1. Limitation of Liability: In no event shall Mtl Telecom be liable to Customer or any third party for special, indirect, incidental or consequential damages whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. Mtl Telecom’s liability for damages, regardless of the form of the action, shall not exceed the service charges paid by Customer for the Services, if any. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
2. Warranty Disclaimer: a. The Services are provided “as is” and “as available” and Mtl Telecom makes no warranties, express or implied, including but not limited to the implied warranties of merchant ability and fitness for a particular purpose and any similar warranty whether said warranty arises under provisions of any law of the United States, Canada or any state or province thereof. Mtl Telecom makes no representations or warranties that the services are free of rightful claims of any third party for infringement of proprietary rights. The entire risk associated with the use of Callback shall be borne solely by Customer.
b. Mtl Telecom makes no warranty that the Services will meet Customer’s requirements, or that the Services will be uninterrupted, timely, secure, error free or that any defects in the Services will be corrected.
3. Indemnification: Customer shall indemnify and hold harmless Mtl Telecom, its directors, officers, employees and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees), and damages resulting from any negligent acts, omissions or willful misconduct by Customer, Customer’s use of Callback and any breach of the terms and conditions of this Agreement by Customer including any violation of this agreement by Customer or any other person using Customers account including but not limited to any violation of any federal, state or provincial laws or regulations.
4. Terms of Service: Customer will not allow the use of Callback for illegal purposes. Individual users may be terminated, or the service may be suspended or discontinued if Mtl Telecom identify or are notified of use for illegal purposes.
5. Termination: Mtl Telecom reserves the right to, in its sole discretion, suspend or discontinue your access to all or part of this site or the SERVICE, with or without notice. Mtl Telecom will not be liable to END USER or any third party for termination of the SERVICE.
6. Payment: All paid services new or recurring are prepaid. Your initial use of the SERVICE authorizes us to charge the credit card account number on file with our company, including any changed information given if the card expires or is replaced, or if END USER substitute a different card, for recurring charges. This authorization will remain valid until 30 days after receives your written notice terminating authority to charge your credit card.
7. Late/Non-payment: Mtl Telecom may terminate your SERVICE at any time in its sole discretion, if any charge to your credit card on file with us is declined or reversed, your credit card expires and you have not provided us with a valid replacement credit card or in case of any other non-payment of account charges .
8. Governing Law: All suits and proceedings under this Agreement, be construed in accordance with and governed by, to the exclusion of the law of any other forum, the laws of the Province of Quebec. Should a court of competent jurisdiction find that any provision or portion of this Agreement to be unenforceable, the remainder of the terms included herein will continue with full force and effect.
9. Electronic Documents
Any references in the Agreement to any forms, documents or instruments shall be deemed to refer to the same in both paper and electronic form.
10. Compliance with Applicable Laws
By entering into this Agreement You expressly confirm that You are legally entitled to enter this agreement.
It is Your responsibility to abide by the terms and conditions of your cellular network provider’s contract if applicable.
If You reside in a jurisdiction where it is forbidden to use VoIP services by law or regulation You may not enter into this agreement and You may not use the service or software. By entering into this agreement You expressly state that You have confirmed that Your use of this Mobile VoIP Service is permitted.
If You live in a jurisdiction which restricts the use of Mobile VoIP services because of age, or restricts the ability to enter into agreements such as this one due to age, You must abide by such age limits and You must not use the software and service.
Emergency 999, 112, 911, E-911 and other Emergency Services Are NOT PROVIDED with this Service
This service is not a replacement for your ordinary telephone service and you cannot make emergency calls. However this does not prevent you using your mobile phone for making emergency calls via your Cellular Provider as normal.
NEITHER 911 NOR E-911 SERVICE NOR OTHER EMERGENCY SERVICE IS AVAILABLE THROUGH THE SERVICE. IF YOU DIAL "911" (OR OTHER INTERNATIONALLY RECOGNISED EMERGENCY SERVICE NUMBERS) WHILE USING THE SERVICE YOU WILL NOT BE CONNECTED TO AN EMERGENCY OPERATOR, AND NEITHER YOUR PHONE NUMBER NOR YOUR LOCATION WILL BE REPORTED TO AN EMERGENCY OPERATOR.
You Agree that:
You will only use the Service for lawful purposes, You will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
You will not use the service to cause nuisance, annoyance or inconvenience.
You will not impair the proper operation of the network.
You will not try to harm the service in any way whatsoever.
You will not copy, or distribute services or content without written permission from Mtl Telecom.
You will only use Software and Service for your own use and will not resell it to a third party.
You will keep secure and confidential your Account Password or any identification we provide You which allows access to the Service.
You will not access any age restricted services if You are under age, nor will You allow any other person to do so.
When using the service You agree to comply with all applicable laws from your home nation, the country in which You reside, or the country in which You are present while using the Service.
11. Your Contract
When you sign up for the service, You will have to register using your existing Mobile Phone Number. (We use this number to identify you and to contact You. You may only initiate phone calls via the Cell Phone Number that you sign up with).
The Service operates on a pre-pay basis and You will be prompted to pay these rates in advance.
This is an add-on service to the mobile service You currently receive. You will still have to pay your normal mobile phone service charges. Mtl Telecom is not liable for any rates or charges due to your mobile phone service provider.
13. Refund Policy: Money Back Guarantee: If in any even our service does not work for you; or you are unhappy with the service we can offer a FULL money back guarantee on all new orders, if requested in first 10 days or 30 minutes of usage, from activation.
14. Force Majeure
Mtl Telecom will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labor shortage or dispute, governmental act or failure of any third-party service or network.
15. Entire Agreement: This letter will constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.
16. General Terms: The parties acknowledge that they have required this agreement and all related documents to be prepared in English. LES PARTIES RECONNAISSENT AVOIR EXIGE QUE LA PRESENTE CONVENTION ET TOUS LES DOCUMENTS CONNEXES SOIENT REDIGES EN ANGLAIS.