General Terms and Agreement of Services

IVC COMMUNICATIONS INC. GENERAL TERMS and AGREEMENT OF SERVICES

The following are the terms & conditions between the IVC Communications Inc. and its customers using the IVC services including High-speed internet, home phone, cell phone, home security, IPTV services and other related products or services. This agreement governs your use of IVC services for the residential use only, if there is any inconsistency between these terms and any other documents describing the IVC plans, features, services or products, then these terms will prevail over them.

1. SERVICES

1.1 VoIP (Voice over IP) Home Phone Services

1.1.1 Non-Availability of Traditional 911 or VoIP 9-1-1 Dialing Service

IVC offers VoIP service which is a form of a 911 dialing service similar to the traditional 911 service. There are some important differences and limitations between both services, when compares with the enhanced 911 dialing service (VoIP 911) that is available in most of the locations in conjunction with the traditional telephone service. Both traditional 911 service and VoIP 911 dialing service direct your call to the nearest emergency response centre, and your call back number and address will also be visible to the emergency response centre caller. The VoIP phone’s 911 dialing service also directs your call to a national emergency call centre and authorizes us to disclose your name and address to the third-parties involved in providing the 911 dialing services, as the call centre operators need to confirm your location information to transfer your 911 call to the emergency response centre.

1.1.2 Registration of Physical Location Required

Each phone line that you utilize with the service needs to be registered with IVC for the physical location. Your initial location will be registered as a part of your subscriptions to the services. It is your obligation to confirm the accuracy of your address information via your online MyIVC account , and you can also make changes, add or transfer your information for your phone number through MyIVC account or you can contact our customer support. When you change your address or wish to change the location of your services and the device, then it is necessary that you update your location. If you do not update your location then the 911 calls you made will be sent to an emergency centre near your old address instead of the new address. For the 911 calls, you can only register one location at a time for each phone line, and regardless of what address you register for a portable device, the emergency calls you make from these devices will be routed to the IVC national emergency response centre.

1.1.3 Home Phone Service Outages

1.1.3.1 Service Outage Due to Power Failure or Disruption

911 dialing will not function in the event of a power failure or disruption. If there is an interruption in the power supply, all services including the 911 dialing will not function until the power is restored. Following the power failure or disruption, you may need to restart your device before you start using the service.

1.1.3.2 Service Outages

Service Outages can be caused by either an internet outage or by the suspension/disconnection of the broadband services or the internet service provider (ISP) services. Even the ports blocked by broadband providers can cause service outage. All situations mentioned above will prevent the services to function including the 911 dialing.

1.1.3.3 Service Outage Due to the Disconnection of Your IVC Account

Service outages due to account disconnections will prevent all the services from functioning including the 911 dialing services.

1.1.3.4 Other Service Outages

Service outages caused by other reasons will prevent services from functioning including the 911 dialing services. Such outages may occur for a variety of reasons, which are mentioned above in this agreement.

1.1.4 Network Congestion

Network congestion can cause speed reduction in routing or 911 calls while using the IVC services compared to the traditional 911 dialing over public phone networks.

1.1.5 Disclaimer of Liability and Indemnification

IVC has no control over the conversation during the 911 calls made by using the IVC service as it will depend on the local emergency response centre. IVC is not responsible for the conduct of the local emergency centres and the national emergency centre as we rely on the third parties to assist in routing 911 calls to the emergency response centres. Neither IVC nor any of its' employees or staff will be held liable for any claims, damage or loss related to the 911 dialing service unless such claims or cause came from our negligence or any willful misconduct.

1.1.6 Alternate 911 Arrangements

If you are not comfortable with any of the limitations for the 911 dialing services, you should consider having an alternate means of accessing traditional 911 services or disconnecting our services.

1.1.7 Unlimited Calling

IVC also provides unlimited calling plans from time to time, however, a maximum cap will be set up for the unlimited calling plans to prevent malicious use of the IVC services. If any excessive or malicious usage is detected, IVC may suspend the service without any notice.

1.2 High Speed internet Service

1.2.1 Definition

IVC high-speed internet includes but not limited to: local loop rented from third party such as DSL (Digital Subscriber Loop), FTTN (Fiber to the Node), FTTP (Fiber to the Premises), Cable and also IVC’s own fiber network as FTTB (Fiber to the Building), FTTC (Fiber to the City) and FWA (Fixed Wireless Access) internet.

1.2.2 Best Effort

IVC residential internet services will be delivered to the end users in the best effort.

1.2.3 Maximum Internet Speed

IVC always tries to provide the fastest possible internet speed by upgrading the IVC network and equipment regularly. We do not guarantee the maximum speed for the internet as it depends on many uncontrollable factors such as distance from CO to the customer site, customer home network condition, network equipment like Wi-Fi router, time of the day, physical line condition, etc.

To measure the speed properly, it is recommended to connect your device to the modem directly using the wired cable and make sure to pause all ongoing downloading, P2P software, windows update, or any high internet usage, etc. To check your speed, open www.speedtest.net and select a test server from one of the major providers in your province, e.g. Toronto Rogers server for Ontario customers, Vancouver Shaw Server for British Columbia and Alberta customers.

1.2.4 Unlimited Downloading

IVC also provides unlimited internet usage for upload/download with or without conditions according to the normal residential usage, and if any excessive or malicious activities that may harm IVC’s network are detected, IVC may suspend their service or limit the speed without any notice in advance. IVC unlimited downloading internet policy can also be affected by the CRTC rules and decisions, government laws and the provider’s policy, and, in case of any changes, IVC will notify all the customers through registered email within 30 days in advance. Even though the customers have unlimited downloading but the maximum usage downloaded will depend on the maximum speed customer has selected.

1.2.5 Copyright and Legal Issues

Following the Canadian regulations under a regime, IVC is required to forward the copyright infringement emails received by the end user who is identified by the IP address within the specific period.

1.2.6 IT MP Policy

IVC Internet Traffic Management Policy (ITMP) is based on the CRTC transparency rule. Currently, we are not implementing any ITMP policy in our west coast network including British Columbia and Alberta. In the east coast, we are slowing down the non-real-time FTP (File Transfer Protocols) including but not limited to using the Bit Torrent protocol during the peak hour from 6:30pm to 10.30pm EST (tentative time only – actual time could vary based on the network status), and all the other real-time applications such as online video, IP TV, gaming, music, web browsing, etc are not affected.

If there are any general changes made in the IVC’ ITMP policy, customers will be notified 30 days before through their emails on file. IVC serves the right of implementing ITMP to restrict the customer’s internet speed during the time of serious network congestion caused by an outage, extreme weather, etc without any notice in advance.

The personal information that IVC collected to manage internet traffic will never be misused or disclosed. Check our online FAQ available at www.IVCtel.com for our current IVC’ ITMP practices.

1.2.7 Right of Way on Customer’s Own Property

By signing up with the IVC high-speed internet, the customer has granted IVC’s right of way to access, install, maintain and upgrade IVC fiber facility including, but not limited to, laying down the underground conduit and wires towards the customer’s property demark point and installing the inner wire to provide IVC’s fiber internet where IVC would obtain applicable permit and license in advance. In such cases, if construction is required then IVC is responsible for the related cost to construct and restore the area such as digging around to lay down cable or conduit.

1.3 Cell Phone Service

1.3.1 Cell Phone Service

Services including but not limited to the voice, data and SMS are provided by the third party directly or indirectly, are subject to the underlying provider’s terms and agreement.

1.3.2 Cell Phone Handset

To use IVC cell phone services, IVC may provide generic cell phone handsets that are available in the market or a special cell phone designed for the IVC services only. The special cell phone sold by IVC can be returned only within 7 days from the date of purchase with an applicable restocking fee and a 1 year limited manufacturer warranty (physical damage or water damage is not covered). All cell phones sold by IVC have been unlocked and may be used with any thirdparty SIM card but may not have all the functions same as IVC.

We don’t recommend customers to install additional SIM into any cell phones other than the ones that are provided by IVC. If you use a SIM card from a different provider, then select the provider carefully to avoid higher charges as IVC has no liability to compensate any such claims due to the use of any wrong provider.

1.3.3 Local Data Usage Cap and Notification

IVC cell phone plans come with capped data usage per month. But when the data usage is reaching the cap, an alert notice by SMS, email or an APP notification will be sent to the customer, also IVC may slow down the speed based on the customer’s speed immediately or let the customer continue using the regular speed with their own selection. For data over usage, the customer will be billed for it per MB. The unused data for the month cannot be carried over to the next month. Please also refer to the plan description for more details.

1.3.4 Overseas Data Usage

Overseas roaming data will be blocked by default unless customers purchase a data package in advance which will be valid for a period of time. Customer cannot add a second data package until the current data package is used up. When the data package is used up, customers will no longer be able to use the internet via data but can access the internet via a local wi-fi connection. There is no refund for any overseas data package purchased.

1.3.5 Unlimited SMS and Voice Plan

IVC cell phone plans may come with unlimited voice and/or SMS plan. Unlimited voice and SMS are subjected to residential normal fair usage policy and should not be used for any commercial purpose. IVC has the right to suspend or disconnect the services if any internet abuse is detected or reported without any notice in advance. Also, please refer to the plane description for more details. Data usage by SMS and voice is also included in the overall data usage of the month and therefore affects the local or roaming data usage if using a mobile connection. 1 hour of voice call = about 7.2 MB, 1MB = 500,000 SMS.

However, the wi-fi calling mode will not consume any data for calls and SMS.

1.3.6 Cell Phone 911 Service

IVC cell phone customers can also dial 911 using the IVC cell phones as an emergency service via underlying wireless providers from anywhere in Canada as long as the wireless signal is available.

1.3.6.1 Cell Phone 911 Service Limitations and Liability

IVC cannot guarantee 911 services to be constantly available on the cell phone due to the wireless signal coverage and IVC cannot provide the exact position of the end user’s current location and so IVC is not responsible for any claim regarding the damage caused by any delay or availability of the 911 service.

1.3.6.2 Cell Phone 911 Service Charges

All IVC customers will be charged $1 per month to cover the applicable 911 tax, administrative fee and operation cost.

1.3.7 Seven Day Cancellation and Refund Policy

IVC cell phone services can be cancelled within 7 days from the activation date for free of charge only if the data used is less than 100Mbps, Voice call minutes used is less than 100 minutes and the SMS count is also less than 100 including sent and received messages. Otherwise the customer will be charged for a full month of services.

1.4 Wi-Fi Calling Services

1.4.1 IVC Wi-Fi Calling Service

IVC wi-fi calling service is available through an App that can be installed in the customer’s Android or IOS cell phone so the customer can send & receive voice calls and SMS via available wi-fi or customer’s data connection.

1.4.2 Data Consumption

When IVC wi-fi calling is used via the customer’s cell phone data connection, the voice calls and sent/received SMS’ are included as a part of the data consumption and may be charged based on the customer’s cell phone plan. 1 hour voice call = about 7.2 MB, 1MB = 500,000 SMS

1.4.3 Unlimited SMS and Voice Plan

IVC wi-fi calling plans also come with an unlimited voice and/or SMS plan which is strictly for normal residential use only and should not be used for any commercial purpose. IVC has the right to suspend or disconnect the services if any internet abuse is detected or reported without any notice in advance. Also, please refer to the plan description for more details. Data usage by SMS and voice is also included in the overall data usage of the month and therefore affects the local or roaming data usage if using a mobile connection. However, the wi-fi calling mode will not consume any data for calls and SMS.

1.4.4 Wi-Fi Calling 911 Service

IVC cell phone customers can also dial 911 by using the IVC cell phones as an emergency service via an underlying wireless provider from anywhere in Canada as long as the wireless signal is available.

1.4.5 Wi-Fi 911 Service Limitations and Liability

1.4.6 Wi-Fi 911 Service Charges

All IVC customers will be charged $1 per month to cover the applicable 911 tax, administrative fee and operation cost.

2.0 SERVICE AGREEMENT

2.1 Service Term

Services are paid on a recurring basis for a term that begins on the date of the IVC services are activated and ends on the last day of the billing term (Service Term). After the expiration of the term, the service billing is automatically changed on a monthly basis unless it is replaced by any other term upon the customer’s request.

2.2 Residential Use of Service and Device

If you subscribe IVC’s residential services, both service and device used for the service will be provided to you solely for residential use. Customers should not resell or transfer the service or the device to any other party without our prior consent in writing. We reserve the right of rejecting any Service order at our own sole decision before or during the order processing stage. Customers are also prohibited from using the service or the device for the auto-dialing, continuous or extensive call forwarding, telemarketing (including charitable or political solicitation or polling), fax/voicemail broadcasting or fax/voicemail blasting. We reserve the right to immediately disconnect or modify Customers’ services if we determine, in our sole and absolute discretion, that your use of our services or any device is, or at any time was, inconsistent with the normal residential usage patterns. In addition, you will be required to pay the high rates charged by IVC for the commercial usage for all the periods in which your use of services or the device was inconsistent with the normal residential usage pattern.

2.3 Charges

Once the service is activated, customers are responsible for providing a valid email address and a payment method, which we accept, for the purpose of billing and payment. Customers are responsible for paying all the bills including the long distance charges and all the applicable taxes along with the charges for the services subscribed from IVC. All customers have to agree to make all your payments using the pre-authorized credit card along with the card number you gave IVC during the activation process unless you have written notice to stop the pre-authorized credit card payment.

2.3.1 The Invoice

IVC will provide a monthly online invoice for the services to all customers and the invoice will also be sent by emails within 5 days from the invoice generation date. For new registered customers, the first bill will include the previous month’s fee and variable charges such as log distance charge, internet usage, pay per view, etc which will be calculated from the date customer signed up for the services. For long time customers, the invoice will include the previous month’s charge plus the current month’s regular charge.

Due to non-availability of an e-mail address, IVC will not be able to deliver the invoices or any other important communication and under no circumstances shall IVC be liable for any damages, including but not limited to, loss of profits, as a result of or caused directly or indirectly by, any act or omission or negligence or intentional act of, IVC, its officers, directors, employees, contractors or those for whom IVC is responsible.

2.3.2 Unlimited Calling

IVC home phone service provides unlimited local calling to all the major cities in Canada including Toronto, Montreal, Ottawa, Vancouver and Calgary and some areas with a special number such as area code +555 or 1-867 or special service numbers like 1-900.

2.3.3 Paper Bill Processing Fee

Online access will be provided to new customers to view invoices free of charge. IVC tries to avoid using paper bills, and we encourage all customers to view the invoice from our website to help save the environment.

2.3.4 Late Payment and Non-Payment

If any charges for the services are due and unpaid for any reason including, but not limited to, non-payment or declined credit card, then IVC may suspend or terminate the services and all the accrued charges shall be immediately due and payable including a late fee of minimum 1.5% or the maximum fee allowed by the law. Neither suspension nor termination shall relieve the customer from the obligation of paying all the due amounts owing under this agreement。

2.3.5 911 Fees

Effective from February 1st, 2019, it is mandatory to provide VoIP 911 service according to the CRTC. IVC charges $1 per month per outgoing line to cover the cost of providing the emergency service as well as provincial tax for the 911 services.

2.3.6 Billing Disputes

The customer must dispute any charges for the services within 30 days from the day they received the monthly invoice. Customers should understand and agree that the failure to dispute the charges within the 30 days period constitutes a waiver of all the claims for any disputes.

2.3.7 Taxes

Prices, fees and the rates for the services do not include customs, excise duties, sales, valueadded, federal, state, and local or other similar applicable taxes. All such applicable taxes shall be paid by the customer and will be added to any amounts otherwise owing by the customer under this agreement.

2.3.8 Number Porting Fee

As per the CRTC rules, customers have the right to switch phone numbers between different providers. However, we have to pay certain costs to port in or out a phone number, and IVC may waive the porting charges during the promotion period from time to time. If c ustomers cancel the porting within 3 days before the targeted porting date or terminate the IVC services within 90 days from the port-in date, then an administration fee of $25 will be charged. To transfer an IVC number to a different company then a fee for cancelling IVC service will charge $25 as well.

2.3.9 Activation, Processing Fee, Shipping and Handling Fee

This will cover the cost of service activation, processing, shipping, handling costs and other costs. These are all the non-refundable costs once the order is processed.

2.3.10 Equipment Charge

To use the IVC services, all customers will need hardware equipment at the customer site (Referred as CPE) and CO site. IVC also sells or rents the CPE to all the customers and all equipment sold by IVC is non-refundable after 30 days from the shipping date. If returned within 30 days, the fee will be refunded excluding the restocking fee. All the equipment sold by IVC will have a lifetime warranty, which is non-transferable, as long as the customer is using the IVC services. IVC guarantees the proper working condition of all the hardware and will also replace any units for free only if the damage is caused by a natural reason. Customers are required to return all the faulty units back to IVC for further inspection, and if IVC deems the fault in the units to be man-made then IVC will charge the customer for the cost of replacing the units including the hardware cost, shipping and the handling cost.

2.3.11 Configuration Charge

If customers wish to use their own equipments, there will be some charges to configure the device compatibility with IVC services.

2.3.12 Installation Charge

IVC usually charges a processing fee that covers the standard installation/setup required for the use of the IVC services. NO extra installation charge is required. However, if the customer requests non-standard installation or setup, then an extra installation charge will be applied depending on the distance, hours and materials.

2.3.13 Deposit

For some product and service plans, IVC might charge a 1-month deposit which will be applied to the last invoice of the customer upon the cancellation. No interests will be applied to the deposit.

2.3.14 In-Site Service Fee

IVC tech support department has its own troubleshooting procedure to help customers investigate and solve their issues more effectively, however, if customer makes a personal request for an in-site tech support, which is not within IVC free service category, then in-site service fee will be charged depending on the distance, hours and materials required. IVC holds the sole authority to decide whether the in-site visit will be free or not. Otherwise, the following visits will be charged –

1) Request to replace a defective modem

2) Request to link customer’s equipment

3) Request to configure the customer’s own device/equipment

4) For issues which were reported by the customer but are identified to be caused due to their own reason.

2.3.15 DMC Charge

DMC charge refers to the Diagnostic Maintenance Charges (DMC), which major ILEC and cable companies got approved in the CRTC tariff. Once we open trouble tickets to our last-mile providers such as BELL, Rogers, TELUS, Cogeco, Videotron, Shaw, etc and is the issue is not found or is identified due to the customer’s own issue then a DMC charge will be billed to IVC. And then we will investigate the DMC and pass the charge to the customer if it’s proved to the customer’s own issue.

2.3.16 Credit Card Charge Back

A finance charge of $30 will apply for each credit card chargeback or reversal.

2.3.17 Rate and Price Change

Decisions or orders issued by the Canadian Radio and Television Commission (CRTC) and other regulatory bodies with jurisdiction over IVC or any IVC services may have a direct impact on the limitations of the services and costs of the IVC services. Hence, the cited prices and services offered by IVC on the initial terms will be adjusted to reflect the changes and IVC will try its best to inform its customer in 30 days in advance in case of any changes are made. IVC is not liable for the changes and the interruption which prevents IVC to provide the services as stated in the initial terms.

2.3.18 Billing Error

IVC reserves the right to correct any error in the billing for the period of time up to 60 months and would apply the appropriate charges.

2.3.19 Refund

A general refund upon customer’s cancellation would be completed within 4-6 weeks from the date we received the returned equipment from the customer or the date of requesting the service cancellation if no equipment is involved. If the customer payment was made via credit card, the refund would be refunded through credit card by default. (Alternatively, payments will be issued in the form of cheques, and will be mailed via regular mail services.

2.3.20 IVC Home Security Monitoring Service Third Party Charge

IVC home security monitoring services do not include any form of security dispatch and arenot limited to use the police, fire ambulance, paramedics and security guards, etc. It is the customer’s own decision to use these services or not and must agree to pay for the expenses of using these services. IVC home security monitoring service fee doesn’t include any charges for them and the extra charges occurred from using the services from a third party will be passed to the customer to pay.

2.4 Credit and Security Deposits

IVC reserves the right to examine subscriber’s credit record before activating the services and if IVC, at any time, consider a prepaid credit deposit to be insufficient then a credit deposit may be required before continuing or reinstating the service to the subscriber. IVC will determine, at its discretion, how a subscriber’s deposit or other security will be allocated to satisfy the outstanding amounts owed by the subscriber to IVC. By subscribing to the services, the subscriber authorizes IVC to investigate their creditworthiness, exchange credit information with credit reporting agencies on an ongoing basis and also agree to provide appropriate authorizations and financial information from time to time as IVC may reasonably request. All deposits or other prepayments made by a subscriber in connection with the services will earn no interest.

2.4.1 Deposit

For certain products and service plans, IVC might charge a deposit which will be refunded upon the cancellation or released to the customer account after a period that will be specified on the customer’s initial order. No interests will be applied to the deposit.

2.4.2 Credit Check

IVC may obtain customer authorization to conduct a credit check when the customer is ordering services from IVC. Based on the credit history, IVC has the sole authority to determine is nay security deposit is required or not for the monthly services/ or hardware. IVC will not disclose the result of the credit check to any third party or use it for any other purpose.

2.4.3 Service Deposit

IVC may ask for a service security deposit if IVC is not satisfied with the customer’s credit history. The security service deposit will be kept for a minimum of 2 years without any interests and it will be returned to the customer for any of the following reasons –

1) Upon service cancellation, then the deposit will be released back to the customer’s account and applied to any due or unpaid invoice charges

2) Upon customer’s request after two years, if the customer has a good payment history with IVC.

2.4.4 Hardware Deposit

IVC may ask for a hardware security deposit for some specific hardware only and the deposit will be held without any interest. The hardware deposit will be kept for a minimum of 2 years without any interests and it will be returned to the customer for any of the following reasons –

1) Upon service cancellation, the deposit will be released back to the customer’s account and applied to any due or unpaid invoice charges

2) Upon customer’s request after two years, if the customer has a good payment history with IVC.

2.5 Term

Term and monthly rate guarantee IVC services are sold on the following basis and may be applied to the early cancellation fees.

2.5.1 Term

Terms: The term shall also serve as a monthly rate guarantee to the subscriber where the monthly service fee cannot be increased by IVC for the entire term. During the term period, the customer should not make any changes to the service including the service address, internet speed, adding/removing any service or terminating any services, etc, otherwise, an early cancellation fee from the total amount of the remaining months will be charged.

2.5.2 No Term

The subscriber can cancel the service without any early cancellation fees. IVC may also increase its rates at any time under no term by providing 30 days prior notification to the subscribers.

2.6 Services Interruption

2.6.1 Service Interruption for Maintenance

IVC may interrupt the services at any time for any duration of time without any prior notice or liability, in order to install, inspect, and repair or to perform necessary maintenance on the equipment, facilities or network. IVC telecommunications are provided on a best-effort basis. Subscribers should acknowledge that IVC VoIP service requires high-speed internet connectivity. Poor or lack of internet connectivity, power failure, computer viruses and likes will cause service interruption and/ failure of the service to function properly. It is the responsibility of the subscriber to remedy these connectivity issues.

2.6.2 IVC Is Not Liable For

2.6.2.1 Third-Party Omission

Any act or omission of any third party including local telephone company, connecting carrier or underlying carrier, facilities or services;

2.6.2.2 Subscriber Conduct

Subscriber’s conduct, acts or omissions, failure of subscriber’s equipment or facilities.

2.6.2.3 Event out of IVC control

Any incident beyond the control of IVC including the act of god, inclement of weather including lightning, labor dispute, riots or civil disputes, war or armed conflict, any law, government order, decision or regulation or order of any court of competent jurisdiction.

2.6.2.4 Charges by Third Party

Any charges by the third party including other telephone companies or wireless carriers;

Subscriber should acknowledge that IVC is not liable and should be held harmless against all the claims including all the fees and expenses of the counsel, facilities or equipment failures which may cause direct or indirect damage/harm to any other parties.

2.6.2.5 Maximum Liability

In general, IVC maximum liability is only limited to the monthly service fee charged during the time when the service is interrupted due to the reasons not covered in this agreement.

2.7 Disconnection of Services

We reserve the right to suspend or discontinue the service at any time in our sole and absolute discretion. We may disconnect services at own decision by giving 30 days notice in advance if due to network change, service discontinue etc. If we discontinue the services without a stated reason, you will only be responsible for the charges accrued from the date of disconnection including a pro-rated portion of the final service term charges. If your service is disconnected on account of your breach of any provision with this agreement, you will be responsible for all the charges through the end of the current service term including due bills, the disconnection fees and all the other payables. IVC will pursue collection for all the unpaid amounts on disconnected accounts and may report to credit bureaus.

2.8 Suspension or Termination of Services by IVC

2.8.1 Service Suspension

Without incurring any liability whatsoever, IVC may suspend or terminate any or all of your services for any reason including, but not limited to, the following:

2.8.1.1 Failure to Pay Account Charges

Failure to pay an account that is past due or payment by credit card which is not honoured by the bank.

2.8.1.2 Failure to maintain deposit

Failure to provide or maintain a reasonable deposit or alternate security when requested to do so by IVC;

2.8.1.3 Failure to Meet IVC Credit Requirements

Failure to meet IVC’s credit requirement or subscriber becomes bankrupt or otherwise insolvent;

2.8.1.4 Failure to Comply With Terms

Failure to comply with the terms of a deferred payment or credit agreement with IVC;

2.8.1.5 Use of Services Contrary To Law

Use or let others use the services for a purpose in a manner that is contrary to law; or for the purpose of harassing, threatening, abusing or offensive actions;

2.8.1.6 Charge Others for Use of IVC Services

Charge or let others to charge any other person for the use of the services without IVC’s prior written agreement;

2.8.1.7 Harassment

Harasses, threatens or otherwise act unreasonably towards IVC, its employees or agents;

2.8.1.8 Interference with IVC Facilities

Alter or otherwise interferes with IVC’s facilities or equipment, or fails to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others or IVC’s equipment, facilities or network;

2.8.1.9 Resale of IVC Services

Use or permit others to use the service to resell;

2.8.1.10 Abuse the Network

Abuse the network with excessive usage shall be determined solely by IVC;

2.8.1.11 Use of IVC Services for Commercial Purposes

Use or allow permit to use the service for the commercial or business use;

2.8.2 Reconnection Fee

A suspension or termination will not affect a subscriber’s obligation to pay any amounts owed to IVC either during or after the suspension or termination. If the termination occurs during a term period, then the subscriber will be charged for all the usage plus the term obligations. If service reactivation is required, IVC will charge a reasonable connection fee.

2.8.3 Credit Refund

When the services are cancelled, either by the subscriber or by the IVC, there will be an undisputed credit balance on the subscriber’s account, Subscriber may require that it be refunded to the Subscriber and IVC reserves the right to charge a reasonable processing fee in connection with issuing refunds.

2.9 Right to Cancel IVC Services

Customers’ right to terminate the services and early cancellation: For any cancellation request, the customer can contact our customer care and provide the requested disconnection date. For the phone service cancellation, if customers want to transfer the number, the service disconnection date would be the day on which the number is ported out.

2.9.1 Term Terms

Customers are responsible for the early cancellation fee for their term period. Early cancellation fee shall be applied according to the term specified in the plan description area in the printed order that we ship to the customer with the hardware prior to the activation. The term start date shall be the date that the subscriber enrolled for IVC services. Once the term expires, it is automatically renewed through the mouth to mouth basis unless requested by customers.

2.9.2 No-Term

Customers enrolled in a month to month package shall only be liable for the charges used up to one month after their cancellation date. In addition, the subscriber will be responsible for all the charges for the standard services incurred up to the effective cancellation date.

2.10 No Directory Listing or 411 Services

The phone numbers customers obtain from us will not be listed in any telephone directories or 411 listings. Phone numbers transferred from your local phone company maybe listed. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address.

2.11 Incompatibility with Other Services

2.11.1 Home Alarm Systems

The service may not be compatible with the home alarm systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for your installed home security. You are responsible for contacting the alarm monitoring company to test the compatibility. IVC is not responsible for any damage or loss due to the lack of the alarm system.

2.11.2 Apartment Buzz Number

Customers should acknowledge that the service presently may not compatible with some apartment buzzer service and there may be other services with which the service may be determined to be incompatible.

2.12 Customer Service

IVC offers various types and levels of customer service depending upon a number of factors including the services you are using and the problems you are experiencing. For more information on our customer service options, please review the “FAQ” section of our website at www.IVCTEL.com. We assume no obligation to provide support services for any third-party products/services or problems with the service caused by the third-party products/services unless you have entered into a separate service agreement with us.

2.13 Payment Method & Monthly Service Fee Adjustment

All new customers must provide and use a pre-authorized method (PAP) by credit card or one-year pre-payment to keep the current promotion offer and/or any price guarantee. Failing to maintain your PAP/Pre-payment validity will automatically terminate the discount offered and apply the regular monthly service fee to your current plan.

Customers who signed up before May 1st, 2019 are on PAP effective from June 1st, 2019 and if your PAP charge is declined twice in a continuous 12 months or payment method is changed, your initial promotion period and/or any price guarantee will end immediately. IVC has the sole decision to increase your monthly charge immediately based on your payment history.

3. PAYMENT, REFUND AND COLLECTION

3.1 Payment

Your subscription to the service authorizes us to collect service fees from your payment method. This authorization will remain valid until thirty days after we receive written notice from you terminating our authority to charge your payment method, whereupon we will charge you for the disconnection fee, if applicable, and any other outstanding charges. We may disconnect your services at any time in our sole and absolute discretion if any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method.

3.2 Collection

If your service is disconnected, you will remain fully liable to us for all the charges pursuant to this agreement and all the other costs we incur to collect such amounts including, but not limited to, collection costs and attorney’s fees. The collection cost will be 50% of the amount of the unpaid invoice.

3.2.1 Notices

You understand that IVC sends invoices online by email on a monthly basis and you can also check them online from IVC webpage as it is difficult for IVC to confirm whether you receive the monthly billing by email.

You agree to waive your rights to receive at least 10 days advance notice from IVC regarding the amount that IVC will debit from your account. IVC will also send you messages about your billing and IVC may also change or cease its message at any time without any prior notice.

3.3 Money-Back Guarantee and Equipment Warranty

IVC offers a different quality of service guarantees to different products and services with the following terms.

3.3.1 30 Days Quality of Service Guarantee

IVC offers a 30 days grace period (Trial Period) to new customers for their first IVC service. The activation date is the day of the IVC account activation or the first day customer’s phone number is transferred to IVC. If a customer is not satisfied with the service, then the customer may terminate the IVC service at any time during the trial period and IVC will waive the charges for the monthly fee. The trial period refund does not apply to variable charges or any local, state or federal taxes charged to the customer. The equipment should be returned within 30 days and a restock fee before tax maybe applied. All one-time charges like activation fee, processing fee, configuration fee, shipping and handling fee is non-refundable.

3.3.2 Service Cancellation

To request a service cancellation, the Customer must:

a) Call IVC customer support hotline and obtain a cancellation reference number;

b) Mail the Equipment to one of IVC national shipping centers or corporate store specified within seven (7) days from the service disconnection date; the equipment must be in its original condition including all packing materials without any damage on the interface, all the parts and accessories, documentation and manuals and all other items originally shipped to Customer. Equipment returned to our agents will not be processed. If IVC does not receive the returned Equipment within thirty (30) days after the termination day, the rented equipment will be charged at the purchase price on the latest invoice.

c) Customer must pay all cost of shipping

d) Customers cannot request a cancellation, if IVC opened the trouble ticket to our local providers such as Bell/Rogers, otherwise a DMC charge $ 90 + tax will be applied to the customer account. The customer can request a cancellation after the issue is fixed.

e) IVC standard 30 days guarantee policy applies only to the new customer and the first service at the new address, and not to additional service in the same address or old customer moving to new address.

3.3.2 Equipment Warranty

Equipment refers to the boxes (CPE) required at the customer site, so that IVC can provide service to the customers. From time to time, there are two different options for IVC to provide CPE to the customers: Free Rental, or Purchased.

Free Rental: All CPE boxes customers paid with or without deposit only when the service started and usually comes with 1-year term.

Purchased: These boxes are sold to the customers at the original or discounted price.

Warranty: IVC provides lifetime warranty to the Rented or sold CPE as long as the customer is using IVC services; if the CPE is broken due to non-man made reason then IVC will replace the CPE free of charge. For man-made reasons for example due to the usage of the wrong power adaptor, water damage, physical damage, etc., customers need to buy new CPE and IVC will ship it for free. Upon the service cancellation, IVC is not responsible for any liabilities of the CPE from the date of service termination.

3.3.3 IVC Hardware Warranty and Support

3.3.3.1 IVC Hardware Usage

All hardware customers obtain either for free rental or purchased from IVC are developed/designed for the purpose of using IVC service only.

3.3.3.2 Discount for Hardware

When customers obtain the hardware after the purchase, then IVC has already offered a big discount to offset the purchase cost.

3.3.3.3 Life Time Warranty

The hardware is provided with a lifetime warranty as long as the customer remains using our service.

3.3.3.4 Loss of Warranty

Once customer service is disconnected, those hardware will automatic lose warranty from IVC.

3.3.3.5 Third Party Equipment

IVC has no obligation to guarantee any of IVC equipment would work with any of third party’s services;

3.3.3.6 Support to Third Part Equipment

IVC will not provide any support to the hardware including changing configuration, firmware upgrading, repairing, exchanging etc. after IVC service is cancelled.

3.3.3.7 No Liability for Third Party Equipment

IVC has no liability for any issue or failure caused by the equipment by the third party.

3.3.3.8 Cell Phone Warranty

All cell phone handsets sold by IVC are under 7 days refund policy, i.e. Customer may return a cell phone purchased within 7 days from any of IVC retail store with the original package and accessories with a 15% of restocking fee. Missing accessories will be charged $10 each on top of the restocking fee. Physical damage or water/liquid damage will not be accepted for return and refund.

All cell phone handsets sold by IVC come with 1 year limited manufacturer’s warranty. Cell phone handset must be unopened. Cell phones which are physically or water/liquid damaged are not covered.

All Cell phone sets sold by IVC can be used with third parties SIM but IVC doesn’t guarantee they will be fully functional the same as IVC cell phone service.

3.4 Marketing Promotion terms

3.4.1 Free or Discounted Hardware

Hardware free rental promotion, IVC might give hardware with free rental to the customers so that the customers can use our services. The promotion equipment (the "Equipment") might not be exactly the same as shown in the advertisements and might have different models as well. IVC reserves the right of final explanation and decision of which type of equipment to give. The equipment might be either new or refurbished and are tested and guaranteed to be working in the best. But the equipment is not guaranteed to be new from the manufacturers. The equipment has the IVC standard hardware lifetime warranty, and if the equipment damaged is due to man-made reasons (such as fire, broken due to wrong power adaptor, physical damage, and water damage, etc) then upon the cancellation to IVC services made over 30 days from the activation, these free rented equipment should be returned to IVC to avoid any additional charges, or customer can even purchase them at a discounted price if agreed and approved by IVC.

3.4.2. One Time Fee Discount

IVC might give a discount to or waive one-time charges such as Processing Fee, Activation Fee, Shipping and Handling Fee and Hardware Purchasing Fee, etc. at intervals for the purpose of promotion. For the part of the onetime charges which was discounted away or waived, if customers cancel the service within 30 days, the discounted or waived portion will be charged back to the original price. If customers cancel the service after 30 days from the service activation, there would be no chargeback for the onetime fee discount.

3.4.3 Service Fee Discount

IVC also gives new customers monthly service fee discounts from time to time based on the term specified by the corresponding promotion. The common terms might be 1 month, 3 months, 6 months, 1 year, 2 years, etc. The monthly service fee discount will be stopped automatically at the maturity of the pre-stated terms and the monthly fee will be back to the original price. We will not renew any of the discounts on our own initiative nor choose any service plans other than the corresponding standard service plans for customers. It is the customer's responsibility to contact us before the expiration date of the discount promotion and select a new service plan available at the time which can better serve the customer's needs. If customers cancel the service within 1 year, then the previously discounted service fee will be charged back to make the previous monthly service fee back to the original price.

3.4.4 Long Distance Package Discount

IVC might give new customers free long-distance package from time to time based on the term specified by the corresponding promotion. The common terms might be 1 month, 3 months, 6 months, 1 year, 2 years etc. The long-distance package discount will stop automatically at the maturity of the pre-stated terms and the long-distance package will be back to the original price. We will never renew any of the discounts on our own initiative nor choose any long-distance packages other than the corresponding standard long-distance packages for customers. It is the customer's responsibility to contact us before the expiration date of the discount promotion and to select a new long-distance package available at that time which can better serve the customer's needs or choose to remove the long-distance package. If the customers cancel the service within 1 year, previously discounted long-distance package fees will be charged back to make the previous long distance package fee back to the original price.

3.4.5 Free Prize

IVC might give customers third party products such as TV, IPAD, etc. as free prizes for promotional lucky draws. There is no obligation for customers to keep using IVC services in order to maintain the ownership of the free prize as long as the conditions are met. IVC is not providing any warranty or support for third party products. Customers need to get support from the manufacturers directly.

3.4.6 Referral Program

To express thanks to the loyal IVC customers who recommend IVC to their friends, IVC might give eligible referrals gifts or service discounts as a referral bonus according to the different promotions. The following terms and conditions apply: The referral bonus only applies to current IVC Customers who recommend New Active IVC Internet customers; referral bonus for each valid recommendation; The referral bonus will be effective 30 days after your friends' IVC Internet service activation date; The referral bonus is not redeemable as cash; When the IVC account is deactivated, all the remaining referral fee will be cleaned out and will not be refunded in any format; Valid referral’s IVC promotion code must be provided at the time when an order has been submitted or within 1 day (24 hours) after calling us or sending us an email; Late promo code is not accepted, and the offer has lapsed automatically after the time limit; Terms and condition explanation rights belong to IVC and might be changed without notice.

3.4.7 IVC New Promotion Offer

IVC’s new promotion offers are available only for new residential customers who subscribed to the Internet, Home phone, TV service. New promotion offers are not provided to the same residential customer and/or household, where IVC services have been installed and/or cancelled within the past 6 months after service activation. Promotion offers may change from time to time without prior notice.

4.0 LIMITATION OF LIABILITY; MISCELLANEOUS

4.1 Limitation of Liability

We are not liable for any delay or failure to provide the Services, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:

a) An act or omission of an underlying carrier, service provider, vendor or another third party;

b) Equipment, network or facility failure, shortage; equipment, network or facility upgrade relocation or modifications caused by any reason include the loss of power;

c) Force events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;

d) Any act or omission by the subscriber or any person using the Service or Device provided to you; or any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.

e) Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.

f) Disclaimer of Liability for Damages. In no event will IVC, its officers, directors, employees, affiliates or agents, or any other service provider who provides services to you in connection the service will be liable for any direct, incidental, indirect, special, punitive, exemplary, compensatory, or consequential damages, or for any other damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the service, including an inability to access emergency service personnel through the 911 dialing service or to obtain emergency help. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability and apply whether or not we were informed of the likelihood of any particular type of damages.

4.2 Indemnification

The Customer hereby agrees to indemnify and hold harmless IVC and its officers, directors, shareholders, and affiliates from, and against any claims, damages and/or liability arising out of the Services or Equipment, including, without limitation, claims for libel, slander, invasion of privacy or infringement of copyright arising out of material, data or information transmitted via the Services and claims arising out of any intentional act or omission by Customer or others authorized by Customer to use the Service.

4.3 Content

Customers will be liable for any and all liabilities that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using our Service or Device. You shall assure that you and your User's use the Service and content comply at all times with all applicable laws, regulations, and written and electronic instructions for use. We reserve the right to disconnect or suspend your services and remove your users' content from the service, if we determine, in our sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this section will not constitute any review or approval of your or users' use or content.

4.4 Governing Law

The law of the state of your residence shall govern this Agreement as well as the relationship between you and IVC except to the extent such law is pre-empted by or inconsistent with the applicable federal law. Notwithstanding the foregoing, because this Agreement evidences a transaction in interstate commerce, the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provision set forth below.

4.5 Mandatory and Binding Arbitration

All claims or disputes between Customer and IVC arising in any way whatsoever out of the services or the equipment shall be resolved by binding and final arbitration by a single arbitrator. The Canada Arbitration Association shall administer the arbitration under the Commercial Arbitration Rules. The arbitration shall be conducted in Toronto, Ontario, Canada in English language. No arbitrator may award relief outside the limits set herein. Customer who agrees that all claims shall be in Customer's individual capacity and that the customer will not commence or join any class or consolidate Customer's claim with the claims of any person or persons. Customer hereby waives any right to a jury trial.

4.6 Entire Agreement

This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for the services found on our website constitute the entire agreement between you and IVC and governs the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and IVC and all the prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

4.7 Severability

If any part of this Agreement is legally declared invalid or unenforceable, then all the other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any portion of this Agreement.

4.8 Customer Information Security

With this agreement, the subscribers acknowledge that they authorize IVC to obtain, at any time, information regarding customer credit from any personal agent, financial institution, employer or any other person with whom he or she may have a business relationship and authorizes such person to transmit such information to IVC. The consent is given for the purpose of opening an account and recovering sums that may be owing to IVC. This information will be treated confidentially at any time. With limitation, IVC may use subscriber information for advisement purposes, you shall notice to IVC in writing if you don’t want to be listed on the distribute list for advisement. IVC may sometimes legally required to monitor, record, and provide evidence of the activity or information of the identified Customers or required to remove some content as a result of court orders or warrants, without prior or subsequent notice provided to the Customer. You also acknowledge that the use of IVC services confirms your acceptance of these terms and conditions. It is the express wish of the parties that this agreement and any related documents be drawn up and executed in English.

5. FUTURE CHANGES TO THIS AGREEMENT

We may change the terms and conditions of this Agreement from time to time. Notices will be given and also will be posted on www.IVCTel.com. Such changes will become binding on you from the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement when posted will supersede all previously agreed electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device.