Phone Maverick Terms & Conditions

Introduction

The following terms and conditions apply to Phone Maverick’s provision of home phone telephony service (the "Service"), and sets out the basic rights, obligations and limitations of Phone Maverick to its subscribers (each a "Subscriber"). All of the terms and conditions contained herein (hereinafter referred to as "Terms") bind both Phone Maverick, and the Subscriber, and are subject to change from time to time, at the sole discretion of Phone Maverick, without any prior notice to the Subscriber.

1. Service

a) You acknowledge and understand that the Service is not a traditional telephone service. The Service connects to the Internet, and not a telephone line. There are IMPORTANT DIFFERENCES between regular telephone service and the Service offering provided by Phone Maverick as set out in these Terms and Conditions.

b) All the Services are provided "as is” without any warranties or conditions of any kind other than as expressly provided for herein. While we strive for perfection and typically maintain 99% or better network availability, we do not guarantee that our Services will be uninterrupted or available at all times. We are also not liable for any harm, damages, and expenses, loss of profits or opportunities that are caused through the use or reliance on our services, regardless of cause. All of our responsibilities and obligations, with respect to the delivery of the Services, are more particularly limited below

2. 911/e911 Service Information and Limitations

a) 911 Service Differences

911 service associated with the Service HAS CERTAIN DIFFERENCES AND LIMITATIONS COMPARED WITH THE TRADITIONAL 911 SERVICE THAT IS AVAILABLE ON MOST TRADITIONAL TELEPHONE SERVICES, WHICH ARE SET OUT BELOW:

b) 911 Call Response Differences

Traditionally, dialing 911 anywhere within Canada or the United States from a business or residential landline routes your call to a local Public Safety Answering Point (PSAP) dispatcher who is trained to aid you in emergency situations by dispatching emergency medical, fire and law enforcement agencies to your location. The dispatcher is instantly provided with your physical address information.

Phone Maverick 911 Service differs from traditional 911 services due to limitations brought on by VoIP technology. It is nearly impossible to detect where a call originates from when placed over the internet. e911 allows users to associate physical addresses with their phone numbers, allowing them to have service similar to traditional 911.

When an emergency (911) call is placed over our VoIP network, the physical address you will enter at the time of registration for a specific phone number will be passed along to your local PSAP providing the dispatcher with the exact location where help is required.

You may be required to provide your name, telephone number and address to the dispatcher. If you are unable to communicate during the call, emergency response will be dispatched to the last service address you registered with Phone Maverick. If your emergency call is disconnected, you should dial 911 again.

c) Non-Availability of Service

YOU ACKNOWLEDGE AND UNDERSTAND THAT DURING SERVICE OUTAGES BY YOUR BROADBAND INTERNET SERVICE PROVIDER, OR FOR ANY REASON WHATSOEVER, THE SERVICE, INCLUDING 911 SERVICE, WILL NOT WORK. IN THE EVENT OF A POWER FAILURE, THE SERVICE, INCLUDING 911 SERVICE, WILL NOT WORK. IF THERE IS AN INTERRUPTION IN THE POWER SUPPLY, THE SERVICE, INCLUDING 911 SERVICE, WILL NOT FUNCTION UNTIL POWER IS RESTORED. A POWER FAILURE OR DISRUPTION MAY REQUIRE YOU TO RE-SET OR RECONFIGURE EQUIPMENT PRIOR TO USING THE VoIP SERVICE. SERVICE OUTAGES, DUE TO SUSPENSION OF YOUR ACCOUNT AS A RESULT OF BILLING ISSUES, WILL PREVENT YOUR SERVICE, INCLUDING 911 SERVICE, FROM FUNCTIONING. 911 SERVICE IS NOT SUPPORTED IN THE EVENT THAT VOIP SERVICE IS USED OUTSIDE OF CANADA.

REGISTRATION OF SERVICE ADDRESS: YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU ARE REQUIRED TO KEEP THE ADDRESS, FROM WHICH YOU USE YOUR VOIP SERVICE, CURRENT WITH PHONE MAVERICK AT ALL TIMES. If you change the address from which you use your VOIP Service, or take the equipment to another location, YOU MUST IMMEDIATELY ADVISE PHONE MAVERICK and we will UPDATE the address from which you use your VoIP service. IF YOU ARE UNABLE TO COMMUNICATE DURING AN EMERGENCY CALL, EMERGENCY RESPONSE WILL BE DISPATCHED TO THE LAST SERVICE ADDRESS PROVIDED BY YOU. YOU ACKNOWLEDGE AND UNDERSTAND SHOULD YOU FAIL TO KEEP YOUR VOIP SERVICE ADDRESS CURRENT, Your ability to access 911 in the event that you are unable to communicate during an emergency call will be adversely affected.

INFORMING OTHER SERVICE USERS OF THE 911 SERVICE LIMITATIONS: You acknowledge and understand that it is your responsibility and obligation to inform all users and potential users of the differences and limitations of the 911 Service. You should inform any household residents, guests and other persons who may be present at the physical location where you utilize the Service, of the important differences in and limitations of 911 Dialing, as compared with e911 Dialing, as set out above.

YOU ACKNOWLEDGE AND AGREE THAT PHONE MAVERICK AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS, WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING TO THE 911 SERVICE AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PHONE MAVERICK (AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS) FOR ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES AND EXPENSES, (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) WHICH YOU MAY SUFFER OR INCUR, ARISING DIRECTLY OR INDIRECTLY OUT OF OR RELATING TO YOUR FAILURE TO OBTAIN ACCESS TO 911 SERVICE. More particularly, we do not have any control over whether, or the manner in which, calls using our 911 Dialing are answered, or addressed, by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Phone Maverick nor its directors, officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Phone Maverick, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Services, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.

Phone Maverick does not currently offer Operator Service.

d) Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls

There may be a greater possibility of network congestion and/or reduced speed in the routing of a e911 call made utilizing the Service as compared to a traditional 911 call (Dialing over traditional public telephone networks.)

e) Alternate 911 Arrangements

If you are not comfortable with the limitations of 911 Dialing, you should consider having an alternate means of accessing traditional 911, or E911 Dialing, or terminating the Service.

3. Home Phone Service

The Terms apply to the Service, being more particularly Internet Voice Over IP (VoIP) local phone service. The Subscriber may use the Service for long distance calling or local calling, provided that the Subscriber does so in compliance with all applicable laws and the terms herein. The Subscriber acknowledges that he/she is the person authorized to subscribe for the Service. The Service may only be used by the Subscriber and all persons having the Subscriber's permission to use the Service. The Subscriber may only use the Service for voice telephone calls to mobile or landlines, as the Service cannot be used for Internet connections, faxing or other data transmission. The Service may include long-distance calling, for a set annual fee, to specific destinations. Calls to other destinations will be billed monthly, at rates determined by Phone Maverick from time-to-time, and available on our website. By subscribing for the Service you agree not to use the Service for an illegal purpose, violating any law, making annoying or offensive calls, or interfering with other Subscribers' Service. You further agree not to resell, transfer, or share your service.

4. Charges, Billing, and Payment

a) Obligation to Pay

The Subscriber is responsible for paying all charges, plus all applicable taxes thereon, for the Service, including for all calls: (i) made via the Subscriber's telephones or telecommunications systems; and (ii) which are charged to the Subscriber's account. The Subscriber is responsible for the security of the Subscriber's authorization codes, and access to the Subscriber's telephones and telecommunications systems.

b) Declined or Late Payments

Credit card charge-backs will incur a $50 administration fee. Phone Maverick reserves the right to charge a $50 administration fee for all accounts remitted to collection. Once the account is placed with a collection agency a 2% per month interest (24% Annum) will be applied to the overall outstanding balance until such time that the balance is cleared. Calls to mobile phones in some overseas destinations are billed at higher rates. Rates are listed on our website. Your rates may be different based on your package. If you have received equipment or software from Phone Maverick for the purpose of providing you the Services, you will NOT be billed for these devices. These are typically but not limited to handsets, modems, VoIP telephone adapters and routers, etc that are reasonably required to provide you with the Services.

c) Charges will commence as of the Activation Date of the Service(s)

i) Payment is due in advance, on the first day of the month. Residential accounts are required to be paid through automatic payments such as credit cards, bank debit cards or electronic fund transfers through online banking. The Subscriber authorizes Phone Maverick to make such charges against such credit card or bank account to satisfy all charges for the Services. Phone Maverick will charge the Subscriber's credit card or bank account for charges for the Service in advance, commencing on the date of activation of the Service (pro rata for the remaining days in such month) and thereafter, an amount equal to one month payment for the Service will be taken from the Subscriber's credit card during the period from the first day of the month of service until the last day of the month of service, on a monthly basis or as stipulated by Phone Maverick, unless payment has been received on or prior to that date through online banking arrangements made by the Subscriber or by other means.

ii) You shall pay in full all applicable monthly service rates, access fees, usage charges, programming fees, equipment rental fees, equipment purchase fees, installation fees, monthly recurring fees, and other amounts, fees and charges, if any, together with all applicable taxes, noted in these terms or identified to you when you subscribe for our services, purchase or rent equipment, or as otherwise identified to you by Phone Maverick from time to time. Phone Maverick will bill you monthly in advance, and you are liable for and shall pay Phone Maverick when due, on a monthly basis on all invoiced charges.

iii) If you are paying by online banking, we will still require authorization to charge your fees to your credit card. However, we will not do so if we receive your monthly fees, by the first of the month. This may require you to process payment before that date, to ensure that it is received in our accounts by the first of the month. If we have not received your fees by the first of the month from your bank account, we will charge your credit card the amount owing.

iv) Any residential account that is 15 days past due, for reasons including the decline of the payment under the credit card which Phone Maverick has on file (through its Payment Gateway processor), shall be subject to a $10 fee. Any residential account that is 20 days past due will be suspended until payment has been received. Accounts more than 45 days past due will be terminated and subject to reasonable collection fees. Any resumption of Services shall include an installation fee of $50.

v) The Subscriber must bring payment inquiries and disputes to Phone Maverick’s attention within 10 days after the charge for the Service has been paid, or the Subscriber will be deemed to have accepted such charges as accurate in all respects.

5. Service Interruption

(a) Phone Maverick may interrupt the Service to the Subscriber at any time, for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons as may be required.

(b) You may find the need to contact our customer service department. We do not accept collect calls. Phone Maverick service is provided to the Subscriber on a best-efforts basis. The Subscriber acknowledges that the Service requires high-speed Internet connectivity. Poor or lack of Internet connectivity, power failure, VoIP blocking, computer viruses and the like ("Connectivity Issues") will cause service interruption and or failure of the Service to function. It is the responsibility of the Subscriber to remedy any Connectivity Issue.

(i) any disruption or unavailability of the Service;

(ii) any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or Service);

(iii) the Subscriber's conduct, acts or omissions, or the operation or failure of the Subscriber's equipment or facilities;

(iv) any event beyond the reasonable control of Phone Maverick including acts of God, inclement weather including lightning, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction;

(v) its failure, for any reason, to activate the Service on the activation date Subscriber requested; or

(vi) any charges by third parties including other telephone companies or wireless carriers for services they may have rendered in lieu of Phone Maverick service.

(d) There is no express or implied warranty or condition, whether of merchantability, fitness for a particular purpose, or otherwise, with respect to the Service. In subscribing for the Service, the Subscriber obtains no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the Service other than such equipment as the Subscriber may have purchased from Phone Maverick in connection with the Service.

The Subscriber agrees to indemnify and hold harmless Phone Maverick against all claims, including fees and expenses of counsel, resulting from the Subscriber's use (or the use by others with the Subscriber's explicit or implicit consent) of the Service, the Subscriber's codes, facilities or equipment, which cause direct or indirect damage or harm to another party or to the property of another.

6. Suspension or Termination of Services by Phone Maverick

(a) Without incurring any liability whatsoever, Phone Maverick may suspend or terminate the Service for any reason whatsoever, including, without limitation, where the Subscriber:

(i) fails to pay an account that is past due, or Subscriber's payment is declined or otherwise not paid in full when due or is not honoured by Subscriber's bank and any security deposits are insufficient to satisfy outstanding balances, by the 20th day following the payment due date;

(ii) violates any provision of these Terms;

(iii) uses or permits others to use the Service for a purpose, or in a manner that is contrary to law; or for the purpose of making harassing, threatening, abusive, annoying or offensive calls;

(iv) charges or allows others to charge any other person for the use of the Service without Phone Maverick's prior written agreement;

(v) harasses, threatens or otherwise acts unreasonably towards Phone Maverick, its employees or agents, in relation to the Service;

(vi) alters or otherwise interferes with Phone Maverick's facilities or equipment, or fails to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the Service, or Phone Maverick's equipment, facilities or network;

(vii) fails to provide payment for other accounts with Phone Maverick;

(viii) uses or permits others to use the Service for resale;

(ix) abuses the network with excessive usage as may be determined by Phone Maverick, pursuant to our Fair Usage Policy set out herein; or

(x) uses or permits others to use the Service for commercial or business use unless otherwise permitted in writing by Phone Maverick.

(b) A suspension or termination will not affect the Subscriber's obligation to pay any amounts owed to Phone Maverick either during, or after, the suspension or termination. Should reactivation of services be required, Phone Maverick will levy a reconnection fee of $50.

(c) Where the Service is cancelled, either by the Subscriber or by Phone Maverick as provided herein, and there is an undisputed credit balance in excess of $10 on the Subscriber's account, the Subscriber may require that it be refunded to the Subscriber and Phone Maverick reserves the right to charge a reasonable processing fee in connection with issuing refunds.

7. Subscriber's Right to Terminate Services and Cancellation

Subscribers shall only be liable for the charges used up to one month after their cancellation date. The Subscriber must formally and personally request cancellation at least thirty days prior to the expiration date in accordance with Section 23. Third party termination requests are not acceptable.

8. Telephone Number Portability

You authorize Phone Maverick throughout the term of your Service, and provide Phone Maverick with express consent herein, to:

(a) transfer your phone number to Phone Maverick’s preferred carrier partners and vendors as may be required from time-to-time without further consent by you,

(b) transfer your phone number to Phone Maverick upon request by you; and

(c) transfer your phone number from Phone Maverick to an alternate carrier of your choosing upon request by you.

9. International Boundaries & Rate Variations

Calls to some countries may have higher rates due to international boundary and sovereignty disputes. Rates will be determined based on the area code being dialed and not the Country label. Call Phone Maverick if you are unsure.

10. Changes, and Modifications of the Services

I. Not applicable to Residents of Newfoundland and Residents of Québec

We may change, at any time, any charges, features, content, functionality, structure or any other aspects of the Services or the Terms upon notice to you by bill message, text message, letter or e-mail. If you do not accept such change, your sole remedy is to terminate the affected Services within 30 days of your receipt of our notice of change (unless we specify a different notice period), by providing us with advance notice of termination pursuant to Section 23.

II. Applicable only to Residents of Newfoundland and Residents of Québec

We may change, at any time, but upon no less than 30 days’ prior written notice to you, any charges, features, content, functionality, structure or any other aspects of any of the Services, as well as any term or provision of the Terms relating to that Service. The written notice will be provided to you by bill message, text message, letter or e-mail and will contain the new or amended term or provision, the former version of that term or provision (if applicable), the date that the amendment will come into force, and your rights which are described as follows. If a change to a Service entails an increase in your obligations or a decrease in our obligations and if you do not accept such a change, you may terminate the affected Services by providing us with notice of termination pursuant to Section 23 no later than 30 days after the amendment takes effect.

For plans that include free calling to a specific country or groups of countries, Phone Maverick may at any time remove certain countries from the calling plan as may be required from time-to-time due to; economic conditions, regulatory, international turmoil, call termination issues, or an increase in the international call termination rates associated to a destination.

11. Subscriber Confidentiality and Privacy

a) Before you begin to use the Service, you will be asked to register as a Subscriber. To complete the registration, you will need to give us some information about yourself, including, but not limited to, your name, email address, mailing address, age, and occupation. Phone Maverick is collecting this information and we retain ownership of it.

b) Unless prohibited by law in your jurisdiction, Phone Maverick believes that knowing more about you will enable us to serve you better. It allows us to communicate with you about the Service, news and promotions, and to personalize the Service we offer you. Information that you provide to Phone Maverick is kept confidential. Your information is for the use of Phone Maverick and its subsidiaries. It is not shared with any other third party, unless as may be required by law.

c) Personal information collected in connection with the provision of the Service may be stored and processed, in or outside Canada, and may be subject to the laws of other jurisdictions. Unless you provide express consent, or disclosure is required pursuant to a legal power, all information regarding you kept by us, other than your name, address and listed telephone number, is confidential and may not be disclosed by us to anyone other than:

• you;

• a person who, in our reasonable judgment, is seeking the information as your agent;

• another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis, with the information to be used only for that purpose;

• a company involved in supplying you with telephone or telephone directory-related services, provided the information is required for that purpose and disclosure is made on a confidential basis, with the information to be used only for that purpose;

• an agent retained by us in the collection of your account or to perform other administrative functions for us, provided the information is required for and used only for that purpose;

• an agent retained by us to evaluate your creditworthiness, provided the information is required for and is to be used only for that purpose;

• a law enforcement agency whenever we have reasonable grounds to believe that you have knowingly supplied us with false or misleading information or are otherwise involved in unlawful activities;

• a public authority or agent of a public authority if, in our reasonable judgment, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information; or

• a public authority or agent of a public authority, for emergency public alerting purposes, if a public authority has determined that there is an imminent or unfolding danger that threatens the life, health or security of an individual and that the danger could be avoided or minimized by disclosure of the information.

d) Express consent to disclosure may be obtained as follows:

• by written consent;

• by oral confirmation verified by an independent third party;

• by electronic confirmation through the use of a toll-free number;

• by electronic confirmation via the Internet;

• by oral consent, where an audio recording of the consent is retained by us; or

• by consent through other methods, as long as an objective documented record of your consent is created by you or by an independent third party.

12. Rate Changes

Phone Maverick reserves the unilateral right to change, modify, increase, decrease, or add surcharges, connection fees as may be required from time to time.

13. Promotions

Phone Maverick may, at its sole discretion, promote Phone Maverick services from time to time through a variety of media channels. This may include free services for a specific period of time (promotional period). After the promotional period the Subscriber will be billed for services automatically. The Subscriber must call Phone Maverick before the promotional period has elapsed and request to cancel future service. All cancellations must be verbal to Customer Service.

14. Fair Usage Policy

Phone Maverick's residential plans and features are to be used for residential, non-commercial use only, and only by the account holder and the residential family members, at the place of residence listed under the account holder. Residential family members include your immediate family who reside in your personal residence - e.g., spouse, domestic partner, parents and/or children. If your residential service plan allows you to use your service from other locations through a particular device or application, all use under that service plan is aggregated and must conform to normal residential or personal, non-commercial use.

All Phone Maverick plans have maximum reasonable call duration of 2 hours per call, after which time the call will be disconnected. Unlimited plans are subject to an aggregated limit (outgoing, call forwarding, conferencing etc) of all usage and features of 3000 minutes during each monthly billing cycle. Phone Maverick-to-Phone Maverick calls are excluded from this policy.

Phone Maverick reserves the right 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 at any time was, inconsistent with normal residential average usage patterns of other Phone Maverick customers. All usage over 3000 minutes will be billed on a per minute basis, based on the rates for the destination country being called ($0.05/min to USA/CAN). If we deem your use of our Services is for commercial use, you will be required to pay our higher rates for business plans, if applicable, for all periods in which your use of the Service was inconsistent with normal residential use or the fair usage limits described herein. Where permitted by law customer may cancel.

15. Equipment

a) "Equipment" means any device, equipment or hardware used to access the Services, or used in conjunction with the Services, purchased or rented from Phone Maverick.

b) Except for Equipment that you have fully paid for, all Equipment installed or provided by us remains our property and you agree that:

• you will take reasonable care with such Equipment;

• you may not sell, lease, mortgage, transfer, assign or encumber such Equipment;

• you may not re-locate such Equipment without our knowledge and permission; and

• you will return such Equipment to us at your own expense upon termination of the Services to which the Equipment relates.

c) If such Equipment is lost, stolen or damaged, or sold, leased, mortgaged, transferred, assigned, encumbered or otherwise not returned within five business days of the cancellation date regarding your Services, you agree to pay us the undiscounted retail value of such Equipment, together with any costs incurred by us in seeking possession of such Equipment. You must immediately notify us by contacting our Customer Support (613-542-8325) or support@phonemaverick.com) if your Equipment is lost, stolen or destroyed.

d) In the case of rental Equipment, if you have paid a security deposit, it will be returned to you upon cancellation of your Service, or at the end of ten months, whichever shall be the first to occur. In the case of cancellation you will be refunded your security deposit, provided that the Equipment is returned in good working order, subject to normal wear and tear. If you are entitled to receive your security deposit back at the end of ten months, Phone Maverick will reimburse you for the security deposit by applying the amount as a credit against your next month's invoice.

16. Return Policy

a) We offer a “30-day Satisfaction Guarantee' on our Service. The 30 day trial period (the "Trial Period") starts when your Service has been activated. If you are not satisfied with the Service and wish to return the Equipment, which you have purchased or for which you have made a deposit, you may return the Equipment immediately following the end of the Trial Period.

b) Fees for services are refundable up to the 30-day mark from the date of activation. Where Equipment is defective, as determined by Phone Maverick, and returned to Phone Maverick in accordance with our policy, the Equipment will be either repaired or exchanged at no cost, subject to the terms hereof.

c) For all returns and exchanges, you will be required to provide the following:

i) The original receipt (invoice) from your purchase.

ii) The Equipment properly replaced in the original packaging, including all items originally included by the manufacturer (including all manuals and accessories).

iii) Contact information provided when the order was placed (name, address & postal code, phone, email).

d) Please note that you are responsible for all return shipping charges when returning Equipment or requesting a replacement.

e) While all orders are checked for accuracy and completeness before leaving the warehouse, it is your responsibility to review the contents of your order when received.

f) You will receive an e-mail within seven business days of us receiving your returned item(s), confirming receipt, and that the refund will be made to your credit card or bank account, where applicable.

17. Equipment Returns

Phone Maverick will repair or replace any defective equipment relating to the Service purchased new by you from Phone Maverick, for a period of one year from the date of your receipt of such equipment. There are two procedures for the repair or replacement of such equipment:

I. You can notify us by phone or email that you have an issue with such equipment (the "Returned Equipment"). Once you have done so, and assuming we have not been able to troubleshoot and resolve your issue through communications with you, you can ship your Returned Equipment to us for examination and repair, with your ID number. This process can take up to two weeks, and is as follows:

a) You will ship the Returned Equipment, packaged in bubble packing, to Phone Maverick at your cost, and upon receipt we will test the Returned Equipment.

c) If the issue arose due to physical damage caused by you, which Phone Maverick acting reasonably determines, we will notify you and give you the opportunity to purchase replacement equipment (the "Replacement Equipment"). You will be charged for the Replacement Equipment, including shipping.

d) If the Returned Equipment is in fact determined by Phone Maverick to be defective, we will ship you the Replacement Equipment, at our cost, and credit you the shipping costs you incurred sending the Returned Equipment to Phone Maverick.

e) If there are no issues with the Returned Equipment and they work under our test conditions, we will return the Returned Equipment at your cost and reimburse ourselves for the shipping cost.

II. Once you have notified us by phone or email, and assuming we have not been able to troubleshoot and resolve your issue through communications with you, you can elect to have us immediately ship you the Replacement Equipment, before we have received or tested your Returned Equipment. In this way you can continue to enjoy your Service without prolonged interruption during the return and review process which can take up to two weeks. In this case the following applies:

a) After you have notified us by phone or email that you have an issue with your Returned Equipment, we will immediately ship you the Replacement Equipment, and charge your account for the cost of the Replacement Equipment and shipping. This amount will be refundable as provided below.

b) You will be required to ship the Returned Equipment to Phone Maverick at your cost, and upon receipt we will test the Returned Equipment.

c) If the issue arose due to physical damage caused by you, which Phone Maverick acting reasonably determines, we will do nothing further and you will be able to keep the Replacement Equipment, which will be considered bought and paid for by you.

d) If the Returned Equipment is in fact determined by Phone Maverick to be defective, we will fully refund you the amount in charged under subparagraph a), as well as your cost of shipping the Returned Equipment to us.

e) If there are no issues with the Returned Equipment and they work under our test conditions, we will keep the Returned Equipment and refund you the cost of the Replacement Equipment, less any parts that may be missing from the original Returned Equipment package.

The one year period referred to above shall apply to both the original Equipment purchased from us and any Replacement Equipment, so that this provision shall not apply beyond the end of the first year following the purchase of the original Equipment.

Please note that if you make a change to the shipment address for the Equipment, after you have signed up and we have shipped the Equipment, resulting in the need to reship the Equipment, there will be an added cost for this reshipment.

18. Telephone Numbers

If you were assigned a telephone number from Phone Maverick, this number may, at Phone Maverick’s sole and absolute discretion, and subject to applicable law, be assigned to another Subscriber at a later date after you no longer use the Service. Transferring phone numbers to Phone Maverick (LNP) is possible only in Phone Maverick serving territory. If you decide to transfer your existing phone number to Phone Maverick from another telephone provider, it is possible that your service will be interrupted in certain circumstances while the transfer is in process. Specific LNP instructions are listed on our web page under "Support".

19. No Directory Listing

Phone Maverick does not automatically provide directory listings. Directory listings may be available in select serving areas and by request only.

20. Resolutions

The Phone Maverick customer service department is here to assist you and respond to your questions and issues. We also endeavor to record and archive phone calls for quality and training and in the event that you request a copy of any verbal agreements. Upon written request, we can provide you archived call recordings for dispute resolution. However, in the event the dispute resolution is in Phone Maverick's favor, a $25 fee per recording will apply.

21. Account Investigations

Whenever it is necessary for Phone Maverick to retrieve information or documents, or to have others retrieve information or documents relating to your account (including such things as call recordings and call logs) as a result of a complaint or request that is initiated directly or indirectly by you or on your behalf, Phone Maverick may charge you a fee of $150, which Phone Maverick may choose to waive depending on the information or documents retrieved.

22. Service Incompatibility

a) Home Security Systems: The Home Phone service may not be compatible with 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 installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with your Home Phone service.

b) Fax Machines: The Home Phone service is not configured to provide fax service.

c) Relocating & International Destinations: Some countries block Voice Over IP (VoIP) services and your Phone Maverick Home Phone service may not work if you relocate it to a country that blocks VoIP service. Phone Maverick assumes no liability due to blocked VoIP traffic.

23. Termination Notice

I. Not applicable to Residents of Newfoundland and Residents of Québec:

Unless otherwise permitted by applicable law:

• you may terminate any or all of your Services at any time by contacting Phone Maverick at the phone number set out on the Phone Maverick website at www.phonemaverick.com; and

• Phone Maverick may terminate any or all of your Services or accounts upon no less than 30 days’ advance notice to you at your billing address, which may be an email address provided by you to Phone Maverick for billing purposes, subject to Section 29 below.

If you terminate any Services, or we terminate any Services, applicable charges continue to apply until the end of the notice period or until the Services are no longer accessible by you, whichever is later.

II. Applicable only to Residents of Newfoundland:

Unless otherwise permitted by applicable law:

• you may terminate any or all of your Services at any time by contacting Phone Maverick at the phone number set out on the Phone Maverick website at www.phonemaverick.com;

• Phone Maverick may terminate any or all of your Services or accounts upon no less than 60 days’ advance notice to you at your billing address, which may be an email address provided by you to Phone Maverick for billing purposes, unless you are in default of one of the events of default described in Section 29 below; and

• if your account has a credit balance over $10 at the time of termination, then we will refund that balance to you within 60 days of the date of termination.

If you terminate any Services or we terminate any Services, applicable charges continue to apply until the date of the notice or a future date specified therein (if applicable), whichever is later.

I. Applicable only to Residents of Québec:

Unless otherwise permitted by applicable law:

• you may terminate any or all of your Services at any time by contacting Phone Maverick at the phone number set out on the Phone Maverick website at www.phonemaverick.com; and

If you terminate any Services, or we terminate any Services, applicable charges continue to apply until the date of the notice or a future date specified therein (if applicable), whichever is later.

24. General Terms

(a) Enurement/Assignment: These Terms are binding upon and shall ensure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns; provided, however, that the Subscriber shall not assign or transfer its rights or obligations under these Terms without the prior written consent of Phone Maverick.

(b) Notices: Notices shall be in writing and delivered by personal delivery or certified or registered mail to the last address provided by the Subscriber.

(c) Unenforceable Provisions: If any part of these Terms shall be invalid or not enforceable under applicable law, such part shall be ineffective to the extent of such invalidity or unenforceable part only, without in any way affecting the remaining parts of these Terms.

(d) Governing Law: These Terms and the rights and obligations of the parties hereunder shall be governed by, and construed in accordance with, the laws of the province of Ontario, and the federal laws of Canada applicable in such province. Each of the parties hereto agrees that the Courts of Ontario shall have exclusive jurisdiction to entertain any action or other legal proceedings based on any provisions of these Terms. Each party hereto does hereby attorn to the jurisdiction of the Courts of the Province of Ontario. Local laws may apply in some jurisdictions.

(e) Entire Agreement: These Terms set forth the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all previous discussions, negotiations and agreements.

(f) French: The Subscriber confirms that it wishes to have these Terms written in English only. Les parties aux présents confirment leur volonté que la Convention relative aux services de voix soit rédigée en langue anglaise seulement.