Terms of Conditions

References to "you" in this Agreement, means the customer whose name appears on the invoice for the Surf Media Digital Phone service provided by Surf Media Inc for residential services and any related services (the "Service" or the "Services").

Service features

You acknowledge and understand that the Service is not a traditional telephone service. The Service connects to the Internet through an interface device or adapter (the "Equipment") and not to a traditional telephone line. There are differences between the Service and a telephone service. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

Limitations to 9-1-1 Emergency services

You acknowledge and understand that the Service is not a traditional telephone service. The Service connects to the Internet through an interface device or adapter (the "Equipment") and not to a traditional telephone line. There are differences between the Service and a telephone service. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

Intermediate call centre

Due to the "nomadic" nature of Digital Phone and the availability of "geographically independent" telephone numbers, Surf Media and/or its service providers route 911 calls to intermediate "live" Emergency Response Operators. These Emergency Response Operators are different from the public safety answering point that would answer a traditional emergency 911. The Emergency Response Operator will ask callers to confirm their call back number and location. The caller must be prepared to confirm his or her location and call-back number with the operator. The Emergency Response Operator will then transfer the caller to the emergency service agency that serves the caller's location. You hereby authorize Surf Media Inc, its agents and its service providers to disclose your name and address to third party service providers, including, without limitation, call routers, call centres and public service answering points, for the purpose of dispatching emergency service personnel to your registered location.

Intermediate call centre

Due to the "nomadic" nature of Digital Phone and the availability of "geographically independent" telephone numbers, Surf Media and/or its service providers route 911 calls to intermediate "live" Emergency Response Operators. These Emergency Response Operators are different from the public safety answering point that would answer a traditional emergency 911. The Emergency Response Operator will ask callers to confirm their call back number and location. The caller must be prepared to confirm his or her location and call-back number with the operator. The Emergency Response Operator will then transfer the caller to the emergency service agency that serves the caller's location. You hereby authorize Surf Media Inc, its agents and its service providers to disclose your name and address to third party service providers, including, without limitation, call routers, call centres and public service answering points, for the purpose of dispatching emergency service personnel to your registered location.

Registration of physical location required

You must register the physical location at which each phone number provided for the Service will be used. Unless advised otherwise by the caller, the Emergency Service Operator will assume that the caller is located at your registered address for the Services. Should you choose to either temporarily or permanently operate the Services from a location other than the registered address, any 911 call made may be routed to an emergency centre near your registered addressunless you advise the Emergency Service Operator that you are at another location. You agree to notify Surf Media immediately should you intend to change the location or address from which the Service is used.

Presumption of location

In the event that a caller to 911 cannot speak, the Emergency Service Operator may assume that the caller is located at the address provided by you as your registered address for the Services;

Network congestion

The Service may suffer a greater possibility of network congestion and/or reduced speed in the routing of a 911 call as compared to traditional 911 dialling over traditional public telephone networks.

Service outages

You acknowledge and understand that the Service, INCLUDING 911 SERVICE, will not work: (a) during outages, suspensions or termination of the broadband internet service for any reason; (b) in the event of a power failure or disruption; (c) in the event of a suspension or termination of the Service for any reason; (d) if your internet service has blocked ports or if there are other problems which otherwise impede the usage of the Service.

Other differences

Not all long distance calls prompt you to dial "1"; however, all calls outside of the local calling area will be subject to a long distance charge. The local calling area is regulated and may change from time to time.

Operator services

Surf Media offers Operator assisted calling for long distance ("0") as well as 911 and 411services.

Hearing impaired assistance services.

Surf Media provides hearing impaired assistance services to assist with the placing of calls to or from persons who use a special telecommunication device for the deaf. This service enables customers to communicate with deaf and hard of hearing customers by a message relay service between the device and conventional phone users.

Surf Media' calling plans

The Surf Media Unlimited North America Calling Plan applies to direct dialled long distance calls in North American (which does not include Hawaii, Alaska, Yukon, Puerto Rico, Northwest Territories or Mexico). Surf Media reserves the right to terminate enrolment in this plan. Overseas calls terminating on a wireless phone or audio text facilities may be subject to higher rates.

Services not available

Collect calls and 1-900 calls are not available with the Surf Media Digital Phone. Chat lines, data, fax, commercial use and/or long distance calls made using call forwarding and 3-way calling are prohibited. International long-distance calls to mobile/cellular/specialty numbers, including international services such as premium services, international pages services, international audio-to-text messaging services and non-geographic or satellite phone numbers are not included in the monthly rate.
Surf Media' local and long distance services are a bundled service; that is, it is not possible for Surf Media to provide either of these services to a customer on a stand-alone basis so that the customer can use Surf Media for one of these services and another telephone service provider for the other service.

Directory listing

Your name, address and phone number will be published in the telephone directory for your area unless you advise otherwise. In the case of errors or omissions in your name, address and telephone number in the directory listings, Surf Media is only responsible to provide you with a refund or credit equal to the charges associated with the listing for the period during which the error or omission occurred and only if Surf Media was responsible for the error or omission.

Incompatibility with other services

The Service may not be compatible with some home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system. You may be responsible for assisting Surf Media in contacting the alarm company to determine the compatibility of any alarm monitoring or security system with the Services.

Porting of your existing number

If you wish to retain your existing telephone number at the time you transfer your telephone services to Surf Media, and your telephone number meets the requirements for transfer, you will appoint Surf Media as your agent for the process and you will be responsible for providing specific and accurate information regarding your former telephone service.

Installation Cancellation

Cancellation refunds are not permitted because the installation fees are paid to large telecom partners to connect the lines.

The installation fees are NOT refundable

5% credit card processing fees are charged for all refunds

Refunds

Refunds for equipment can be issued for returns done within 15 days of their delivery date. There is 5% credit card processing fees charged for all refunds.

Change of Service Level

The customer can ask for changing the service level at anytime. There is a $20 charge for processing the change.

Pre-paid Internet Services

Customers who pre-pay for yearly Internet Services can disconnect the service at anytime; however, if disconnection happens before end of first year, the installation fees will be charged, plus 5% is charged for the credit card processing fees and the rest of un-used amount will be refunded back to the customer.