Terms & Conditions
1.
Subscriber will submit the information sheet as set out in the form containing instructions for servicing Subscriber’s account, and any updated or revised instructions for servicing Subscriber’s account only to admin@oncallcentre.com. Verbal requests will not be accepted.
2.
Time billed is comprised of any and all time incurred on behalf of servicing your account, and will be billed in six-second increments.
3.
Subscriber will not use the Services for any illegal or illegitimate purpose.
4.
Subscriber may cancel Services only by written notice to the below email, 30 days in advance of the next month. There is a minimum service period of 3 months from the date service actually begins, after which the contract will renew annually. Annual rate increases will apply. On Call reserves the right to cancel the Services at any time upon 30 days’ written notice.
5.
Monthly invoices are sent electronically around the 23rd of each month. Basic rate is billed in advance, additional usage in arrears. If payment not received by 20th of month following billing, Subscriber agrees to pay a service charge of 2% per month – minimum $3.00.
6.
The obligations of On Call will be suspended, and On Call shall not be liable or responsible to Subscriber nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when such failure or delay is cause by or results from: 1) any act or omission of the Subscriber; or 2) any acts of God, fire, storms, accidents, governmental or civil actions or inactions or regulations, floods, power failures, or by any other cause or reason whatsoever not imputable to the gross negligence of On Call.
7.
While On Call will make all reasonable efforts to effectively perform the Services, Subscriber agrees that On Call will in no event be liable to the Subscriber or any third party for any errors of omission or commission, or for any action or failure to act whatsoever. The Subscriber shall indemnify and hold On Call harmless from and against any and all claims, expenses, liabilities, costs, accounts, charges actions, demands and damages of any nature whatsoever from any third party arising directly or indirectly from the performance of the Services. On Call’s aggregate liability arising out of or related to this Agreement, whether by breach of contract, tort (including negligence of any kind), or otherwise, is limited to the fees paid by the Subscriber in the last twelve months, provided however that this limitation shall not apply to liability arising from the Service Provider’s gross negligence or wilful misconduct. Notwithstanding anything else contained herein, On Call is not responsible for any indirect or consequential damages, including without limitation lost profits or data. On Call makes no warranty whatsoever with respect to the Services including any warranty or condition of merchantability, warranty or condition of fitness for a particular purpose, warranty of title or warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage, of trade or otherwise.
8.
This Agreement, including Schedule A attached hereto, represents the entire agreement between the parties and supersedes all prior understandings, agreements, representations, warranties and communications, whether written or oral. These terms and conditions may be altered or deleted by On Call upon 30 days’ written notice to the Subscriber. These terms and conditions without On Call’s written consent in its sole and absolute discretion. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement shall be governed and construed in accordance with Ontario law and the federal laws of Canada applicable therein.
