Convergia reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Convergia may at its option, terminate its relationship with you, or may suspend your subscription immediately if it determines you are using your subscription contrary to this fair usage policy. Where reasonable, Convergia will provide you with notice of improper usage before suspension or termination of your subscription and, if appropriate, Convergia may offer you an alternative subscription.
Unless Customer has purchased the Equipment from CONVERGIA, Customer agrees that the Equipment will at all times remain the property of CONVERGIA and that Customer has no right, title or interest therein. If, while in Customer’s care, the Equipment is damaged, lost, stolen, Customer agrees to pay the replacement value of the Equipment. Customer acknowledges that performing a reset of the Equipment without permission from CONVERGIA may cause Service malfunctions and any damage to the Equipment caused by such malfunctions will be Customer’s responsibility.
Customer acknowledges that CONVERGIA’s service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, TTY, medical monitoring equipment, certain versions of TIVo, satellite television systems, PBX, Centrex, other private telephone networks, or computer modems. Customer waives any claim against CONVERGIA for interference with or disruption of these services and equipment, as well as any claim that CONVERGIA is responsible for any disruption to Customer’s business, if applicable.
CONVERGIA will transfer to Customer any transferable warranties or indemnities that the manufacturer of the Equipment or the third party vendor/service provider provides to CONVERGIA. CONVERGIA SHALL HAVE NO LIABILITY TOWARDS CUSTOMER BEYOND THE EXPRESS TERMS OF SUCH MANUFACTURER EQUIPMENT WARRANTIES.
FOR VOIP SERVICES, Customer acknowledges and understands 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 CONVERGIA as set out in these Terms and Conditions. 9-1-1 SERVICE ASSOCIATED WITH UVOIP HAS CERTAIN LIMITATIONS COMPARED WITH TRADITIONAL E-1-1, WHICH ARE SET OUT BELOW. IF CUSTOMER DIALS 9-1-1, CUSTOMER 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. CUSTOMER MAY BE REQUIRED TO PROVIDE CUSTOMER’S NAME, TELEPHONE NUMBER AND ADDRESS TO THE CALL CENTRE OPERATOR. CUSTOMER AGREES TO NOTIFY CONVERGIA IMMEDIATELY SHOULD CUSTOMER INTEND TO CHANGE CUSTOMER’S USE OF CUSTOMER’S UVOIP SERVICE, INCLUDING WITHOUT LIMITATION, SHOULD CUSTOMER MOVE THE LOCATION OR MUNICIPAL ADDRESS FROM WHICH CUSTOMER USES CUSTOMER’S UVOIP SERVICE. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT A) SHOULD CUSTOMER CHANGE CUSTOMER’S USE OF CUSTOMER’S UVOIP SERVICE WITHOUT FIRST NOTIFYING CONVERGIA AND/OR B) SHOULD CUSTOMER CHOOSE TO OPERATE CUSTOMER’S SERVICE OUTSIDE OF CUSTOMER’S ADDRESS AS REGISTERED WITH CONVERGIA EITHER TEMPORARILY OR PERMANENTLY, 9-1-1 SERVICE WILL NOT OPERATE PROPERLY AND CUSTOMER’S ABILITY TO ACCESS 9-1-1 SERVICE WILL BE ADVERSELY AFFECTED. CUSTOMER ACKNOWLEDGES AND AGREES THAT CONVERGIA 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 CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS CONVERGIA (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 CUSTOMER MAY SUFFER OR INCUR, ARISING DIRECTLY OR INDIRECTLY OUT OF OR RELATING TO 9-1-1 SERVICE WITH UVOIP. Customer acknowledges and understands that during service outages by Customer’s broadband Internet service provider or for any reason whatsoever, Customer’s UVOIP Service INCLUDING 9-1-1 SERVICE, will not work. Customer acknowledges and understands in the event of a power failure, UVOIP Service, INCLUDING 9-1-1 SERVICE will not work. If there is an interruption in the power supply, the UVOIP Service, INCLUDING 9-1-1 SERVICE, will not function until power is restored. A power failure or disruption may require Customer to re-set or reconfigure Equipment prior to using the UVOIP Service. Customer acknowledges and understands that service outages due to suspension of Customer’s account as a result of billing issues will prevent UVOIP Service, INCLUDING 9-1-1 SERVICE. CONVERGIA does not currently offer Operator Service.
In no event will CONVERGIA, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to Customer in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, including inability to access emergency service personnel through the 911 dialing service or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not CONVERGIA was informed of the likelihood of any particular type of damages. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply.
CONVERGIA disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center. CONVERGIA does not have any control over any local emergency response center. Therefore, CONVERGIA is not responsible for whether they answer calls using the 911 dialing service, how they answer these calls, or how they handle them. CONVERGIA relies on third parties to assist in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. CONVERGIA is neither liable nor responsible if the data used by a third party to route calls is incorrect or produces an erroneous result. Neither CONVERGIA nor its officers or employees may be held liable for any claim, damage, or loss, fine, penalty, cost, and expense (including, without limitation, attorneys fees) by, or on behalf of, Customer or any third party or user of CONVERGIA’s service, relating to CONVERGIA’s service, including, without limitation, 911 Dialing, or CONVERGIA’s device.
CONVERGIA may change the terms and conditions of this agreement from time to time. By subscribing to CONVERGIA’s service, Customer agrees that CONVERGIA may provide to Customer by use of electronic communications required notices, agreements, and other information concerning CONVERGIA, including changes to this agreement. CONVERGIA may give Customer notice of a change by posting the change on the home page of Convergia.com, on Customer’s account web page or monthly bill, in a newsletter, by e-mail, on the relevant web page of the applicable service, or by other permitted communication. Such notices will be considered given and effective on the date posted. These changes will become binding on Customer on the date they are posted and CONVERGIA is not required to give Customer further notice in order for Customer to continue using our service. By continuing to use the service after revisions are in effect, Customer accepts and agrees to all revisions. If Customer does not agree to the changes, Customer must terminate his/her service immediately. Disconnection fees and recovery fees will not be applicable to termination of service due to increases in service plan prices or other material changes if Customer’s account is in good standing and Customer calls CONVERGIA to terminate within 30 days after posted notice of the change.
This Agreement has been drawn up in English at the request of the parties. Les parties ont convenu que la présente entente soit rédigée en anglais.
TRY AND BUY SIMS
1. Subscription. The Customer agrees to subscribe for and Convergia agrees to provide the Services as described in the Commercial Summary above subject to credit approval in accordance with all the terms and conditions set out or referenced in this Proposal/Agreement.
This Commercial Summary incorporates the Proposal referenced above and, together with such Proposal, forms an integral part of the Master Customer Agreement (“MCA”) entered between Convergia and Customer as of mm/dd/yyyy. (if applicable)
2. Services. Convergia shall provide the services described in the COMMERCIAL SUMMARY above and subject to the terms and conditions of this Commercial Proposal and such products and/or services shall be considered “Services” for the purposes of the MCA. Delivery and use of such Services shall be subject to (1) the terms of this Commercial proposal, (2) any policies and documentation provided or made available by Convergia to users of the Services and (3) any applicable laws or regulations. Convergia may prohibit any use of the Services it believes may be in violation of the foregoing.
3. Servicing, Warranties and Limitation of Liability.
a) Convergia will use commercially reasonable efforts to provide the support services outlined in this Proposal as well as Section Customer Support and Service Level Commitment below and, except for the foregoing, the Services are provided “as is”.
(b) Services may be temporarily unavailable for Agreement maintenance or for un-Agreement emergency maintenance or because of other causes beyond Convergia’s reasonable control, but Convergia shall use reasonable efforts to provide advance notice in writing or by e-mail of any Agreement service disruption, however, Convergia does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that many be obtained from the use of the Services. In addition, Convergia is not responsible for any error that has its origin in a third-party network, Customer’s equipment or systems or any other factor outside of Convergia’s control that may affect such Services.
c) Convergia does not guarantee uninterrupted working of its service and/or equipment provided. Therefore, Convergia shall not be liable to any person or persons for damages resulting from mistakes; omissions, interruptions, delays, errors or defects in transmission, failures or defects in equipment or from any other causes, provided however that in any such case, Convergia shall perform under the terms of this Agreement.
4. Customer Support and Service Level Commitment.
|Support levels||Definition & Explanation|
|Customer Service, Technical Support, Billing Support, Change Order Requests & Account Management||Monday – Friday: 8am EST – 7pm EST|
|Technical Support After Hours & Holidays: Customer Outages (Complete loss of service due to local or systematic failure, device failure or natural / weather related causes)||24 hours a day, seven (7) days a week, and 365 days a year|
|MTTR||Means a measure of the maintainability of repairable items. It represents the average time required to repair a failed component or device.|
|MTTR Start time||Incident declaration time on Support tool during next Business Hours|
|MTTR Critical incident||8 Business Hours|
|MTTR Major incident||16 Business Hours|
|MTTR Minor incident||10 Business Days|
5. Exclusions. All parts replacement and maintenance labor required to restore system performance further to any one or more of the conditions listed hereafter is not covered by this Agreement, and will be performed by Convergia and invoiced in accordance with the then current Convergia rates for such travel, labor and replacement components:
• Service interruptions, Services degradation or implementation delay due to force majeure, fortuitous events, uprisings, public disturbances, or events for which the Customer, its employees or agents/representatives are responsible.
• Strike, riot, or other act outside Convergia’s control.
• Service interruptions caused by power feed failures; Customer Equipment not provided by Convergia.
• Service interruptions during time frames when the Customer does not allow testing, repair or maintenance.
• Interruptions due to Customer negligence, including provision of inaccurate information and lack of utilization of agreed procedures.
• Implementation delay due to erroneous Orders.
• Delay in Service restoration due to Customer or third-party omissions.
6. Trouble reporting. Any customer requesting a maintenance window, will need to contact Convergia’ Service Centre during normal business hours and coordinate this request with our Technical Support Team.
If you are in USA call TF: 1 888-880-0118 or 1-866-863-3301 or by email at: firstname.lastname@example.org
If you are in Canada call TF: 1 866 669 4357 or by email at: email@example.com
7. Responsabilities of the consumer.
a. Allow (local or remote) access to the equipment as required by maintenance personnel.
b. The Customer will follow operating procedures as specified in manufacturer operating manuals.
8. Professional services. Professional Services, if provided, shall be at an additional cost based on Convergia’s standard rates in effect at the time.
9. Governing laws. This Agreement shall be constructed and interpreted in accordance with the Laws of Canada.
This section governs the access to mobile communications for M2M/IoT applications.