Terms of Service
The current Terms of Service apply to each and all Easytel subscribers.
The following words and expressions in this part, when they appear in this Agreement, or within any related document and unless the context or the text clearly indicates otherwise have the following meaning:
Customer, you, your – refers to the person or organization subscribed to the Easytel Services;
Easytel, we, us, our – refers to the Easytel brand and its owner.
Service(s) – refers to telecommunications Services provided by Easytel.
Services are offered on a month-to-month prepaid subscription basis. All the charges associated with the service must paid in full, prior to activation of service. The Service shall be deemed to begin on the date on which Easytel activates your service and shall end on the end of the month. Unless otherwise stated by you, your subscription will automatically renew without further action by you unless you provide Easytel with notice as per the “Cancellation and Termination” section.
Service/Change of Service:
Easytel may use any 3rd party provider, and may change the provider anytime on its sole discretion with or without any notice. Easytel reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Easytel shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service by other providers. The fees and charges for each service shall be set out in the description of each service under Plan Information Section of this agreement. Monthly Service Fee of all Services, including but not limited to monthly subscription plan fees to the service, are subject to change upon 28 days’ notice. Your continued use of the Service after a change in fees shall constitute your acceptance of such change in fees. Prepaid customers are also subject to these terms of service. Charges will be deducted (I) immediately for usage and pay per use services, and (ii) every month for recurring features. You may not transfer your account to anyone else without our prior consent. You must contact our customer service department and a transfer service fee may be charged.
Loss or theft:
It is your responsibility to notify us immediately if your device is lost, stolen or destroyed. You are responsible for replacing it and for all fees and charges incurred prior to you notifying us.
We may require a deposit or impose other payment or credit requirements (e.g., interim payments; mandatory pre-payments) at any time and on such terms as determined in our sole discretion. You will not earn any interest on any deposits or other payments held by us. If your Service is terminated, we will apply any deposits or other payments against the outstanding final balance on your account.
Invoices and Notifications:
Your invoices and receipts will be sent to the email account that you provided during sign-up. If you do not have an email account, please contact us our representatives to get assistance in setting up a Gmail account.
Fees and Payments:
Your acceptance by signing this agreement authorizes Easytel to charge the credit card account number on file with Easytel for fees and taxes. This authorization will remain valid until sixty (60) days after you provide Easytel with notice of your intention to terminate your subscription to the Service. Taxes 13% of bill; additional usage taxed in some countries. Charges apply for calls to other countries. Additional charges apply in excluded destinations. Rates and included countries vary and are subject to change. Additional charges apply in excluded destinations; included destinations subject to change at provider’s discretion. In order to initially activate and use the Services, you must pay your full monthly plan fee in advance. Services will not be provided to you unless you comply with this requirement. If you fail to pay your monthly plan fee, your account and your wireless identifier (e.g. telephone number) can be deactivated. Any remaining balance in your account will not be refunded. A new wireless telephone number will be required to re-activate Services after paying the additional charges if applicable.
Easytel accepts credit cards. Your use of Services, after having submitted credit card information with the express request to be used for pre-authorized payments, validates Easytel’s processing of the provided information for the due charges. You must notify us of any changes in your payment information.
You authorize Easytel and its agents or assigns to:
Request and obtain personal information on an ongoing basis.
Co-operate with local, provincial and national authorities in the investigation of unlawful or improper activities in order to protect you and Easytel from fraudulent transactions;
Disclose personal information where necessary to protect you and Easytel’s interests.
You may request termination of Service or the account by submitting a termination request by contacting us. Termination will be effective with such date indicated by your request.
We may disconnect or terminate your Service if: You are in breach of the Agreement and Use policies.
We reasonably suspect or determine that your account or Services are subject to fraudulent or unlawful usage that adversely affects the network or other Customers.
Should action be necessary to protect the Easytel network or should we have reasonable suspicion of fraud activity under your account, we may proceed to immediately suspend or disconnect your service. We’ll provide you notice of disconnection as soon as reasonably practicable.
Should we receive indications that such fault is being immediately cured we may decide to postpone your service suspension/disconnection.
Placing Calls & Sending Text Messages:
The Easytel Service is designed to facilitate talk and text through the Easytel App. Calls must be placed and received using the Easytel App. Texts must be sent and received using the Easytel App. The native smartphone call and text functionality will be disabled.
Prepaid funds are non-refundable:
If your device is lost or stolen, we will suspend your account and cancel any automatic Top Up withdrawal once you provide us notice. Your unused funds will continue to be valid for the Account Period and you must continue to Top Up with at least 7 calendar days of the Account Period expiration to retain the funds.
You may use the Services only for your own lawful purposes. We may from time to time set out use policies and guidelines for the use of Services. Services cannot be used for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind. This includes, but is not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, provincial, national or international law.
You may not resell, transfer or share the Service to another party without prior written consent from Easytel.
You must note that the service is provided for personal use only and we reserve the right to suspend or terminate the service if you are in breach of any policies including use for commercial purposes.
You acknowledge and agree that all content available on this website is protected by copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Easytel, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
Notwithstanding the above, you may print or download one copy of the materials or content on this website onto any single computer for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Easytel is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without the express written permission of Easytel.
Service is available in areas outside our network that are served by other cellular telephone service providers (“Roaming Partners”) which have partnered with us for the provision of roaming services. You will not incur roaming charges when in these areas. Our service is intended for use by residents in areas that our network services.
Services are Provided “As Is” and “when available”:
The Service are provided on an “as is” and “when available” basis, and without any representations of any kind. The operation of the Site and the Service may be affected by numerous factors beyond the control of Easytel. Security and privacy risks cannot be eliminated. Waiver of Damages and Limitation of Liability Easytel 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 Easytel 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 Easytel facilities provided by Easytel 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 Easytel facilities and equipment or software of third parties which may be utilized by Easytel 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 Easytel.
Refunds or Cancellations:
The term of a Service Agreement, and any applicable Commitment Period, starts on the Activation Date and shall continue indefinitely until terminated in accordance with the provisions of that Service Agreement or applicable law. All charges for the monthly service fees and activation / setup fees are non-refundable. If you pay on a monthly basis or on an annual basis, and terminates the service prior to the completion of the month or the year, as the case may be, there will be no refunds of amounts already paid. Cancellation requests must be via telephone or by visiting any of our authorized locations. The term of an Agreement starts on the date of the initial activation of the Services or the Equipment, whichever is earlier, and continues indefinitely until terminated in accordance with the provisions of the Agreement or applicable law.
Your service will be deactivated for any of following reasons:
- You are involved Verbal, physical, written or other abuse (including threats of abuse) of any Easytel customer, employee, member, or officer will result in immediate account termination.
- You have notified us in store or telephone call and provide a minimum of 28 business days’ notice to Easytel. Your account will be de-activated and your service will be terminated at the end of the current billing cycle. You reserve the tight to cancel your account. However, no refunds will be issued, in whole or in part.
- You are failed to pay any amount owing when due, including a required deposit.
- You violate these terms of service
Declined or Late Payment:
In the event that Easytel is unable to collect payment for any reason, Easytel will suspend your access to the Services until payment has been successfully processed, including any outstanding amounts incurred while your service was suspended. Suspended accounts are subject to a restoral fee of $25. Easytel reserves the right to terminate your access to Services without any notice if your outstanding balance remains for over 28 days. Any under billed or unbilled charge shall be payable by Customer when correctly billed. Easytel may bill for Charges up to one (1) year from the date the Charge was incurred. In the event that a credit card payment fails, an administrative charge of $5.00 will apply. If the line is suspended because of nonpayment of monthly fees, $25.00 restoral fees will be charged to reactivate the line within 28 Days. If you fail to make payment for balance due on account within 28 Days, your line will be cancelled without any notice. In the event that your account is suspended or deactivated due to non-payment, Easytel reserves the right to charge the credit card account number on file for the balance owing, including applicable taxes.
Additional Charges & Disputes:
Easytel may charge additional Fees to offset administrative, overages, use of not included features (e.g. International calls, text in non-included countries) processing, environmental or service costs for your account (for example, Fees for collections efforts due to non-payment or returned payments, suspension, disconnection or reactivation of Easytel Services). If you dispute any of Easytel’s charges on that statement or such dispute will be deemed waived. Billing disputes should be directed to telephone call to our billing department. Disputes must be reported via email or call within 15 days of a charge or any such dispute may be deemed waived.
If Easytel is required to initiate legal proceedings to collect any amounts due to Easytel by you, you will be liable for all reasonable costs incurred by us in such proceedings, including legal fees and expenses, collection agency fees or payments and court costs in addition to all amounts due for Services. Administrative charges may be levied for administration or account processing activities in connection with your account, including as a result of the following: • collection efforts due to non-payment or having a balance over your credit limit, including unbilled usage and pending charges, fees and adjustments; • returned or rejected payments; • change of any identifier (e.g., phone number); and • the restoral of Service.
You acknowledge that the Services or access to the Services, public alerts or special needs Services, may not function correctly, or at all, in the following circumstances:
if your handset fails, is not configured correctly or does not meet Service requirements;
in the event of a network outage or extended power failure;
following suspension or termination of your Services or account.
We do not currently offer Collect Call or Operator Assistance.
You are solely responsible for the security and integrity of your Easytel Service and you acknowledge responsibility for any usage charges resulting from unauthorized access to your handset.
Lost or stolen:
If your wireless device is lost or stolen, you should immediately contact us. We may determine, in our sole reasonable discretion that your account is being used fraudulently, however, we do not make any warranties or accept liability for the usage charges incurred to date of suspension. We do not charge a fee for suspending or reactivating the service, however, in order to reactivate the service, you are required to purchase a new equipment at your own cost.
Easytel will not be liable to you or any other third party as a result of Easytel negligence for:
Any damages, including loss of profit, loss of earnings, financial loss, loss of business opportunities, personal injury, death or any other loss however caused, resulting directly or indirectly in connection with the Terms of Service herein and the Services or equipment, including any 911 calls or from the use of our facilities by other telecommunications providers or from the use of our facilities by other telecommunications providers. Defamation or copyright infringement that results from material transmitted or
received over the Easytel facilities.
The above limits apply to any act or omission of Easytel, its employees or agents, which would otherwise be a cause of action in contract, tort or any other doctrine of law.
Changes to the Agreement:
We may from time to time change Services that are provided to you by posting the change to www.myeasytel.com. You are required to verify the website regularly for any changes made or announced.
This Agreement may not be assigned in whole or in part by any Party without the prior written consent of the other Party except that Easytel may assign this Agreement without consent to any affiliated entity.
Limitation of Liability:
Easytel shall not be liable for any failure to provide its Services or any degradation of quality caused by any of the following: 1- Act or omission of another provider used for roaming purposes. 2- Equipment, network or facility failure. 3- Equipment, network or facility upgrade or modification. 4- Equipment, network or facility shortage. 5- Equipment or facility relocation. 6-Force majeure events such as (but not limited to) acts of God, strikes, fire, war, riot, government actions.
Any other cause that is beyond Easytel ’s control, including without limitation the failure of an incoming or outgoing call to be connected or completed. This includes degradation of voice quality. Easytel’s liability for any failure or mistake shall in no event exceed service charges on account of the affected time period In no event shall Easytel be liable for indirect, consequential or economic loss or damage, including loss of profits, earnings and business opportunities, even if advised of the possibility thereof. No credit allowance will be given for interruptions caused by your negligence or by your willful acts, or for interruption by the failure of your equipment.
The Customer agrees to defend, indemnify, and hold Easytel, its affiliates and agents and any other Service provider who furnish Services to the Customer in connection with this Agreement or Easytel’s Services, free from claims or damages by, or in the right of, the customer relating to this Agreement, Easytel’s Services. This paragraph shall survive termination of this agreement. You will indemnify and hold harmless the Easytel from and against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by the Easytel. Parties relating to your violation, alleged violation or misappropriation of any intellectual property, industrial, contractual, privacy or other rights of a third party or any alleged libel or slander by a third party against you.
No Warranties on Service:
Easytel, ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS PROVIDE THE SERVICES “AS-IS” AND MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH THE NETWORK, THE SERVICES (INCLUDING ANY FEATURES) OR ANY EQUIPMENT CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL REPRESENTATIONS WARRANTIES OR CONDITIONS OF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
Confidential Information shall include all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, by Easytel to the Customer that has not been made publicly available.
Except as otherwise specified herein, the Customer and Easytel each expressly undertake to retain in confidence all information transmitted to them by the other party pursuant to this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential (“Confidential Information”), and will make no use of such Confidential Information except under the terms and during the existence of this Agreement.
The receiving party’s obligation hereunder shall extend for two (2) years following the disclosure of the Confidential Information. Unless the Customer consents in writing or disclosure is pursuant to a legal power, all information kept by Easytel, other than the Customer’s name and address, is considered confidential and will not be released to anyone, with the following exceptions:
The Customer or his representative by law
Another telecommunications provider (Local Number Portability) or other person(s) providing Services to a telecommunications provider, provided that the information is to be used for the establishment of, or the efficient and cost effective provision of telephone Service. Disclosure is made on a confidential basis, with the information to be used solely for the indicated purpose
At the Customer’s request, to a third party company providing directory listing Services, provided that the disclosure of information other than name, address and listed telephone number is made on a confidential basis, with the information to be used solely for the indicated purpose
To law enforcement agency, whenever we have reasonable grounds to believe that the Customer has knowingly supplied Easytel with false or misleading information or are otherwise involved in unlawful activities directed against Easytel. Upon request, the Customer may inspect any of the Easytel records related to his Service.
A public authority or its agent if Easytel reasonably believes that there is imminent danger to life or property that could be avoided or minimized by disclosure of the information
Notices to Customers shall be sent to the email address on file for the Customer and will be considered given on the date sent out by Easytel to the party concerned.
Resolution of Disputes:
Mandatory Arbitration: Any dispute or claim between a Customer and Easytel arising out of, or relating to, Easytel’s Services or devices provided by Easytel in connection with this Agreement shall be resolved by arbitration before a single arbitrator according to the applicable laws of the province in which the Customer lives. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding.
Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
All claims shall be arbitrated individually and the Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims to the arbitration process. The arbitrator shall have no authority to award punitive damages. The Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.
This Agreement shall be governed by and construed in accordance with the laws of Federal and local Governement, without regard to its conflict of law provisions. The failure of Easytel to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Easytel’s Services or the Agreement must be filed within 90 days after such claim or cause of action arose or be forever barred.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
Fair Use Policy:
The Unlimited Data Fair Use Policy has been put in place to ensure we can always offer all of our customers unlimited data at affordable prices.
The Unlimited Data Fair Use Policy is designed such that with normal usage, it will be impossible to come close to violating it.
The Unlimited Data Fair Use Policy is designed to prevent the very small percentage of customers who use an abnormally high amount of data while using unlimited data from affecting the continuity of our affordable unlimited data plans for all customers.
If you abuse any of our services and your usage is beyond reasonable usage you will be charged the regular rates that are in market at the time for overages for the relevant service. We reserve the right immediately to either suspend your service and offer you an alternative call plan or terminate your service if we determine, in our sole and absolute discretion, that your use of the service or the device is, or at any time was, inconsistent with normal personal usage patterns or you exceed the fair usage practices set in this agreement. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the service or the device was inconsistent with normal personal use or the fair usage patterns set out below. Fair usage will be defined as: monthly usage by all the users and averaged out, if you are over the average you will pay regular rates for the usage and it will be defined as abuse of service. These limits are monthly and reset on your billing date. We reserve the right to shut down services if you cross these limits. Furthermore, the wireless code will take precedence over this policy. Fair usage will be defined as: monthly usage by all the users and averaged out, if you are over the average you will pay regular rates for the usage and it will be defined as abuse of service.
9-1-1 SERVICES DISCLAIMER PLEASE READ CAREFULLY
Easytel facilitates telephone calls using VoIP (Voice Over Internet Protocol) technology. VoIP technology, although similar in functionality to traditional voice technology, creates unique limitations and circumstances related to emergency 9-1-1 services.
Differences to Traditional Telephone Service:
There are important differences between traditional 9-1-1 telephone services and the services provided by Easytel application as outlined below.
IT IS REQUIRED THAT CUSTOMERS REVIEW THE SECTION BELOW IN ITS ENTIRETY
9-1-1 Mobile VoIP Locating Limitations:
VoIP telephone numbers are associated with a specific address for the purpose of locating the caller in the event of a 9-1-1 emergency. The address associated with the VoIP telephone number is provided by the customer upon registration. Because Easytel is a mobile VoIP service it may be likely that the caller location will be other than the address specified for 9-1-1 purposes. This could present a danger if the caller is unable to communicate their location to the 9-1-1 operator due to an existing or onset medical condition.
Options for placing 9-1-1 emergency calls:
Option 1: Placing 9-1-1 calls using the regular dialer:
When your smartphone’s regular dialer is used, the dependence on VoIP technology is removed and the call is transmitted through a traditional voice network which allows the 9-1-1 operator to pinpoint your exact location. In the event that you’re not able to communicate your exact location, 9-1-1 operators would still be able to locate you. Important - if you’re in a geographic area that does not support enhanced 9-1-1 services, you will not be automatically located unless you communicate your location to the operator verbally.
Please note - in order to use the native dialer to place 9-1-1 emergency calls a working sim card must be properly installed in your smartphone.
Option 2: Placing 9-1-1 calls using the Easytel App:
You may place 9-1-1 calls using the Easytel App however if you are to place 9-1-1 calls using the Easytel app it is important to understand the limitations as detailed below.
If the Customer makes a 9-1-1 emergency call using the Easytel app, the Easytel app will attempt to automatically route the Customer’s 9-1-1 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to the Customer’s address of record on his or her account. However, due to the limitations of the VoIP telephone services, the Customer’s 9-1-1 call may be routed to a different location than that which would be used for traditional 9-1-1 dialing. For example, the Customer’s call may be forwarded to a third-party, specialized call centre that handles emergency calls. This call centre is different from the PSAP (Public Safety Answering Point) that would answer a traditional 9-1-1 emergency call, which has automatically generated the Customer’s address information. Consequently, the VoIP Customer will be required to provide his or her name, address, and telephone number to the call centre operator.
Easytel will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with the Customer’s account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain the Customer’s name, phone number or physical location. Therefore, when making a 9-1-1 emergency call using the Easytel App, the Customer must be prepared to immediately (confirm and) inform the dispatcher of his or her location and call-back number (or the location of the emergency, if different), since the operator may not have this information. If the Customer is unable to speak, the dispatcher may not be able to locate him/her if the Customer’s location information is not up to date. Failure to keep information current may result in the emergency operator assuming that the customer is physically at the last registered address.
Correctness of information:
The Customer is responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) for his or her account online by signing in at www.myeasytel.com. Please note - the address provided will be the default address referenced for 9-1-1 emergency services.
If the Customer does not correctly identify the actual location where he/she is located, or if the Customers account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site.
For example, if the Customer changes the address from which he or she uses their Easytel service, access to 9-1-1 service will not function properly. Upon moving to a new address, or change of use of Easytel service, the customer must immediately notify and advise Easytel via the Easytel Online Account Portal with the most current location information.
Failure to advise Easytel of any changes will adversely affect the ability to access the 9-1-1 Service.
During the 9-1-1 call, the Customer must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have the Customer’s number or contact information.
If the Customer is inadvertently disconnected, he/she must call back immediately.
For technical reasons, including network congestion, it is possible that a 9-1-1 emergency call placed using the Easytel App will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls.
9-1-1 calls may not function:
For technical reasons, the functionality of 9-1-1 VoIP emergency calls when using the Easytel App may cease or be curtailed in various circumstances, including but not limited to:
if your VoIP service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues, network or Internet congestion,
network or Internet outage in the event of an internet outage; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 9-1-1 emergency calls;
Inform other users:
The Customer must ensure full understanding of the 9-1-1 service limitations and is responsible for notifying, and agrees to notify, any user or potential users of VoIP services aware of the nature and limitations of 9-1-1 emergency calls on the VoIP services as described herein.
Customers are advised to review this section with respect to Easytel’s limitations of liability.
BY ACCEPTING THESE TERMS, THE CUSTOMER CONFIRMS THAT THEY HAVE READ AND UNDERSTOOD THESE 9-1-1 SERVICE DIFFERENCES and THE CUSTOMER ACCEPTS Easytel VoIP SERVICES ON THESE TERMS, AND HEREBY WAIVES ANY AND ALL CLAIMS OR CAUSES OF ACTION AGAINST Easytel, ITS AFFILIATES, UNDERLYING PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS, LICENSORS, AND SUPPLIERS ARISING FROM OR RELATING TO THE Easytel 9-1-1 SERVICE. THE CUSTOMER ALSO AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE ABOVE PERSONS FROM ANY SUCH CLAIMS FOR DAMAGES, INCLUDING LEGAL FEES. THE CUSTOMER’S WAIVER AND INDEMNITY IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.