Fongo Master Services Agreement | Complaints

Subscription | 9-1-1 Emergency Support of Service | Software | Use of Service | Equipment | Support | Account Information and Payment | Refunds & Returns | Service Term & Cancellation | Privacy | Communications/Marketing | Order of Preference

BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY ITS TERMS AND CONDITIONS. FONGO SERVICE SCHEDULE TO FONGO MASTER SERVICES AGREEMENT.
Fongo Inc. (“Fongo”) offers a Voice over Internet Protocol (“VoIP”) phone service referred to as the “Service(s)”. This Fongo Service Schedule (“Schedule”) is an attachment to and forms an integral part of the Fongo Master Services Agreement (“Agreement”) and the customer (“Customer” or “You”) agrees to be bound by the terms and conditions set out in this Schedule as well as the Agreement which can be found at www.fongo.com/legal/terms/.
THIS FONGO SERVICE SCHEDULE IS SUBJECT TO THE LIMITATION OF LIABILITY CONTAINED IN THE MASTER SERVICES AGREEMENT.
THE CUSTOMER MUST READ AND ACCEPT THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE OR SUBSCRIBING TO THE SERVICE. THESE TERMS AND CONDITIONS OF USE CREATE AN AGREEMENT BETWEEN THE CUSTOMER AND FONGO. THESE TERMS AND CONDITIONS OF USE GOVERN THE CUSTOMER’S USE OF THIS INTERNET SITE (“SITE”) AND THE SERVICES OFFERED, INCLUDING THE SERVICE SOFTWARE, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, DATA, FILES AND INFORMATION AND ANY ONLINE OR ELECTRONIC DOCUMENTATION (“SOFTWARE”). EACH TIME THE CUSTOMER USES THIS SITE OR THE SERVICE, THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS MAY BE UPDATED AND CHANGED WITHOUT NOTICE TO THE CUSTOMER. THIS AGREEMENT TAKES PRECEDENCE OVER ANY OTHER AGREEMENT OR TERMS EMBEDDED WITHIN THE SOFTWARE.

The Site and the Service may be used only by persons who have reached the age of majority and who can form legally binding contracts under applicable law. If the Customer is under the legal age of majority in the jurisdiction in which it lives and wishes to subscribe to the Service, a parent or legal guardian must subscribe to the Service on behalf of the Customer.

1. SUBSCRIPTION

The Customer, as identified in the Customer Account (created in accordance with section 7 herein), subscribes to Fongo Services subject to the terms and conditions specified herein.

The Customer is responsible for providing accurate information and for updating any information on the Customer’s account. Fongo reserves the right to suspend or terminate the Customer’s account if provided with incomplete or inaccurate information at the time of subscription or any time thereafter.

The only way to unsubscribe from Fongo is to terminate the account and forfeit your services with Fongo. This is done through submitting a support request.

Customers subscribed to any of Fongo’s services are not in a service contract with Fongo. Customers are free to cancel services at anytime without penalty or cancellation fees. The service itself and charges for Fongo’s services are subject to change. Customers will be given notice via email of service or fee adjustments. The customer is responsible for ensuring their account has an accurate email address for Fongo to provide updates and notices.

2. 9-1-1 EMERGENCY SUPPORT FOR THE SERVICE

PLEASE READ THIS INFORMATION ABOUT 9-1-1 EMERGENCY SERVICE CAREFULLY.

By using or paying for Fongo’s Home Phone, Mobile Apps, or Business Phone System services (collectively referred to as “Fongo Services”), you acknowledge and agree to the following limitations regarding 9-1-1 emergency dialing. You also agree to inform anyone who may use these services from your location of these limitations.

1. Limited 9-1-1 Emergency Service

Fongo Services, including Home Phone, Mobile App, and Business Phone System services, offer a limited 9-1-1 service that differs from traditional 9-1-1 dialing. The service is internet-based, and calls may not be handled the same way as those made using a traditional phone line.

2. How 9-1-1 Calls Are Routed

Your 9-1-1 call may be routed to a different dispatcher than those handling traditional calls. It may go to either a Public Safety Answering Point (PSAP) or a local emergency service provider designated for the address you provided during subscription. Keep your address information up to date to ensure accurate routing.

3. Address Information Limitations

Unlike traditional Enhanced 9-1-1 services, where your location is automatically provided based on the exchange you’re calling from, Fongo’s 9-1-1 service requires additional steps to confirm your location. Calls are routed through the internet, and an intermediary may be required to confirm your address. If you are unable to speak, emergency services will assume you are at your 911 address, which is saved in your account.

4. Keeping Your Address Updated

If you move or change where you primarily will be using Fongo service, you must update your address with Fongo. Failure to do so may result in emergency responders being sent to the wrong location. You can update your information through your online dashboard. It may take up to three (3) days for the new information to take effect. If you’re unable to update your address in the dashboards, please contact our support team to let them know if your address update or gain access to your dashboard.

Fongo Home Phone and Fongo Mobile dashboard: https://account.fongo.com/login/

Fongo Works dashboard: https://www.fongoworks.com/

5. Confirming Location with 9-1-1 Operator

When placing a 9-1-1 call, be prepared to provide your location and phone number, as the operator may not have access to this information. The Customer is also encouraged not to hang up until told to do so, and to immediately call back if disconnected.

6. When 9-1-1 May Not Work

Fongo’s 9-1-1 service may not work in the following situations:

• Power outages
• Network or broadband internet failure
• Equipment malfunctions
• Service suspension due to billing issues or breach of terms of service
• Force Majeure events (e.g., natural disasters) If there’s a power outage, you may need to reset or reboot your device (ATA, modem, or phone) before using Fongo Services again
• When travelling outside of Canada with your Fongo Services, 9-1-1 dialing service will not work

7. Possible Delays or Busy Signals

Due to internet network issues, there is a possibility that 9-1-1 calls will take longer to connect or may result in a busy signal, unlike traditional 9-1-1 services that have fixed-location connections.

8. Inform Others

Make sure anyone who uses Fongo Services at your location, including family, friends, or guests, is aware of these limitations.

9. No 9-1-1 Service Outside Canada

Fongo’s 9-1-1 service is not available if you are traveling outside of Canada. If you use Fongo Services abroad, you must have an alternate means to contact emergency services.

10. Consider an Alternative 9-1-1 Access

If you are uncomfortable with the limitations of Fongo’s 9-1-1 emergency dialing, you should have another method available to reach traditional 9-1-1 services. All cellular devices issued in Canada, whether they have an active service plan or not, can call 9-1-1 emergency services.

11. No Liability for 9-1-1 Limitations

You acknowledge and understand that Fongo, its affiliates, directors, officers, employees, agents, and underlying carriers will not be liable for any service outage or inability to access 9-1-1 emergency services. This includes, but is not limited to, any harm (such as injury or death) resulting from the failure of Fongo’s 9-1-1 services.

You agree to indemnify and hold harmless Fongo, its affiliates, and their respective directors, officers, employees, agents, and underlying carriers from any claims, damages, or losses resulting from the use or non-use of Fongo’s 9-1-1 service.

Final Notes: 911 Emergency calling service is unavailable for use with FreePhoneLine Desktop-only accounts in the provinces of Quebec, New Brunswick, Newfoundland and Labrador, and Prince Edward Island. 911 Emergency calls cannot be made through any Chat Service. By continuing to use Fongo Services, you accept these terms regarding 9-1-1 emergency dialling.

3. SOFTWARE

• Software license
  

• At the time of subscription, Customer shall receive or shall be entitled to download the Software required to run and operate the Service.
• Subject to the terms and conditions of the Agreement, Fongo grants to Customer a non-exclusive, non-transferable, revocable, limited license to use the Software.
• Customer shall have no right to transfer, assign or sublicense the Software.
• Restrictions on altering the Software or the code in any way
  Except as otherwise specified in this Schedule , the Customer may not: (i) copy the Software, other than one copy which is permitted as a backup; (ii) Modify or create any derivative works of any Software, Service or documentation, including translation or localization (code written to published application programming interfaces or APIs); (iii) Sublicense or permit simultaneous use of the Service by more than one user; (iv) Reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any Software related to the Service;(v) Redistribute, encumber, sell, rent, lease, sublicense, or use the Software or the Service in a timesharing or service bureau arrangement, or otherwise transfer the Software or any rights to the Software; (vi) Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or Service; or (vii) Publish any results of benchmark tests run on any Software to a third party without Fongo’s prior written consent.
• Ownership of Software and Service
  All right, title and interest in the copyright, patents and intellectual property rights in the Software and the Service or any part thereof remain with Fongo or the original owner of such rights, as the case may be.

4. USE OF THE SERVICE

• System Requirements
  The customer is responsible for ensuring that their system (computer or device) meets the minimum system requirements to run the service. If the customer’s system does not meet these requirements, Fongo is not responsible for any connection difficulties or service delays, deficiencies, interruptions or related damages the customer may have as a result.
• Installation
  The Customer is responsible for the download and installation of the Software and the Service. Fongo’s applications must only be downloaded from the approved app stores: Apple App Store, Google Play store, Amazon Appstore, Huawei App Gallery, Samsung Galaxy Store, or the Microsoft Store.
• Third Party Software and Downloads
  
  • Fongo is not responsible for third party software downloads or hardware installed by the Customer which may alter the Service connection, the Customer’s system configuration or which may prevent or alter internet connection, speed, or service or have any other impact on the Service.
  • Fongo is not responsible for any spyware, malware or virus the Customer contracts on its system from using the internet or the World Wide Web.
  • Fongo assumes no responsibility whatsoever for any internet or email or other connection software the Customer may run on its system. Fongo assumes no responsibility for any damages that may result from the use of such software.
• Number Transfer or “Porting”
  If Customer intends to change to another service provider, Customer may request to take or “port” the telephone number supplied by Fongo to such other service provider. If Customer asks a new service provider to port a number from Fongo and Fongo receives such request (with 30 days notice), Fongo 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 a port is unsuccessful for any reason, the Service and the Agreement will not terminate and Customer will continue to be responsible for any charges and fees associated with the Service and Customer’s Account.
• Directory Listing
  The phone number(s) that Customer obtains in connection with the Service will not be listed in any telephone directories.
• No 0+ , Operator Assisted Calling or 900 calls
  The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls and third party billing calls). Further, the Service does not support 1-900 calls or other similar services, does not support 411 calls, and does not support 311 calls. The Service may support certain calling card calls or other companies’ flat rate calling services (depending on dialing requirements), but it will not support 10-10 dial around long distance services.
• Long Distance
  Long distance calls are free when Customer is calling to Fongo’s Free Calling Cities list. For a current listing of Free Calling Cities please check www.fongo.com/calling/free/. For calling to destinations outside of Fongo’s Free Calling Cities, Customer may purchase long distance credits (“World Credits”). Charges for destinations outside of Fongo’s Free Calling Cities will be applied against World Credits at the then current destination rates, which may change from time to time without notice to Customer. All destinations outside of Fongo’s Free Calling Cities have landline rates and cellular rates. Calls are billed in 60 second increments, and have connection fees per call. For more information on purchasing World Credits, current rates for destinations outside of Fongo’s Free Calling Cities, and connection fees please see www.fongo.com/calling/long-distance/ . Within Fongo’s mobile SIP applications, the exact per minute rate for a call may be found by selecting the “World Rate” button prior to placing a call.
• Acceptable Use Policy
  The Customer may make use of the Services solely for his/her own personal, residential use. The Service is to be used for voice only purposes. The Customer may not resell or transfer the Service to any other person for any purpose, or charge any other person for the use of the Service. Fongo services are for personal, non-commercial use, except for Fongo Works.
  The Customer must adhere to the Fongo Acceptable Use Policy which can be found at www.fongo.com/legal/acceptable-use/

5. EQUIPMENT

• The Customer may purchase or rent equipment from Fongo in connection with the Services (“Equipment”).
• The Customer shall cause the Equipment to be operated in compliance with the general operating specifications and standards of the manufacturer, and all applicable laws.
• The Customer will not sell, lease or otherwise dispose of the Equipment (or any part thereof) and will keep the Equipment free of all encumbrances. In the case of Equipment purchase, the Customer may sell, lease or otherwise dispose of the Equipment after all amounts owing have been satisfied.
• At all times, the Customer will use the Equipment only in the manner for which it is designed and as a prudent and careful owner would.
• The Customer will bear the risk of loss, destruction or confiscation of the Equipment from the time the Equipment is delivered to the Customer and the Customer is responsible for insuring the Equipment as of the date of such delivery.
• The customer may return purchased equipment, that is in new condition, to Fongo for a full refund within 30 days of purchase.

6. SUPPORT

• Fongo offers varying types of support for the Service. The Customer should review the customer support sections of the Fongo site to address Service related questions. Further, the Customer may contact Fongo directly with Service related questions at the email or telephone number indicated in the “Contact Us” section.
• With respect to Equipment, Fongo will offer technical assistance and support for degradation or malfunction due to normal wear and tear to the hardware or equipment rented or purchased from Fongo unless otherwise specified.
• Fongo will not provide support for third party services, hardware, software, PC repair services, enhancements, upgrades or modifications that are not purchased, rented or licensed from Fongo.
• Fongo will not in any event be held responsible to correct or fix any problems or errors relating to or caused by the installation, configuration or modification of the Customer’s equipment or system or any components thereof or to incur any costs related thereto.

7. ACCOUNT INFORMATION AND PAYMENT

• To subscribe to the Services and download the Software, the Customer shall provide the required information at the application section of this Site and create an account (“Customer Account”, or “Account”).
• One (1) Customer Account is permitted per person.
• Any fees and charges for the Service, Equipment, or other services or products purchased under this Fongo Service Schedule, including shipping and handling charges, will be paid by the Customer by credit card (Visa, MasterCard or American Express) or any other approved method of payment, which may change from time to time.
• The Customer will be responsible for payment of all applicable taxes.
• Following payment by the Customer, the Customer will be provided with an electronic receipt of payment.
• For purchases that have monthly charges, the Customer will be billed monthly, one (1) month in advance. All monthly Services require pre-authorized payment via credit card. A Customer who provides payment by credit card agrees to allow Fongo to bill his or her card on each successive billing date. The Customer shall notify Fongo of any changes in credit card number and expiration date. If the card is not honoured for any reason, and if alternative billing has not been established, the Account and the Service may be suspended until the payment is received.
• Any Fongo account that is involved in a credit card charge-back, app vendor charge-back, or any other form of voided transaction will be blocked. Please view this article for more details.
• Currently there is no charge for the basic Fongo Service (not including Equipment, calls outside the Fongo Free Calling Area or other ancillary services). If fees are to be charged on the Fongo Service in the future, Fongo will provide the Customer thirty (30) days written notice to the email address submitted at registration (or current email address) and will confirm credit card details for the purposes of payment.
• Customers who utilize the Service via an Apple device should note that World Credits may only be purchased from within the application and that any World Credits purchased may not be transferred to another non-Apple device, even if such device is owned by the Customer and an account has been properly created. Fongo is unable to provide the Customer with any additional World Credits to compensate for World Credits forfeited upon adoption of a non-Apple device.
• World Credits can only be used for long distance calling or toll-free calls (Fongo Works). World Credits cannot be transferred to another Fongo account.
• Any fees and charges for the Service, Equipment or other services or products purchased under this Fongo Service Schedule are non-refundable unless otherwise specified.
• The Customer is responsible for notifying Fongo of any disputed charges they receive on their desired payment method. Any disputed charges must be reported within 3 months of receiving the charge. Any disputes outside of 3 months from the charge date will not be eligible for a refund.
• The number transfer fee is non-refundable if the transfer is completed or the port is rejected for reasons beyond Fongo’s control i.e. incorrect information provided, outstanding balance with current provider, breaking a contract with current provider, etc.

8. Refunds & Returns

Number Transfer/Porting (all Fongo services)

Porting refunds are issued for the following reasons (not limited to):

• Fongo’s negligence which resulted in Porting to be incomplete
  
  • Fongo did not follow up on the status or update the porting case resulting in the porting rejection
  • Fongo did not initiate the porting case for the customer

Refunds will not be issued due to Customer or Previous Provider’s negligence (not limited to):

• Customer initiated porting but then decides to cancel for any reason (i.e. Provider offers better rates, number porting to some other company, etc.)
• Customer provides inaccurate information for porting resulting in rejection from other provider
• Customer disconnects or initiates a disconnect to the number before initiating or finalizing porting with Fongo
• Initiated the porting but on an account that does not belong to the customer
• Initiated porting for a number on an inactive account

Fongo Mobile & Fongo World Edition

Users must contact their app vendor about refunds for in-app purchases. Fongo cannot perform refunds for purchases that are done through the app.

• Example: A user who purchases a Canada Texting package in the Fongo Mobile app using their iPhone would need to contact the Apple Appstore for a refund.

Note: A refund from your app vendor will trigger your Fongo account to be blocked. You will need to contact our support team to request unblocking.

If you made a purchase directly through your account online (by logging in here and entering the online store), please contact our support team regarding a refund (requests must be immediate).

Fongo Home Phone

Contact our support team to cancel service. We require a written cancellation submission, so please do not call. Our support team will provide you with instructions to return your adapter if you wish to do so.

Cancellations within 30 days of initial purchase:

• What’s refundable:
  
  • Essential service fees (annual or monthly will be fully refunded immediately)
  • Fongo Home Phone adapter purchase
    
    • Refunded once returned and determined it is still in new condition
    • The adapter must be returned within 60 days of initial purchase, while your cancellation request must be made within 30 days of initial purchase.
• What’s non-refundable:
  
  • Essential service fees deposit
    
    • This is only refundable after 1 year of service (learn more)
  • Shipping & Handling
  • Phone number porting fee
    
    • Number transfer fees are non-refundable

Cancellations outside 30 days of initial purchase:

• None of the items on your first (sign up) invoice are refundable
• Partial usage of a service period will not be refunded (annual or monthly)
  
  • Monthly and annual subscription customers will not receive a prorated refund when cancelling service during their month/year of service
• Essential service fee deposit is refundable by request after 1 year of service (when cancelling service)

Fongo Works

Pro Service:

Monthly Billing

• Your first month of Fongo Works Pro service is refundable within 30 days of initial purchase
• Subsequent months of service are non-refundable
  
  • Mid-month cancellations or failure to utilize the service does not entitle you to reimbursement, as it is considered forfeiture of the service you’ve paid for

Annual Billing

• Your yearly purchase of Fongo Works Pro service is refundable within 30 days of initial purchase
• Mid-year cancellations or failure to utilize the service does not entitle you to reimbursement, as it is considered forfeiture of the service you’ve paid for

Pro Devices:

• All devices and Pro Device monthly fees are fully refundable within 30 days of initial purchase
  
  • Customer pays return shipping for devices
  • Devices must be in new condition upon return to receive full refund
• Outside of 30 days from the initial purchase, devices cannot be returned
• Pro Device monthly fees will not be refunded for mid-month cancellations or failure to utilize the service as it is considered forfeiture of the service you’ve paid for

9. SERVICE TERM & CANCELLATION

Service Term for Fongo Service

The term of the Service will begin on the date the Software is downloaded by the Customer (“Activation Date”) and will end when the Service is cancelled by the Customer or by Fongo in accordance with section 8(c) below (the “Term”).

Ancillary Services

• If the Customer orders from Fongo or an affiliate any ancillary or supplementary services to the Service, including, but not limited to, DSL, long distance and secondary telephone numbers, such services shall have specific fees and charges applied and may be provided on a specific term, which shall be detailed in the order process

Service Cancellation

• • The Service may be cancelled at any time by the Customer
  • Any ancillary or supplementary services that Customer subscribes to from Fongo or an affiliate under a specific service term or that have separate fees or charges attached may be subject to termination charges. The termination provisions and termination charges, if applicable, will be applied in accordance with the relevant service schedule and the master services agreement.

  • At any time, if the Customer does not place an out-going call using the Service for a period of ninety (90) days, Fongo has the right to cancel the Service and recall the telephone number assigned to the Customer’s account.

  • Fongo has the right to cancel the Service immediately due to Customer’s breach of this Agreement or this Schedule or any abuse or action that is inconsistent with the Fongo Acceptable Use Policy.

Account Dormancy

Fongo Home Phone and Fongo Internet accounts are never considered dormant.

Fongo Mobile, Fongo World Edition and FreePhoneLine accounts with active, paid-for subscriptions will not be considered dormant. Accounts with no active subscriptions are subject to the following dormant account policy:

• If you have a World Calling Credit balance, on the 68th day of inactivity, World Calling Credits will expire at a rate of $1.25 every 30 days until your World Calling Credit balance reaches zero
• If you have no remaining World Calling Credits, when your account reaches 120 days of inactivity, your account is subject to automatic deletion, unless your Fongo number was originally transferred (ported) in from another carrier. This extends the automatic deletion date from 120 days of inactivity to 5 years (1827 days)

Fongo Works account will be deleted after 180 days of inactivity (no incoming or outgoing calls), but only if ALL of the following criteria are met:

• The account is over 1 year old
• The account has no calling credit balance
• The account has no active monthly subscriptions
  • Pro membership
  • Pro devices
  • Additional phone numbers

If your Fongo Works account meets any of the above criteria, the account will remain active. To keep your account active, simply call your Fongo Works phone number every so often.

10. PRIVACY

Fongo respects the Customer’s privacy and will protect Customer’s privacy and personal information in accordance with Fongo’s Privacy Policy which can be found at www.fongo.com/legal/privacy/. Fongo will never share your contact information with any external companies, nor will you ever receive marketing material regarding other companies that are not directly affiliated, from Fongo.

11. COMMUNICATIONS/MARKETING

By using Fongo’s services, you agree to be sent communications from Fongo regarding service updates, new services, and any promotional communications. You can unsubscribe here from Fongo’s promotional emails and messages sent through the Fongo Mobile and World Edition apps. When subscribed to an ad-removal upgrade on Fongo Mobile, you will be excluded from marketing communications.

In the event that a Customer filters-out emails from noreply@fongo.com in his/her email settings, or for any other reason, Fongo will not be responsible for issues that arise from the Customer missing communication(s) from Fongo.

12. ORDER OF PREFERENCE

This Fongo Schedule forms part of the Fongo Master Services Agreement. In the event of conflict between this Schedule and the Fongo Master Services Agreement, the terms and conditions of this Schedule shall prevail to the extent of the conflict.

Fongo Master Services Agreement
This Master Services Agreement is entered into between Fongo Inc., a company incorporated under the Federal laws of Canada and having its principal office at 200 Bathurst Dr., Waterloo, ON N2V 2L7, (“Fongo”), and the customer as defined in a Schedule forming part of this Agreement (which may be referred to as “You” or “Customer”).
1. Services
1.1		The Customer agrees to subscribe to the services (“Services”) offered by Fongo in accordance with the terms and conditions set out and/or referenced in this Master Services Agreement (the “Agreement”) and the applicable Schedule(s).
2. FONGO Facilities
2.1		Fongo is the owner of all right, title and interest in all networks, equipment and software provided by Fongo (the “Fongo Facilities”) or has obtained the right to make the Fongo Facilities available for use by the Customer from a third party and the Customer shall have no rights therein.
2.2		It is the Customer’s responsibility to provide, prepare and maintain the Customer’s locations, facilities and equipment for the installation of Fongo Facilities in order for Fongo to provide the Services to the Customer. Such provision, preparation and maintenance shall comply with Fongo’s specifications and shall be at the Customer’s expense.
2.3		In the event that the Customer fails to provide, prepare or maintain the equipment or network for the installation of Fongo Facilities or any Fongo Services, Fongo shall not be liable for any resulting delay in commencing the Services or any service interruption and related damages.
2.4		The Customer shall not, without Fongo’s written consent and then subject to such conditions as Fongo may require, make any alternation, addition or repair to Fongo Facilities.
2.5		The terms and conditions related to any Service shall be specified in the Schedule.
3. Resale and Restrictions on Use
3.1		The Customer shall not resell the Services, or otherwise make the Services available to third parties for value.
3.2		The Customer shall ensure that anyone allowed by Customer to use the Service (collectively, the “End Users”) comply with the terms of this Agreement, the applicable Schedules and Fongo’s Acceptable Use Policy which can be found at www.fongo.com/legal/acceptable-use/. The Customer shall be responsible for the End Users’ use of the Services and the content of End User information passing through the Services to the same extent as the Customer would be liable hereunder.
3.3		The Customer will not, nor will it permit others or assist others to, tamper with, alter or rearrange the Services or the Fongo Facilities required to provide the Services, or otherwise abuse or fraudulently use the Services, including, without limitation, using the Services:
		a) in any manner which interferes with the Fongo Facilities or access thereto by other persons;
		b) contrary to reasonable instructions communicated to the Customer by Fongo;
		c) for any purpose or in any manner, directly or indirectly, in violation of applicable laws or in violation of any third party rights; or
		d) in a manner to avoid the payment of charges for Services that are not provided to the Customer on a no-fee basis.
3.4		Notwithstanding anything to the contrary herein, if in Fongo’s sole judgment, the Customer or the End Users violate this Article, and such violation or failure to comply poses an immediate threat of harm to or destruction of Fongo Facilities or Services, violates existing law or regulation, or puts Fongo Facilities or Services at risk with its providers of network services or other customers, Fongo shall have the right to immediately take any and all steps reasonably necessary to remove such threat, including but not limited to suspension or termination of the Services immediately and without notice.
3.5		The Customer shall indemnify and hold harmless Fongo for illegal activities caused by the Customer and End Users using Fongo Facilities and/or Services. Fongo shall not: (a) have any obligation or liability to the Customer or any third party for any unlawful or improper use of the Services by Customer or an End User; nor (b) have any duty or obligation to exercise control over the use or the content of information passing through the Services.
4. Inspection and Maintenance
4.1		Fongo may, from time to time and without notice to the Customer, upgrade, maintain, or migrate the Services or the Fongo Facilities.
4.2		In the event Fongo determines that it is necessary to interrupt the Services or that there is a potential for Services to be interrupted for the performance of system maintenance, Fongo will use reasonable commercial efforts to notify the Customer prior to such interruption. Fongo will use reasonable commercial efforts to schedule system maintenance during non-peak hours (midnight to 6 a.m. local time). In no event shall interruption for system or emergency maintenance constitute a failure of performance by Fongo.
5. Customer responsibility
5.1		The Customer shall be solely responsible for the following:
		a) Maintaining the security and privacy of the Customer’s property and Customer’s transmissions using the Services, or the Fongo Facilities; and
		b) Protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services or the Fongo Facilities.
6. Ownership
6.1		The Customer does not have property rights in dial numbers and in some cases “IP” numbers or domain names assigned to them. Fongo may change such numbers or domain names assigned to the Customer provided that Fongo is requested to do so by a legal or regulatory authority, including without limitation, the Canadian Radio-television and Telecommunications Commission (CRTC), the Federal Communications Commission (FCC) or a court order, and provided that Fongo promptly notifies the Customer of any such action.
6.2		Any software and accompanying documentation provided by Fongo to the Customer remains the property of Fongo or its licensors. The Customer shall take reasonable steps to protect such software or documentation from theft, loss or damage. The Customer must review and agree to any applicable end user license agreement (provided separately or in a Service Schedule) before installing or using the software or documentation. Unless otherwise provided in the applicable end use license agreement, all software licenses will terminate upon termination of this Agreement.
7. No Warranty
7.1		FONGO DOES NOT GUARANTEE ERROR-FREE OR UNINTERRUPTED OPERATION OF THE SERVICES NOR SHALL IT BE LIABLE FOR ANY FAILURE, BREAKDOWN, INTERRUPTION OR DEGRADATION IN A SERVICE OR IN THE NETWORK OR ANY OTHER NETWORK OR CONNECTION INVOLVED IN THE PROVISION OR USE OF SERVICES WHATEVER THE CAUSE OF SUCH FAILURE, BREAKDOWN, DEGRADATION OR INTERRUPTION AND HOWEVER LONG IT LASTS. NEITHER FONGO NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS OR REPRESENTATIVES MAKES ANY WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF ANY NATURE WHATSOEVER REGARDING ANY SERVICE, PRODUCT OR FONGO FACILITIES PROVIDED BY FONGO TO THE CUSTOMER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO: (I) FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY WITH RESPECT TO THE SERVICES; (II) NETWORK TRANSMISSION CAPACITY; (III) THE SECURITY OF ANY TRANSACTION; (IV) THE FAULT TOLERANCE OF THE SERVICES OR THE SUITABILITY OF SAME FOR HIGH RISK ACTIVITIES; OR (V) THE RELIABILITY OR COMPATIBILITY OF THE FONGO FACILITIES AND EQUIPMENT OR SOFTWARE OF THIRD PARTIES WHICH MAY BE UTILIZED BY FONGO IN PROVIDING, OR BY THE CUSTOMER IN USING, THE SERVICES, AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED. THE CUSTOMER ACKNOWLEDGES THAT IS HAS NOT RELIED UPON ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE MADE BY FONGO.
8. Limitation of Liability
8.1		For the purposes of this Article 8 and Articles 9 and 10, “Fongo” shall include Fongo, any affiliated or subsidiary companies of Fongo, and the directors, officers, employees, consultants, contractors and agents of all of them.
8.2		Except with regard to direct damages to real or tangible personal property, or for bodily injury or death proximately caused by Fongo’s negligence, Fongo’s entire liability to the Customer, the End Users or any third party in connection with the Services(s) and Fongo Facilities or the provision or non-provision thereof is limited to the Customer’s proven direct damages, such amount not to exceed per claim (or in the aggregate during any three (3) month period) the amount paid by the Customer for one month of the affected Service(s) (such amount to be based on average monthly charges paid by the Customer over the six (6) months prior to the month in which the damages were incurred or the length of the Agreement, whichever is less).
8.3		Without limiting the generality of the foregoing, Fongo shall not be liable for:
		a) defamation or copyright or trademark infringement or the violation of any third party rights arising from the use of the Services or material transmitted or received over Fongo’s network;
		b) infringement of patents arising from combining or using Customer or End User equipment with the Services or Fongo Facilities;
		c) any act or omission of any connecting carrier, underlying carrier, local exchange telephone company, local access provider, or acts or omissions of any other providers of connections, facilities (including equipment), or service other than Fongo’s, which are used by Fongo, the Customer or the End Users under this Agreement;
		d) delays with respect to the installation of Services or the transfer of existing Services;
		e) capacity shortages not directly caused by Fongo;
		f) any unauthorized use of the Services;
		g) Service interruptions, errors, delays or defects in transmission or failure to transmit caused by power fluctuations or power failure at the Customer’s or the End Users’ location(s);
		h) Service interruptions, errors, delays or defects in transmission or failure to transmit caused by Fongo in the performance of system or emergency maintenance under Section 4.2 hereof; or
		i) Service interruptions, errors, delays or defects in transmission or failure to transmit caused by an act of God, fortuitous event, war, insurrection, riot, strike, walkout, lockout or other labour unrest affecting Fongo or its suppliers, storm, fire, flood, explosion, lightning, government restraint, delays in producing supplies, shortages of suitable labour, equipment or materials, power shortages or interruptions or any other event beyond the reasonable control of Fongo.
8.4		UNDER NO CIRCUMSTANCES SHALL FONGO BE LIABLE FOR ANY LOSS, COST, CLAIM OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, LOST SAVINGS, LOST PROFITS, DAMAGES FOR HARM TO BUSINESS, ANTICIPATED REVENUE OR LOST REVENUE OR THE LOSS OF ANY DATA/INFORMATION) SUFFERED OR INCURRED BY THE CUSTOMER OR ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TO THE END USERS) AND ARISING OUT OF ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE SERVICES OR OUT OF ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SERVICES WHETHER OR NOT FONGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.5		Fongo will not be liable for any damages arising out of or relating to: equipment, software, applications, services or content provided by the Customer, the End Users or third parties; unauthorized access to or theft, alteration, loss or destruction of the Customer’s, the End User’s or third parties’ applications, content, data, programs, information, network or systems by any means (including without limitation viruses); or any act, omission or failure of the Customer.
8.6		In no event shall Fongo be liable for the use of the Services by the Customer, the End Users or any third party for unlawful or illegal purposes.
8.7		These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability, or tort, including without limitation negligence of any kind, whether active or passive, or any combination thereof, and shall survive failure of an exclusive remedy.
9. Liability of the Customer
9.1		For the purposes of this Article and Articles 10 and 12, “Customer” shall include the Customer and any affiliated or subsidiary companies of the Customer, and the directors, officers, employees, consultants, contractors and agents of all of them.
9.2		The Customer shall be liable to Fongo for all damages caused to real or tangible personal property, or for bodily injury or death caused by the Customer or an End User.
9.3		UNDER NO CIRCUMSTANCES SHALL THE CUSTOMER BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES, INCLUDING DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT CUSTOMER HAS BEEN ADVISED OF SUCH DAMAGES.
10. Indemnity
10.1		The Customer shall defend, indemnify and hold harmless Fongo from and against all damages, liabilities, obligations, losses, injuries, claims, demands, penalties, costs and expenses (including reasonable legal fees and disbursements) arising from any and all claims by any person, including without limitation any End User, based on: the content of any transmissions by the Customer or any End User using the Services; the use of the Service by the Customer or any End User, including without limitation, in contravention of the restrictions outlined in Article 43 or the Fongo Acceptable Use Policy found at www.fongo.com/legal/acceptable-use/; the Customer’s or a End User’s facilities or connections provided by the Customer or a End User; or the breach by the Customer or any End User of any term, condition or warranty of the Agreement.
11. Confidentiality of Information Subject to Privacy Policy
11.1		Unless the Customer provides express consent or disclosure is required pursuant to a legal power, all information kept by Fongo regarding the Customer, other than the Customer’s name, address, and listed telephone number, is confidential and may not be disclosed by Fongo to anyone other than
		a) the Customer;
		b) a person who, in the reasonable judgment of Fongo, is seeking the information as an agent of the Customer;
		c) another telephone company, provided the information is required for the efficient and cost-effective provision of telecommunication service and disclosure is made on a confidential basis with the information to be used only for that purpose;
		d) a company involved in supplying the Customer with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose;
		e) a law enforcement agency whenever Fongo has reasonable grounds to believe that the Customer has supplied false or misleading information or is otherwise involved in unlawful activities;
		f) a public authority or agent of a public authority, for emergency public alerting purposes, if a public authority has determined that there is an imminent or unfolding danger that threatens the life, health or security of an individual and that the danger could be avoided or minimized by disclosure of information; or
		g) an affiliate of Fongo involved in supplying the Customer with telecommunications and/or broadcasting services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose.
11.2		For further information about how a Customer’s personal information is treated, please see the Fongo Privacy Policy at www.fongo.com/legal/privacy/.
12. Dispute Resolution
12.1		Prior to initiating arbitration, the parties shall first use good faith efforts to resolve any dispute informally and confidentially. If a dispute cannot be resolved or settled informally, it shall be settled and determined by arbitration pursuant to the laws of Ontario. Either party may at any time given written notice to the other of its desire to submit the dispute to arbitration stating with reasonable particularity the subject matter of the dispute. Within five (5) business days after receipt of such notice, the parties shall appoint a single arbitrator to arbitrate the dispute. If the parties are unable to agree upon an arbitrator, the parties shall apply to a court of competent jurisdiction to appoint an arbitrator and the parties agree to be bound by such appointment. The costs of the arbitration shall be paid as determined by the arbitrator. The award of the arbitrator shall be final and binding upon the parties.
13. General
13.1		Force Majeure. Fongo will not be liable to the Customer by reason of any failure in performance under this Agreement (other than a failure to pay money) if such failure arises out of causes beyond the reasonable control of Fongo, provided Fongo makes reasonable efforts to limit or remedy such effect. Such causes may include, but are not limited to, acts of God, acts of the public enemy, acts of civil or military authority, fires, strikes, unavailability of energy source, delay in transportation, riots or war.
13.2		Notice. Any communication required to be given under this Agreement must be given in writing and either delivered personally, or sent by prepaid registered post, overnight and/or express courier, or facsimile or other electronic communication to the person at the relevant address detailed as follows:
		Fongo Inc.
		200 Bathurst Dr. Waterloo, ON N2V 2L7 Fax No.: 519-772-5014 Email: talkfreely@fongo.com
		Any notice or other communication is deemed to be received:
		a) if delivered personally or by overnight and/or express courier, on delivery;
		b) if sent by prepaid registered post, five (5) business days after the date of posting unless actually received earlier;
		c) by facsimile or electronic communication, the day following transmission.
13.3		Governing Law. This Agreement shall be governed by the laws of Ontario and the laws of Canada applicable therein, without reference to its principles of conflict of laws, and the parties shall attorn to the jurisdiction of the Courts of Ontario for all matters arising under this Agreement.
13.4		Entire Agreement. This Agreement together with all schedules attached hereto from time to time contains the entire contractual arrangements between the parties with respect to the subject matter of this Agreement and supersedes all other communications, negotiations, correspondence, arrangements, understandings, or representations, oral or written, between the parties relating to same.
13.5		Severability. Any provision of this Agreement that is unenforceable at law will be ineffective to the extent of such unenforceability without invalidating the remaining provisions of this Agreement. It is the intention of the parties that any provision found to be illegal or unenforceable should not be terminated but should be amended to the extent necessary to render it valid and enforceable.
13.6		Waiver. No failure by Fongo to exercise any right under this Agreement or to insist upon full compliance by the Customer with its obligations under this Agreement will constitute a waiver of any provision of this Agreement.
13.7		Order of Preference. In the event of conflict between this Agreement and any other Schedule attached hereto by reference, the terms and conditions of the applicable Schedule will prevail to the extent of the conflict.
14. Modifications
		The terms of this Agreement or the Schedules, including fees, charges, features, content or any other aspects of a Service, may change at any time and without prior notice. The Customer is responsible for frequently reviewing this Agreement and the Schedule posted on Fongo’s web site to obtain timely notice of any such changes.
15. Contacts and Questions?
		If you have any questions about this Agreement, please e-mail Fongo at talkfreely@fongo.com.

Intellectual Property Notices
Copyright © 2013 Fongo Inc. operating as Fongo at 200 Bathurst Dr., Waterloo, ON N2V 2L7. All rights reserved.

This Site, the Service and all information and content, images, icons, software, design, applications and other elements available on or through the Site and provided in connection with the Service are the property of Fongo Inc. and its affiliates, and are protected by Canadian and international copyright, trade-mark, and other laws. The Customer’s use of the Site and the Service does not transfer to the Customer any ownership or other rights in the Site or its content or the Service.

“Fongo”, together with all associated graphics, logos, and slogans, are trade-marks of Fongo Inc., and may not be used or reproduced without Fongo Inc.’s express prior written permission.

Other product and company names and logos appearing on the Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos (collectively “Marks”) displayed on the Site is strictly prohibited. Nothing appearing on the Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Site.

Complaints

Commissioner for Complaints for Telecommunications Services (CCTS)

Commission for Complaints for Telecom-television Services (CCTS) CCTS is an independent agency whose mandate is to resolve complaints of consumers about their telecom, and complaints of small business customers about their telecom services, free of charge. If you have a complaint about your telephone, wireless, or internet, you must first try to resolve it directly with your service provider. If you have done so and have been unable to reach a satisfactory resolution, CCTS may be able to help you. To learn more about CCTS, you may visit its website at www.ccts-cprst.ca or call toll-free at 1-888-221-1687.