Terms Of Service Agreement

 

This document shall serve as an agreement between HomeLandPhone (“we”, “us”, or “provider”) and you as an end-user (“you, “user”, or “customer”). This document shall constitute the entire agreement between HomeLandPhone and you and while superseding any other prior agreements, govern your use of all HomeLandPhone services.
By activating or ordering service, you are agreeing to the provisions of this agreement in entirety. 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.

The term of this agreement will be either month to month or for the term specified in the plan you signed up service with us .
 

EMERGENCY SERVICES 9-1-1 DIALING

The 911 service provided by HomeLandPhone is just for countries which we offer Residential Home Phone plans.

By using or paying for the Services, the Customer acknowledges and agrees to all of the information below regarding the limitations of using the Service for dialling 9-1-1. The Customer acknowledges and understands that the Service does offer a limited 9-1-1 type service and that such 9-1-1 type dialling differs in important respects from traditional 9-1-1 service, as described below. The Customer agrees to advise all users who may place calls over the Service from the Customer's location of these limitations. When placing a call to emergency services with E911 or Enhanced 911, the customer’s telephone number and location are automatically transmitted to the operator during the call. These two features (telephone number and location) are what make E911 “enhanced.” With Basic 911 (B911), your call is being sent via the Internet rather than a traditional phone line and the customer telephone number and location are not automatically transmitted to the operator trained to route the customer call to local emergency service (medical, fire, and law enforcement agencies). The attendant at the answering location verbally obtains the pertinent information that identifies the caller's need and physical location. The attendant then determines the appropriate agency and transfers the caller to that agency. HomeLandPhone provides a basic 911 type service. With HomeLandPhone 9-1-1 emergency dialing your call is being sent via the Internet rather than a traditional phone line, and as the most up to date customer address information may not arrive with this call, a different method is required to send this customer address information accurately. This method may involve the use of an intermediary emergency service operator to help ascertain your current location information.The customer after dialling 911 may be routed to a different dispatcher than that used for traditional 9-1-1 dialing. The customer will need to confirm with the operator that they are still located at the address the customer has registered with HomeLandPhone. If the customer is at this address, our operator will transfer the customer call to the appropriate emergency agency. If the customer has moved their service equipment to another location and are calling from there, the customer will need to provide our operator with a current address / location. They will determine the appropriate emergency agency and transfer the customer call accordingly.The 9-1-1 call may be routed to a different dispatcher than that used for traditional 9-1-1 dialing. The dispatcher will be located at either the Public Safety Answering Point (PSAP) or with a local emergency service relay provider designated for the address specified by the Customer at the time of Service subscription or as properly updated by the Customer from time to time.Be prepared to confirm your location and telephone number with the operator who answers the 9-1-1 call since the operator may not have this information. It is also recommended to keep in mind that HomeLandPhone is your telephone service provider because if necessary, the HomeLandPhone central call centers can contact emergency services in severe emergency situations to attempt to help. You are also encouraged not to hang up until told to do so, and to call back if you get disconnected, as immediately as possible. Please note that it may take up to three (3) days upon initial activation of service for your address information to fully propagate throughout the 9-1-1 systems. HomeLandPhone 9-1-1 emergency dialing may not be available during a power outage, may not be available if using the HomeLandPhone software client and the Customer's computer is malfunctioning, in the event of suspension or disconnection of the Service because of billing issues or breach of terms of service, or any disconnection or suspension of underlying broadband access service. HomeLandPhone 9-1-1 emergency dialing will also be unavailable during a broadband internet outage. If there is a power outage, the Customer may be required to reset or reconfigure their ATA, prior to being able to use the Service, including for 9-1-1 HomeLandPhone purposes. 9-1-1 dialing will not function correctly if the Customer moves the ATA to a location other than that provided to HomeLandPhone at the time of Service activation. In such an event, in order to have 9-1-1 calls routed correctly, the Customer must update its service address at least three (3) days prior to moving by updating their information via the Freephoneline.ca web site. Customer must keep its registered location information current by updating it with HomeLandPhone to help ensure success with the emergency service operator who may assume that Customer is at the last registered address if he/she is not able to speak during a 9-1-1 call. Customer's registered location information is used to accurately connect to the appropriate emergency response center so that they may trigger the appropriate emergency response. For technical reasons associated with the possibility of network congestion, there is a possibility that the 9-1-1 call will produce a busy signal or will take longer to answer, as compared to traditional 9-1-1 calls placed from a fixed location known to the service provider. Customer should inform any household residents, guests and other persons who may be present at the physical location where the HomeLandPhone service is utilized of the important differences in and limitations of HomeLandPhone 9-1-1 dialing as compared with traditional Enhanced 9-1-1 service, as set out above. Customers traveling outside of Canada will not have 9-1-1 dialing services. If Customer is not comfortable with the limitations of the HomeLandPhone 9-1-1 emergency dialing, Customer should consider having an alternate means of accessing traditional 9-1-1 or Enhanced 9-1-1 services or disconnecting the Service. The Customer acknowledges and understands that HomeLandPhone will not be liable for any service outage and/or inability to dial 9-1-1 using the Service or to access emergency service personnel due to the 9-1-1 dialing characteristics and limitations listed herein.

The customer acknowledges and agree that notwithstanding anything to the contrary herein, HomeLandPhone, directors, officers, employees, agents and underlying carrier will not be liable for any injury, death or damage to persons or property, arising directly or indirectly out of, or relating in any way to the provision or non-provision of 9-1-1 and/or emergency 9-1-1 service, including without limitation any inability on the part of customer or its end users to access 9-1-1 and/or emergency 9-1-1 service, and the customer agrees to indemnify and hold harmless HomeLAndPhone, its affiliates and their respective directors officers, employees, agents and underlying carriers from any liabilities, claims, damages, losses arising directly from the provision or non-provision of 9-1-1 and/or emergency 9-1-1 service.

 

USE OF THE SERVICE

- Number Transfer or "Porting to HomeLandPhone "


If Customer wishes to transfer or port a current telephone number to HomeLandPhone, you must complete a Letter of Authorization (the "LOA") and submit it to HomeLandPhone. The LOA will permit HomeLandPhone to contact your current carrier and request the port of the number to the HomeLandPhone network. Customer is responsible to cancel the service agreement with the current carrier, once informed by HomeLandPhone that the port is complete. HomeLandPhone will not be responsible for numbers that are lost, charges incurred to reclaim the telephone number, or any other porting fees, should the customer cancel their service before the port is complete.

- Number Transfer Away From Fongo or "Porting Out"


If Customer intends to change to another service provider, Customer may request to take or "port out" the telephone number supplied by Fongo to such other service provider. If Customer asks a new service provider to port a number from HomeLandPhone and HomeLandPhone receives such request (with 30 days notice), HomeLandPhone will terminate the Service with respect to such number shortly after the successful completion of the port. Customer will remain responsible for any charges and fees associated with that number until the Service was terminated. If Customer's Service has been suspended due to non-payment, HomeLandPhone reserves the right to deny the port-out request. If a port is unsuccessful for any reason, the Service and this Agreement will not terminate and Customer will continue to be responsible for any charges and fees associated with the Service and Customer's account.

- No 0+ or Operator Assisted Calling; May Not Support x11 Calling.

Our service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, or calling card calls. Our service may not support 311, 511, and other x11 services in one or more service areas. Our service may support specified dialing such as 911 and 411, although certain mobile applications may not provide such dialing services. 411 charges may vary by plan.

- No Directory Listing.

The phone numbers you get from us will not be listed by us in any telephone directories. However, any phone numbers you transfer from your local phone company may be or remain listed. We have no control over directory listings.

 

Non-Voice Equipment Limitations

You acknowledge that our service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, TTY, medical monitoring equipment, streaming services, cable or satellite television services, PBX or computer modems

 

Certain Broadband, Cable Modem, and Other Services

You acknowledge that our service may not be compatible with certain cable broadband service. Some providers of broadband service may provide modems that prevent the transmission of communications using VOIP service. We do not warrant that our services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of our service with any particular broadband service.

Passwords

You will be asked to create a password in order to gain access to your account information on-line or when contacting a HomeLandPhone agent by phone. Certain applications may permit you to extend use of such application to others using your password information. You agree to keep all passwords and account information confidential and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality and for all activities that occur under your password, including without limitation usage by others. You must immediately notify us if you suspect any breach of security such as loss, or unauthorized disclosure or use of your password and account.

Changes to Service Plans

Your service plan includes terms and conditions such as monthly service allowances, limitations and features, and the associated charges, all as described at www.homelandPhone.ca or in other communications and materials made available to you in connection with your order or changes to your service. You acknowledge that your service plan is also subject to these Terms of Service. Our service is subject to our business policies, practices and procedures, which we can change at any time without notice. Unless otherwise prohibited by applicable law, we can also change the terms and conditions of your service plan (such as features and prices) at any time, with or without notice. If we do give you notice, it may be provided on your account web page or monthly bill, in a newsletter, in a mailing, by e-mail, by telephone or other communication permitted under applicable law. If your calling plan has been changed this does not affect the terms of your existing service agreement.

Virtual Numbers

International virtual numbers are not retained and may not be transferred.

Service Term

We provide our service to you indefinitely. Your service term refers to the period of time for which we will bill you periodically in advance (for example, one month or one year). The service term is the term that you selected from the options available when you signed up for our service. Your first service term begins on the Order Date. It is not the day you receive the equipment you ordered or the first time you use the service. Your service will continue until cancelled by you or by us as provided for herein. Please note that your obligations begin on your Order Date and are indefinite.

Automatic Renewal

Your service term automatically renews for the same term you selected unless you call us to cancel your service before the end of your then current service term. The renewal begins on the day after the last day of your service term.