Terms and Conditions

By signing this Agreement or using the Services, you represent that you have read and fully under the Terms and Conditions of this Agreement and agree that the Terms and Conditions becomes a legally binding contract between you and G3 Telecom. In addition to the representations, warranties and agreements you make under these Terms and Conditions, you specifically agree that you are authorized to sign for and bind the Customer named herein. You confirm that the information that you have provided to G3 Telecom is true to the best of your knowledge.

1. Definitions

"Services" are any and all of the Small Business PBX, Corporate PBX and Virtual PBX services and related product offerings provided by G3 Telecom Inc. "G3". "You" means the subscriber to any Services including any person, firm, corporation or other entity that utilizes the Services. "Equipment" means the equipment provided to you by G3 for the purpose of providing and facilitating the Services.

2. Term and Termination

Service is offered for the contract term indicated on the Service Agreement and ends on the same date as the service was activated or installed. Subsequent terms of this Agreement will automatically renew for the same term as the initial agreement, unless you give us written notice of your intent not to renew at least one month prior to the end of your term.
If You attempt to disconnect Service prior to the end of the designated service term, you will be responsible for charges equivalent to the balance of the service term, including, without limitation, unbilled charges, plus a disconnection fee, if applicable, all of which becomes immediately due and payable.

3. Use of Services and Responsibility for Charges

Lawful Use: You may use the Services and Equipment for any purpose, provided that you do so in compliance with all applicable laws and regulatory requirements in Canada or the law governing the locality where You are using the Equipment. G3 in its sole discretion reserves the right to terminate the Service immediately and without advance notice if G3, in its sole discretion, believes that You have violate this clause. You are responsible for paying all charges for the Services, including all monthly fees, and related services made via your telephones or telecommunications systems. If you subscribe to other Services offered by G3 you will be governed by the Terms and Conditions for that specific Service.
Fair Use Policy: We reserve the right to review usage of our unlimited calling offers to ensure customers are not abusing such plans. You agree to use our Service Plans for normal voice or fax calls and will not employ methods or devices to take advantage of them by using the voice or fax services excessively or for means not intended by G3 Telecom. We may terminate service immediately if, G3 in its sole discretion, you are abusing the unlimited calling offer. IF YOUR USAGE EXCEEDS MORE THAN THREE (3) TIMES THE AVERAGE LEVEL OF USAGE OF G3'S YOU WILL BE IN VIOLATION OF G3'S FAIR USE POLICY. For purposes of this policy and your plan, "unlimited usage" means the combined number of inbound and outbound voice minutes and faxing. We reserve the right to at anytime enforce this policy in accordance with its terms. IN NO EVENT SHALL YOU EXCEED THE COMBINED USAGE OF 500 FAX PAGES IN ANY THIRTY (30) DAY PERIOD. IN NO EVENT SHALL YOU EXCEED THE COMBINED voice USAGE OF 5,000 minutes IN ANY THIRTY (30) DAY PERIOD. In the event you have violated this policy, you will automatically be charged per minute of use in excess of the fair usage limit AT THE THEN-CURRENT RATE ESTABLISHED BY G3, which is currently $0.05 per minute and G3's option your service may be immediately terminated. THIS OVERAGE FEE APPLIES TO ALL PLANS with outbound calling capability.
Theft of Service: You shall not use the Service in a manner calculated to avoid G3 policies and procedures. You shall not obtain or use the services in an improper manner. You shall notify us immediately in writing or by calling our customer support line, if the device has is stolen or if you become aware at any time that your service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write you must provide your account number and a detailed description of the device theft, fraudulent use or unauthorized use of the service. Failure to do so in a timely manner may result in the disconnection of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the service using a device stolen from you and any and all stolen, fraudulent or unauthorized use of the service. G3 Telecom reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.

4. Equipment

Where required, G3 will provide and install equipment, devices and facilities including cabling to provide you with services. You agree that the equipment along with any North American Numbering Plan numbers and/or IP addresses will remain the property of G3 at all times and that you have no property right, title or interest except for its use under this service. Further you will not change, reset, or tamper with this Equipment. For any violation of this clause G3 reserves the right to terminate your Service immediately and bill you for any charges owing on your account, in addition to any early contract termination penalties.

G3 is not liable for its failure, for any reason, to activate any Services on the activation date you requested; G3 provides the Services to you as an independent contractor. The employees or agents of other participating carriers are not and shall not be deemed to be agents or employees of G3. There is no express or implied warranty or condition, whether of merchantability, fitness for a particular purpose, or otherwise, with respect to any Services, product or equipment provided to you by G3. In subscribing for the Services, you obtain no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the Services.

5. Access to Facilities

You agree to provide G3 and/or its agents access to your premises, including power and support, at G3's reasonable request to make such installations, service, inspections, tests and adjustments as required for the provision of the services. You agree to provide access to your premises in order for G3 to repossess or remove any and all equipment or facilities it has provided to you for the provision of services.

6. Charges and Payment Charges

Charges will commence as of the activation date for the applicable Services and are payable monthly in advance. G3 will take payment on Your account based on the approved method of payment set up by you with G3. An administrative fee will be charged to any payment returned for non-sufficient funds ("NSF"). You are responsible for payment to G3 of charge(s) for Service(s) and Equipment furnished to you. G3 will send statements as per the billing option indicated on the service agreement. You must bring inquiries and disputes regarding charges to G3's attention within 45 days of the charge date or you will be deemed to have accepted the charge as accurate in all respects. Where your Services are cancelled, either by you or by G3, and there is an undisputed credit balance on your account, you may, between the 60th and 180th day after cancellation, require that it be applied to any ongoing or new Services provided to you within 180 days of the cancellation, or that it be refunded to you. If you do not claim your credit balance within the 180 day period, it shall become the property of G3, and any account credits provided by G3 will expire. G3 reserves the right to charge a reasonable processing fee in connection with issuing refunds.
The amount of fees and charges applicable to services will be published at g3pbx.com and may change from time to time at our sole discretion. Notification of monthly invoices will be sent to you via the method identified on the service agreement. We reserve the right to bill at more frequent intervals if the amount you owe to us in at any time exceeds $50. Any usage charges will be billed in increments that are rounded to the nearest minute, except as otherwise set forth in the rate schedules found on our website.

7. Credit

G3 reserves the right to examine your credit record and to require a deposit or other security, including payment by credit card, before it provides, continues, or reinstates Services to you. By subscribing to the Services, you authorize G3 to investigate your creditworthiness and agree, from time to time, to provide appropriate authorizations and financial information as G3 may reasonably request for this purpose.

8. 911 Limitations

Small Business PBX and Corporate PBX are VoIP services that operate and function differently than traditional voice services. . You acknowledge and understand that the Service operates and functions differently than traditional Telephone Services. There are Important differences between your regular land line Telephone service and the Service offering as set out in these Terms and Conditions.
Basic 911 Service is offered to Small Business PBX and Corporate PBX customers in the "Area of Service." The "Area of Service" is defined as all locations where G3's local access numbers are provided in Canada.
When you dial 911 from your Small Business PBX or Corporate PBX phone you will be transferred to an operator for assistance. The operator will have your municipal address on file as per our records and direct your call to the local authorities based on your municipal address. You may be required to verbally provide the operator with your location, so that the operator can route the call to the appropriate 911 response centre. If your municipal address is not in the Area of Service, 911 service may not operate properly and/or may not be able to help you.
It is your responsibility to ensure we have your correct municipal address and if you move or change your municipal address to update your correct address by logging into your account on our website. If you are traveling with your Small Business PBX or Corporate PBX device, 911 service may not operate properly or may not be able to help you. From you regular landline phone when you dial 911, the operator knows your physical location and can send the authorities based on the location of the physical phone line. This may not the case with the Small Business PBX or Corporate PBX phone service. Small Business PBX and Corporate PBX customers can have service outages due to problems with their Internet Service Provider (ISP), Power failure, suspension of account due to billing or payment issues, and intermittent network failure. If there is a service outage, 911 service will not be functional. For these reasons it is advisable to have an uninterruptible power supply (UPS) for the VoIP equipment or a traditional wire line for 911 calls.
YOU ACKNOWLEDGE AND AGREE THAT G3 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 911 SERVICE RELATED TO SMALL BUSINESS PBX OR CORPORATE PBX AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS G3 (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 YOU MAY SUFFER OR INCUR, ARISING DIRECTLY OR INDIRECTLY OUT OF OR RELATING TO YOUR FAILURE TO OBTAIN.

9. Service Limitations

Receiving collect calls, casual calling, 1-976 and 1-900 calls are currently not available for this Service.
Your direct dialed long distance calls will be carried on G3's long distance service at the rate plan selected as part of your service package.
Services to enable collect and calling card calls made from your business VoIP phone will be provided by a third party provider, that will be solely responsible for rates and billing.

10. G3's Right to Refuse to Provide Services

G3 may at its sole discretion refuse to provide Services to you without notice and without any direct or indirect liability where: G3 has reason to believe the account will be use for fraud or illegal purposes.

11. Service Interruption

G3 may interrupt your Services at any time for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons as may be required.

12. G3's Liability

G3 does not guarantee uninterrupted operation of the Services, or of its equipment, facilities, connections or network. G3's liability for negligence, breach of contract, tort or other causes of action, or any loss, omissions, delays, errors, defects or failures in the Services, equipment or facilities, or for any other action or inaction of G3, is limited to a refund of charges for the affected Services proportionate to the length of time the problem existed, upon request. Under no circumstances shall G3 be liable for any indirect, special, consequential, exemplary or punitive damages whatsoever, including any interruption of business or lost profits, even if such damages were reasonably foreseeable.
G3 is not liable for:
1. any disruption or unavailability of the Services;
2. any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or service);
3. your conduct, acts or omissions, or the operation or failure of your equipment or facilities;
4. any event beyond the reasonable control of G3 including acts of God, inclement weather including lightning, labor disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction; or
5. its failure, for any reason, to activate any Services on the activation date you requested; G3 provides the Services to you as an independent contractor. The employees or agents of other participating carriers are not and shall not be deemed to be agents or employees of G3. There is no express or implied warranty or condition, whether of merchantability, fitness for a particular purpose, or otherwise, with respect to any Services, product or equipment provided to you by G3. In subscribing for the Services, you obtain no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the Services.

13. Your Liability

You agree to indemnify and hold harmless G3 against all claims, including fees and expenses of counsel, resulting from your use (or the use by others with your explicit or implicit consent) of the Services, your codes, facilities or equipment, which causes direct or indirect damage or harm to another party or to the property of another. You must not use, in any manner or circumstances whatsoever, G3's, trade-marks, trade names, logos or designs, and you have no authority to act on behalf of any of these companies.
For musical and messages provided by G3's "music on hold" service provided as part of its Services, G3 will ensure that any copyright royalties payable under tariff of the Copyright Board of Canada in respect of the public performance of musical works or of published sound recordings are payable as applicable to any recording rights association, including Society of Composers, Authors and Music Publishers of Canada ("SOCAN) and the Neighboring Rights Collective of Canada ("NRCC") in relation to the supply of "music on hold".
If you choose not to provide your own "music on hold" and if your use of music is not otherwise expressly covered by a tariff of specific application approved by the Copyright Board of Canada, then payment of any copyright royalties in respect of the public performance of musical works or of published sound recordings of musical works that are payable to SOCAN and the NRCC in relation to the supply of music on hold, will be your responsibility.

You agree to indemnify and hold harmless G3 against all claims, including fees and expenses of counsel, resulting from your use (or the use by others with your explicit or implicit consent) of the Services, your codes, facilities or equipment, which causes direct or indirect damage or harm to another party or to the property of another. You must not use, in any manner or circumstances whatsoever, G3's, trade-marks, trade names, logos or designs, and you have no authority to act on behalf of any of these companies.

14. Suspension or Termination of Services by G3

Without incurring any liability whatsoever, G3 may immediately suspend or terminate any or all of the Services where you:

fail to pay an account that is past due, or you provide payment which is NSF or payment by cheque which is not honored by your bank;
fail to meet G3's credit requirements, or you become bankrupt or otherwise insolvent;
violate any provision of these General Terms of Service;
use or permit others to use any of the Services for a purpose or in a manner that is contrary to law (including decisions, rules or orders of the CRTC); or for the purpose of making harassing, threatening, abusive, annoying or offensive calls;
charge or allow others to charge any other person for the use of the Services without G3's prior written agreement;
harass, threaten or otherwise act unreasonably towards G3, its employees or agents, or in relation to the Services, including without limitation, by making numerous unwarranted requests for credits;
alter or otherwise interfere with G3's facilities or equipment, or fail to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the Services, or G3's equipment, facilities or network;
fail to provide payment for other accounts with G3; or
suspended or terminated by G3 without it incurring any liability whatsoever:
1. immediately upon Your filing of a bankruptcy petition or similar proceeding under the laws of any jurisdiction, or upon You becoming insolvent or making any assignment for the benefit of creditors, or upon the dissolution, liquidation, or appointment of a receiver of Your property or where any law prohibits G3 from providing services;
2. upon providing your forty-eight (48) hours notice where possible, where you use or are reasonably suspected by G3 of using the services in a fraudulent or illegal manner, or you fail to meet G3's credit requirements, or you fail to make full payment of your invoice.
Services Terminated by Subscriber. Number Portability: Upon Service disconnection, we may, in our sole and absolute discretion, subject to applicable law, release to your new service provider the telephone number that you ported to us from your previous service provider and used in connection with your Service if:
1. Such new service provider is able to accept such number(s);
2. Your account has been properly terminated;
3. Your account is completely current, including payment for all charges and applicable disconnection fees; and
4. You request the transfer upon disconnecting your account, and take the steps necessary to initiate a number port request with your new service provider.

15. Your Right to Cancel

G3 permits you to cancel your Services at any time by contacting G3's Customer Service. You will be responsible for all charges incurred up to the effective cancellation date, which may be later than the requested cancellation date due to administrative requirements. Further if you have entered into a term with G3 for Your Services other than a monthly term, further charges may apply, see paragraph (6) above.

16. Changes, Modifications or Termination of Plans or Plan Features

Without incurring liability, G3 may at any time and without notice to you, change, modify or terminate any plan or plan features, in whole or in part (including the rates or charges). In the event of any such change or modification, you will be responsible for paying all charges incurred for the use of such Services despite the change or modification, both before and after the date thereof. In the event of a termination of a plan or plan feature, you will be responsible for paying all charges incurred up to the applicable termination date.

17. Customer Confidentiality

Unless you consent in writing, or disclosure is pursuant to a legal power, all information kept by G3 about you, other than your name, address and telephone number, is confidential and may not be disclosed by G3 to anyone other than:

to you;
a person who, in the reasonable judgment of G3, is seeking the information as your agent;
another company involved in supplying the Services provided the information is required for the efficient and cost-effective provision of Services and disclosure is made on a confidential basis with the information to be used only for that purpose;
disclosure pursuant to a requirement or request of a government agency, subpoena or other legal proceeding, or disclosure required bylaw.

18. Privacy

G3's privacy policy affirms its customer commitment to maintain confidentiality, security, accuracy and privacy of customer personal information that G3 collects and uses to provide telecommunications services. Disclosure of customer information may be disclosed only pursuant to these General Terms of Service.

19. Customer Service

You may contact our Customer Service for information, inquiries or concerns regarding the Services, or other G3 services or products, your account or any other matter relating to G3, seven days a week, at 416-499-2121 or 1-888-556-5849. You may also write to G3 at:

G3 Business Services
1039 McNicoll Avenue
Toronto, Ontario M1W 3W6

20. General Terms of Service

These General Terms of Service are binding upon you and on G3 and are subject to change from time to time. You cannot assign or transfer your rights or obligations under these General Terms of Service without G3's prior written consent. These General Terms of Service shall be governed by the laws of the province of Ontario. These General Terms of Service are available in French at your request. Les présentes Conditions générales sont disponibles en français sur demande.