DIYTel Master Terms of Service
Last Updated: June 17, 2025
Effective Date: June 17, 2025
1. PARTIES AND ACCEPTANCE
1.1 Agreement Parties
This Master Terms of Service Agreement ("Agreement") is between DIYTel ("Company," "we," "us," or "our") and the customer ("Customer," "you," or "your") who subscribes to our telecommunications and hosting services.
Company Information:
- Business Name: DIYTel
- Address: A-33771 George Ferguson Way, #329, Abbotsford, BC V2S 2M5, Canada
- Phone: +1 604-635-0700
- Email: info@diytel.ca
- Website: https://diytel.ca
1.2 Agreement Acceptance
By signing up for services, placing an order, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all referenced policies.
1.3 Contact Information
For questions about these terms:
- General Inquiries: info@diytel.ca
- Technical Support: telecom-support@diytel.ca
- Billing Questions: billing@diytel.ca
- Legal Matters: legal@diytel.ca
2. SERVICES DESCRIPTION
2.1 Cloud PBX Services
DIYTel provides cloud-based Private Branch Exchange (PBX) telecommunications services designed specifically for small businesses with 10 employees or fewer, including:
Core PBX Features:
- Professional Interactive Voice Response (IVR) system
- Customizable business phone numbers
- Mobile app integration (Sangoma Talk)
- Ring groups and call routing
- Voicemail-to-email functionality
- Call recording capabilities
- Business directory listings
- Holiday and after-hours greeting management
Service Tiers:
- Cloud Essentials: Basic PBX functionality
- Cloud Plus: Enhanced features with increased storage
- Cloud Pro: Premium features with maximum storage
2.2 Website and Hosting Services
Integrated website and hosting solutions powered by Sitejet technology:
Website Features:
- AI-powered website builder
- Professional website templates
- SEO optimization tools
- Mobile-responsive design
- Content management system
- E-commerce capabilities (Sitejet Commerce/Ecwid integration)
Hosting Services:
- Reliable web hosting infrastructure
- Email hosting and management
- Domain name registration and management
- SSL certificate provisioning
- Daily backups and security monitoring
2.3 Implementation Timeline
Service Activation Schedule:
- Website Component: Created instantly upon signup, allowing immediate access to email setup and website building tools
- PBX Component: Created each morning between 6:00-8:00 AM Pacific Time, encompassing all signups from the previous 24 hours
- Domain Services: Processed within 24-48 hours of order completion
- Email Services: Available immediately with website component activation
2.4 Additional Services
- Domain name registration and transfers
- Number porting services ($25 per port)
- Custom development and integration services
- Technical support and training
- Business consultation services
3. CUSTOMER ELIGIBILITY AND REQUIREMENTS
3.1 Target Market
DIYTel services are designed for:
- Startups with 5 employees or fewer
- Small businesses with 10 employees or fewer
- Entrepreneurs and solopreneurs
- Professional service providers
- Any industry requiring professional telecommunications
3.2 Account Requirements
To establish service, customers must:
- Provide accurate business and contact information
- Have legal capacity to enter binding agreements
- Maintain current and accurate account information
- Comply with all applicable laws and regulations
- Authorize representatives to act on behalf of business entity
3.3 Account Security
Customer Responsibilities:
- Maintain confidentiality of account credentials
- Implement strong passwords and security practices
- Notify DIYTel immediately of suspected unauthorized access
- Regularly review account activity and usage
- Ensure authorized personnel have appropriate access levels
4. PRICING AND BILLING
4.1 Service Pricing
All prices are quoted in Canadian Dollars (CAD) and subject to applicable taxes:
Standard Pricing Structure:
- Small Business Professional Startup Package: $69.99/month for 2 users
- Additional Users: $24.99/month per additional user
- Setup fees may apply for certain services
- Number porting: $25.00 per number
4.2 Billing Terms
Payment Structure:
- Monthly billing in advance
- Automatic renewal unless cancelled
- Payment due within 30 days of invoice date
- Late payment fees may apply after 30 days
- Service suspension for accounts 60+ days overdue
Accepted Payment Methods:
- Credit card (Visa, MasterCard, American Express)
- Electronic Funds Transfer (EFT)
- Cheque or money order
- Wire transfer for large accounts
4.3 Setup and One-Time Fees
Non-Recurring Charges:
- Account setup fees (where applicable)
- Number porting fees: $25.00 per number
- Domain registration fees (annual)
- SSL certificate fees (annual)
- Custom development or integration work
4.4 Billing Disputes
Dispute Resolution:
- Billing inquiries must be submitted within 60 days
- Detailed investigation of all disputed charges
- Credit adjustments for verified billing errors
- Continued service during dispute resolution process
5. ACCEPTABLE USE POLICY
5.1 Lawful Use Requirements
All services must be used for lawful business purposes only. Customers agree to:
- Comply with all applicable federal, provincial, and local laws
- Respect intellectual property rights of others
- Use services only for legitimate business communications
- Maintain professional standards in all communications
5.2 Prohibited Activities
The following activities are strictly prohibited:
- Illegal content distribution or storage
- Spam, unsolicited communications, or bulk email
- Network abuse, hacking, or unauthorized access attempts
- Malware distribution or malicious software hosting
- Harassment, threats, or abusive communications
- Copyright or trademark infringement
- Fraudulent or deceptive practices
5.3 Telecommunications-Specific Restrictions
Voice Services Compliance:
- No robocalling or automated dialing without consent
- Compliance with Canadian Radio-television and Telecommunications Commission (CRTC) regulations
- Proper use of emergency services (911) functionality
- No interference with telecommunications networks
- Respect for call privacy and confidentiality
5.4 Enforcement and Monitoring
DIYTel reserves the right to:
- Monitor network traffic for abuse and security threats
- Investigate reported violations of acceptable use
- Suspend or terminate services for policy violations
- Cooperate with law enforcement investigations
- Implement technical measures to prevent abuse
6. SERVICE LEVELS AND SUPPORT
6.1 Uptime Guarantee
Service Availability:
- 99.9% monthly uptime guarantee for PBX services
- Planned maintenance excluded from uptime calculations
- Service credits available for uptime failures
- 24/7 network monitoring and maintenance
6.2 Support Services
Customer Support Hours:
- Business Hours: Monday-Friday, 6:00 AM - 6:00 PM Pacific Time
- Response Time: Typically under 10 minutes during business hours
- 24/7 Emergency Support: Available for critical service disruptions
- Multiple Support Channels: Phone, email, and online portal
Support Contact Information:
- Technical Support: telecom-support@diytel.ca
- General Support: +1 604-635-0700
- Emergency Support: +1 604-635-0700 (24/7)
- Online Portal: Available through customer account dashboard
6.3 First Contact Resolution
Service Standards:
- 95% of support calls resolved on first contact
- Comprehensive knowledge base and documentation
- Escalation procedures for complex issues
- Regular follow-up on outstanding support requests
6.4 Disaster Recovery
Business Continuity:
- Daily automated backups with offsite storage
- Disaster recovery testing performed weekly
- Recovery Time Objective (RTO): Under 3 minutes
- Full fault tolerance and redundancy
- Comprehensive business continuity planning
7. DATA SECURITY AND PRIVACY
7.1 Customer Data Ownership
Data Rights:
- Customers retain full ownership of their data
- DIYTel acts as data processor for customer information
- No data sharing without customer consent or legal requirement
- Data portability rights upon service termination
7.2 Security Measures
Technical Safeguards:
- End-to-end AES encryption for voice communications
- Secure data centers with 24/7 monitoring
- Regular security audits and vulnerability assessments
- Multi-factor authentication for administrative access
- Sangoma PBXact with IAX2 protocol implementation
7.3 Privacy Compliance
Regulatory Adherence:
- Full compliance with Personal Information Protection and Electronic Documents Act (PIPEDA)
- Provincial privacy legislation compliance
- GDPR compliance for European customers
- Transparent privacy practices and policies
7.4 Data Retention
Retention Policies:
- Call Detail Records (CDRs): 7 years (regulatory requirement)
- Billing records: 7 years (tax and accounting requirements)
- Support communications: 3 years
- Customer data: As specified in Data Processing Addendum
8. INTELLECTUAL PROPERTY
8.1 DIYTel Intellectual Property
Protected Assets:
- DIYTel trademarks, service marks, and logos
- Proprietary software and technology platforms
- Website content, documentation, and materials
- Business processes and methodologies
8.2 Customer Rights
Limited License:
- Right to use DIYTel services as intended
- Access to customer portal and management tools
- Use of provided software and applications
- No rights to underlying intellectual property
8.3 Trademark and Copyright Compliance
Customer Obligations:
- Respect for third-party intellectual property rights
- No unauthorized use of copyrighted materials
- Compliance with trademark usage guidelines
- Immediate response to intellectual property complaints
8.4 Infringement Claims
DMCA Compliance:
- Designated agent for copyright infringement claims
- Prompt response to valid takedown notices
- Counter-notification procedures for disputed claims
- Account termination for repeat infringers
9. LIABILITY AND WARRANTIES
9.1 Service Warranties
DIYTel warrants that:
- Services will be provided with professional care and skill
- Systems will meet published specifications and standards
- Services will comply with applicable laws and regulations
- Support will be provided according to published standards
9.2 Limitation of Liability
Liability Caps:
- Maximum liability limited to fees paid in prior 12 months or $10,000 CAD, whichever is less
- No liability for indirect, consequential, or punitive damages
- Exclusion of lost profits, data, or business opportunities
- Force majeure events and third-party service failures excluded
9.3 Customer Indemnification
Customer agrees to indemnify DIYTel against:
- Claims arising from customer's use of services
- Violations of acceptable use policy
- Intellectual property infringement by customer
- Customer's violation of applicable laws
9.4 Disclaimer of Warranties
Service Limitations:
- Services provided "as is" with no implied warranties
- No guarantee of uninterrupted or error-free service
- Customer responsible for data backup and security
- Third-party service limitations may affect DIYTel services
10. TERMINATION
10.1 Customer Termination Rights
Cancellation Process:
- 24-hour written notice required for service termination
- No early termination fees for monthly services
- Pro-rated refunds for unused service periods
- Data export assistance provided for 30 days post-termination
10.2 DIYTel Termination Rights
Grounds for Termination:
- Non-payment of fees after 60 days
- Material breach of terms of service
- Violation of acceptable use policy
- Fraudulent or illegal activities
Termination Procedures:
- Written notice provided when possible
- Immediate termination for serious violations
- Opportunity to cure minor violations
- Data retention according to legal requirements
10.3 Effect of Termination
Post-Termination:
- Immediate cessation of service access
- Final billing and payment reconciliation
- Data export window of 30 days
- Return or destruction of customer data
11. DISPUTE RESOLUTION
11.1 Governing Law
Legal Framework:
- Governed by laws of British Columbia, Canada
- Federal laws of Canada apply where applicable
- Disputes resolved in British Columbia courts
- No class action lawsuits permitted
11.2 Dispute Resolution Process
Resolution Steps:
1. Direct communication and good faith negotiation
2. Formal complaint process through customer service
3. Escalation to management review
4. Binding arbitration for unresolved disputes
11.3 Limitation Period
Time Limits:
- All claims must be brought within one year of discovery
- Prompt notification required for all disputes
- Statute of limitations as provided by law
- No waiver of time limitations
12. GENERAL PROVISIONS
12.1 Entire Agreement
This Agreement, together with referenced policies and addenda, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements.
12.2 Modifications
Agreement Changes:
- 30-day written notice for material changes
- Continued use constitutes acceptance of changes
- Right to terminate if changes are unacceptable
- No oral modifications to written agreement
12.3 Severability
If any provision is deemed invalid or unenforceable, the remainder of the Agreement remains in full force and effect.
12.4 Assignment
DIYTel may assign this Agreement without consent. Customer may not assign without written consent from DIYTel.
13. CONTACT INFORMATION
Customer Service:
- Phone: +1 604-635-0700
- Email: info@diytel.ca
- Support: telecom-support@diytel.ca
- Hours: Monday-Friday, 6:00 AM - 6:00 PM Pacific Time
Mailing Address:
DIYTel
A-33771 George Ferguson Way, #329
Abbotsford, BC V2S 2M5
Canada
Emergency Support: +1 604-635-0700 (Available 24/7)
This Master Terms of Service Agreement ensures clear understanding of rights and obligations for both DIYTel and our valued small business customers.
