LEGAL
This disclaimer is intended to protect our clients as well as ourselves. By purchasing our services and/or goods, you have become a PirayaTel customer, and you acknowledge and agree that you have read and understood, and are legally bound by the terms outlined below.

WEBSITE
PirayaTel takes no responsibility for viruses that may damage your computer system or data resulting from your access to or use of this website. PirayaTel makes no representations or warranties with respect to the services, products or programmes offered on this website and disclaims any responsibility for damages resulting from the use of its services, products or programmes including, without limitation, present or future, actual or anticipated, collateral, ancillary, situational, special or substantial damages, damages relating to loss of revenue, business interruption or business loss, loss of contracts/clientele/services/goods, reputational loss, information loss, loss of use, or any other losses which may arise through the use of PirayaTel's services, products or programmes. PirayaTel disclaims any responsibility or liability in the event that this website is interrupted due to circumstances beyond PirayaTel’s control. PirayaTel may make changes to the materials on this website at any time and without notice. PirayaTel makes no commitment to update the materials on this website.

THIRD PARTIES
PirayaTel does not endorse or recommend any references and links made on this website to any third-party websites, products, services or offerings. PirayaTel is not responsible for any hyperlinks to any third party websites or to the contents thereof.

CUSTOMER ACCOUNT
Any unauthorized attempts made to subvert or infiltrate the PirayaTel system for any purpose whatsoever are strictly prohibited. In the event of any such attempts, whether or not successful, PirayaTel reserves its right to avail itself of all recourses available to it in equity and in law.

Site visitors who purchase services and/or hardware from PirayaTel assume all risks associated with or otherwise pertaining to said services. PirayaTel reserves the right to change its prices without notice.

All customers are responsible for their own passwords. PirayaTel strongly recommends that all passwords be at least 15 characters in length and contain a combination of uppercase, lowercase and numbers.

PirayaTel is not responsible for any unauthorized use of customer accounts.

APPLICABLE LAWS
This website is operated and controlled by PirayaTel from its offices and resides on servers located within Canada, but can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. You agree that the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with this website and with your use of PirayaTel's products and services, and that the Courts of the Province of Ontario shall have jurisdiction.

ON-SITE INSTALLATION PROCEDURE
Services rendered at the site of installation, unless otherwise noted, incur an initial fee of $300 for delivery and on-site installation, setup and testing. The initial fee includes one hour for installation. Any additional time spent on site which exceeds the initial one hour will incur additional fees at the rate of $150/hour. The installation will be performed as timely and as efficiently as possible.

To improve the efficiency of the installation, please ensure that the following conditions are met prior to the installation date:
  1. The location must have a broadband internet connection with an existing networking infrastructure.
  2. Ethernet cables (wired network connectivity) must be available to every phone location.
  3. 2 available router connectivity ports (to accommodate PirayaPBX hardware and if necessary a fax adapter).
  4. 2 power outlet availability to all device locations (to accommodate large AC adapters).
  5. Administrator privileges (password and username) to your network must be available.

Failure to ensure a proper networking state which results in an incomplete on-site installation may incur an ‘installation rescheduling fee’ of $300. To avoid this charge, confirm that the available networking infrastructure complies with the above specifications. Contact a PirayaTel representative no less than 24 hours prior to the installation date with any questions regarding the state of your network. PirayaTel is able to perform basic network setup if necessary. PirayaTel will impose additional charges for any basic network setup performed by it. The complexity of the on-site situation will be assessed by, and determined at the sole discretion of the PirayaTel employee(s) responsible for the basic network setup, and will dictate the extent of any additional charges incurred. If PirayaTel must provide additional hardware, then a maximum of cost-plus 50% will be levied. Additional fees may be levied in the event that installation is prolonged due to on-site conditions, or in the event that an additional date must be scheduled to complete the installation. Moreover, if for any reason an installation cannot be completed due to conditions beyond PirayaTel’s control, an ‘installation rescheduling fee’ may apply.

HARDWARE DEPOSIT
A non-refundable deposit of an amount equal to 25% of the agreed costs of the hardware (excluding service costs) is required prior to PirayaTel undertaking any installation procedures. This deposit shall be applied by PirayaTel against the cost of hardware purchasing and ordering and in-house configuration.

FAIR USE POLICY
PirayaTel reserves the right to charge additional usage fees if your total monthly usage (“Fair Use”) exceeds that outlined below. PirayaTel further reserves the right to terminate your service forthwith, in the event that it is determined that your use of the service is, or at any time was, in violation of PirayaTel's ethical use policy (the “Ethical Use Policy”) outlined below.

FAIR USE
Any defined unlimited calling destination(s) included in any of PirayaTel's subscribed line services are subject to the Fair Use limit of 3,000 minutes per line per monthly billing cycle. Overflow and internal calls are not counted against the Fair Use limit. PirayaTel reserves the right, in its sole discretion, to charge additional fees and/or to suspend an account for any breach of its Fair Use limit. Additional fees will be billed on a per-minute per-destination basis and are non-negotiable.

ETHICAL USE
PirayaTel phone service is subject to PirayaTel’s Ethical Use Policy and accordingly PirayaTel reserves the right, in its sole discretion, to terminate or to suspend an account discovered to be using the service in a manner which is not deemed to be in accordance with PirayaTel's Ethical Use Policy. Suspension or termination of an account may occur for any one or more of the following reasons: continuous connectivity, fax broadcasting, fax blasting, junk faxing, fax spamming, call spamming, resale, call center usage, LCR routing, illegal usage, harassment, fraudulent usage, abusive, threatening, vulgar, obscene, or otherwise actual or reasonably foreseeable offensive or abhorrent usages.

SERVICE
Subscription service is billed in monthly increments. Any additional usage charges such as Overflow, long distance or toll-free will appear on the invoice. Initial subscription fees will be pro-rated until the end of the month, after which full payment for line service will be billed. Unless prohibited by law, PirayaTel may change the terms and conditions of an account’s service plan (pricing and/or features) at any time, with or without notice. If notice is provided, it will be communicated to the customer through email, telephone, PirayaTel account page, or by other legal methods.

Pay-Per-Use service is billed on a per-use basis and requires a positive account balance in order to function (pre-paid). PirayaTel is not responsible for service interruption due to insufficient account balances. It is each customer’s duty to ensure that their credit notification amount is set at an appropriate amount and that their account contains a sufficient balance. PirayaTel will not be held accountable for any charges or losses stemming from third parties and/or other organizations as a result insufficient account credit or funds.

Please note that all PirayaTel users are responsible for any and all traffic and fees originating from their phone system.

SERVICE CANCELLATION
Customers must provide PirayaTel with at least 14 calendar days' prior written notice of cancellation of the service. Upon providing PirayaTel with such notice of cancellation, the customer acknowledges that its service will be cancelled on the business day immediately following the expiration of such 14 calendar-day delay (the "Effective Date of Cancellation"). Customers are responsible for all outstanding balances, all charges, including Overflow charges, long distance, directory assistance, and billing cycle charges incurred up to the Effective Date of Cancellation and for any additional charges incurred or to be incurred until the end of the then-current billing cycle, in the event that the Effective Date of Cancellation falls within a billing cycle. Paid charges will not be refundable. No refunds or credit will be provided. In addition to the charges set out above, a line cancellation fee of $30 per line subscription and $75 per Pay-Per-Use subscription may apply. If the customer has entered into a service contract with PirayaTel, contract cancellation fees may apply in the event of a cancellation prior to the agreed contract termination date.

On-site service calls incur a base fee of $300 which will include a minimum of one hour of service. Additional time spent on-site incur a minimum fee of $150/hour.

OVERFLOW USAGE
Any subscriber of phone lines with Overflow feature is subject to the fees and charges associated with Overflow call usage. Calls are deemed to be "Overflow" when they are either made or received when all subscribed Phone Lines are in use. All Overflow calls are subject to a connection fee and to a per minute fee (based on destination).

NUMBER TRANSFER
When requesting a number port/transfer, customers should not cancel their existing phone service. The number porting process can take approximately 5-15 business days to complete. Cancellation prior to number port completion may result in further delays. PirayaTel accepts no liability or responsibility whatsoever for delays resulting from cancellation prior to number port completion. The phone number transferring process could result in slight interruption of phone service.

30-DAY GUARANTEE
PirayaTel offers a 30-day money back service guarantee. If within 30 days you are unsatisfied with the service provided by PirayaTel, we will do everything possible to rectify the issue at hand. If we are unable to correct any issues, and you wish to cancel your phone service, we will reverse any subscription charges (or deposited funds less usage) for your first month of service if the terms of our Satisfaction Guarantee are met.

TERMS OF SATISFACTION GUARANTEE Any additional fees incurred while using PirayaTel’s services (such as long distance charges, overflow usage, toll-free, directory assistance and E911) will not be reimbursed and will be deducted from the total reimbursement amount otherwise payable to the customer.

LONG DISTANCE
Long Distance charges are billed in per-minute increments. Long distance fees may vary in price depending upon the country/location/device called. Charges may apply regardless of whether or not the called party picks up the call. Certain destinations may be billed at different rates depending on the number called. Many countries have higher per minute fees associated with mobile devices. Each customer accepts full responsibility for any and all long distance charges made on its service account. PirayaTel is not responsible for any fees incurred while making a long distance call. Certain destinations may not be reachable due to reasons beyond the control of PirayaTel. PirayaTel is not responsible for any losses incurred due to a destination or to a number being unreachable. Unreachable numbers should be immediately reported to PirayaTel.

HARDWARE
PirayaTel guarantees that all hardware products will function without defects for the first 30 calendar days from delivery. If any product is found to be defective within the first 30 calendar days, PirayaTel will replace the hardware in question. After 30 calendar days, the customer is responsible for the hardware in its possession, and must make any claim(s) directly to the manufacturer of said product. PirayaTel is not responsible for hardware which has been tampered with, is visibly damaged, or has been otherwise altered in any manner. PirayaTel does not offer refunds for hardware under any circumstances. PirayaTel adopts an explicit no-return policy.

PAYMENT
Payment in full of the outstanding balance of PirayaTel’s installation charges, including any additional charges, shall be remitted to PirayaTel upon completion of the installation process. PirayaTel accepts payment in cash, email money transfer, certified cheque, bank draft, or VISA/Mastercard. Personal Cheques are not accepted. PirayaTel will not be held responsible for any damages or third party charges due to service cancellation as a result of insufficient funds. Once an order has been placed and is accepted by PirayaTel, no refund will be given for any activation, installation, setup, or usage fees, regardless of whether or not used or implemented, as applicable. Account credits, if any, are given in PirayaTel’s sole discretion. Unless otherwise explicitly stated, pricing is exclusive of applicable taxes.

PirayaTel upholds the security and confidentiality of your information at all times. PirayaTel uses Secure Socket Layer protocol to relay delicate information. The same technology is used by banks, governments, and reputable sites such as eBay and Amazon.com.

E911 SERVICES
E911 SERVICES ARE MANDATORY AND INCUR ADDITIONAL MONTHLY FEES. DUE TO THE NATURE OF VOIP SERVICES OFFERED BY PIRAYATEL PLEASE NOTE THAT E911 ACCOUNT INFORMATION MUST BE ACCURATE AND MUST REFLECT THE LOCATION OF YOUR PHONE SYSTEM (HARDWARE MODEL ONLY) OR MAIN OFFICE LOCATION. INACCURATE INFORMATION AND E911 USAGE WILL RESULT IN PENALTY FEES AS THEY WILL BE CHARGED BY OUR E911 PROVIDER. NOTE THAT REMOTE USERS STILL HAVE ACCESS TO E911 CAPABILITIES, HOWEVER THEY MUST BE AWARE THAT THE ACCOUNT DETAILS PERTAIN TO THE LOCATION OF THE PHONE SYSTEM (HARDWARE MODEL ONLY) OR MAIN OFFICE. PIRAYATEL EXPLICITLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND WARRANTY REGARDING E911 SERVICES.

E911 Services have inherent limitations. Be aware that instances such as power outages, internet outages, incorrect phone configurations, faulty phones, networking failures or issues, and other scenarios can prevent your E911 service from working properly. Since E911 is an emergency service which is subject to interruption and disruption, customers should always have an alternate means of contacting emergency personnel in the event of an emergency. E911 services provided by PirayaTel are not guaranteed to work with existing security systems, televisions, medical equipment, and other devices.

It is up to the account holder to verify and confirm the accuracy and completeness of any and all account information pertaining to the E911 services. Customers must keep an up to date record of their current location, and it is their sole responsibility to maintain the accuracy of the account location. E911 services are provided as a means of contacting emergency personnel in the event of an emergency. Abusing said service whether by accident or otherwise may incur additional fees, account termination or suspension, and/or the involvement of law enforcement.

SUPPORT SERVICES
Pirayatel is able to provide both on-site and remote support services.

REMOTE SUPPORT SERVICE SESSION
Remote access services are provided at your sole risk. PirayaTel's remote support service is provided on the following terms and conditions.

By requesting and accepting a remote support service session, you agree to pay an hourly fee of $100 (billed in 30 minute increments after the first hour), unless otherwise noted.

By requesting and accepting a remote service session from a PirayaTel representative to remotely assist you with phone system or device issue, you accept responsibility for any changes made to the device/system settings in question. PirayaTel does not assume and is not responsible for any liability for the connecting and viewing of any system content.

Your system settings and data is important to us. However, PirayaTel is not responsible for any data loss occurred during or after a remote support session. If you require a backup procedure for your system settings and data, please contact PirayaTel for further assistance. PirayaTel continuously undertakes the utmost care when in use of your computer. However, PirayaTel cannot guarantee that our remote support service will resolve your problem or that attempting to rectify your technical issue will not cause additional problems requiring additional support. Any and all on-site service calls, if required, will incur a fee.

Furthermore, PirayaTel makes no warranties of any kind with regard to the support services provided. In no event shall PirayaTel be liable for any special, indirect or consequential damages or any damages whatsoever incurred during or after a support service session.

PirayaTel offers e-mail support free of charge. E-mail support inquiries will be answered within 48 hours. PirayaTel cannot guarantee that the nature of the problem can be accurately addressed or solved via e-mail communications. On-site or remote support may be necessary in some circumstances.

CONFIDENTIALITY
PirayaTel will only use your personal information to help improve your PirayaTel experience, whether through direct contact or via email. Your personal information is accessible by authorized PirayaTel personnel only. Unless legally obliged to do so, PirayaTel will not sell or release your personal information without your prior explicit consent.

This privacy policy applies for as long as PirayaTel remains in operation. It applies whether or not PirayaTel decides to continue to operate (under the same or under a different name) in the future.

NO LIABILITY
PIRAYATEL CUSTOMERS HOLD PIRAYATEL, AND ITS DIRECTORS, EMPLOYEES, AGENTS, OFFICERS, REPRESENTATIVES, CONTRACTORS, AND VENDORS (“PIRAYATEL MEMBERS”) HARMLESS FROM AND AGAINST ALL LIABILITIES, COSTS (INCLUDING EXPENSES AND COSTS PERTAINING TO LITIGATION, ATTORNEYS FEES AND OTHER REASONABLE FEES),CLAIMS, DAMAGES, INJURIES, AND LOSSES INCURRED BY PIRAYATEL MEMBERS WHICH ARE THE RESULT OF A VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT, OF PIRAYATEL’S ETHICAL USE POLICY, OR OF ANY OTHER ABUSE OR MISUSE OF THE SERVICE RENDERED. . PIRAYATEL CUSTOMERS HOLD PIRAYATEL MEMBERS HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS PERTAINING TO A LOSS OR FAILURE OF SERVICE AND/OR HARDWARE INLCUDING, WITHOUT LIMITATION E911 SERVICE.

PIRAYATEL PROVIDES THE SERVICE “AS IS”, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES AND CONDITIONS OF COMPLETENESS OR PRECISION OF THE CONTENTS OF THE WEBSITE, SERVICES, AND PROGRAMMES’ MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. IN NO EVENT WILL PIRAYATEL OR ANY PIRAYATEL MEMBERS BE LIABLE FOR ANY COSTS OR FEES ARISING FROM ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, AGGRAVATED, CONSEQUENTIAL OR COMPARABLE DAMAGES OR OBLIGATIONS WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFIT, DATA, PROFIT, CLIENTS, BUSINESS, INFORMATION, OR SERVICES) WHICH PERTAINS TO A LOSS OR LOSS OF USE OF THE SERVICE IN REGARDS TO THE AGREEMENT, WHETHER ORIGINATING IN LAW, CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE IN ACCORDANCE TO THE ABOVE DESCRIPTIONS), UNDER STATUTE, WARRANTY, OR OTHER POSSIBILITIES REGARDLESS OF WHETHER PIRAYATEL HAS BEEN MADE AWARE OF THE POSSIBLE OCCURRENCE OF SUCH DAMAGES.

PIRAYATEL AND PIRAYATEL MEMBERS ARE FURTHERMORE EXPRESSLY HELD HARMLESS FROM LIABILITY (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFIT, DATA, PROFIT, CLIENTS, BUSINESS, INFORMATION, OR SERVICES) RELATING TO SERVICE, SERVICE OUTAGES, INTERFERENCE, INTERRUPTIONS AND/OR INOPERABILITY, REGARDLESS OF THE AMOUNT OF DAMAGES INCURRED AND WHETHER OR NOT ORIGINATING IN LAW, CONTRACT, EQUITY, TORT, UNDER STATUTE, WARRANTY, OR OTHER EVENTS, REGARDLESS OF WHETHER PIRAYATEL HAS BEEN MADE AWARE OF THE POSSIBLE OCCURRENCE OF SUCH DAMAGES AND INCLUDING E911 SERVICES AND THE INABILITY TO USE 911 OR CALL ANY OTHER EMERGENCY NUMBERS WHATSOEVER USING SERVICE DUE TO THE LIMITATIONS OF E911 EXPRESSED IN THIS AGREEMENT.

ALL PIRAYATEL CUSTOMERS ARE RESPONSIBLE FOR ANY AND ALL CHARGES INCURRED FROM THEIR ACCOUNT.

Any unauthorized account use shall be the sole responsibility of the customer. PirayaTel will not be liable for any losses incurred due to, without limitation, inappropriate, unauthorized, illegal, or malicious use of its service.

PirayaTel is unable to and cannot control the quality of voice data and other data to or from the network and other areas of the internet. The flow of data is largely dependent on third party institutions providing internet services. Similarly, internal network usage may affect call quality and overall functionality of a customer’s phone service and system, and this is not within PirayaTel’s control . Instances may occur which affect the quality of service which is beyond PirayaTel’s control and the service it provides. Customers are responsible for securing their own networks and ensuring its efficiency and functionality. PirayaTel expressly disclaims any and all liability arising from said and similar instances.

The foregoing applies to the maximum extent permitted by law. Any warranties made do not apply to testing software, beta or alpha software, software made for demonstrations, or prototype hardware or any kind and is provided “as is”.

This agreement and any and all related documents are drafted in English, and in the event of translation, the English version will govern.

PIRAYATEL RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY OR ALTER THE TERMS AND CONDITIONS OF SERVICE SET OUT HEREIN AT ANY TIME. THE MOST RECENT VERSION OF THESE TERMS AND CONDITIONS WILL ALWAYS BE MADE AVAILABLE AT WWW.PIRAYA.COM/LEGAL.PHP. ANY MODIFICATIONS ARE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SUCH WEB ADDRESS. CUSTOMERS WHO DO NOT AGREE TO THIS AGREEMENT, ITS REVISED TERMS AND CONDITIONS MUSTTERMINATE THEIR SERVICE AGREEMENT WITH PIRAYATEL. CONTINUING TO USE PIRAYATEL’SSERVICE AFTER A REVISED AGREEMENT HAS BEEN POSTED INDICATES AND CONSTITUTES A CUSTOMER’S UNDERSTANDING AND ACCEPTANCE OF PIRAYATEL’S THEN-CURRENT TERMS AND CONDITIONS OF SERVICE, AND IS EVIDENCE OF SUCH CUSTOMER’S AGREEING TO BE BOUND THEREBY.