General
Service Agreement
Rates are subject to change without notice.
Please
note: International mobile carriers will charge the caller for any
error messages. These types of charges will be deducted from your
account at the end of each call
1. Acknowledgment and acceptance of terms of use
Bopcall, herein known as (COMPANY), provides telecommunication
services (SERVICE) described in greater detail on our web site to
you (END USER) subject to the following conditions:
By accessing this site and/or registering or using the SERVICE, the
END USER acknowledges receiving, reading and understanding this
General Service Agreement (AGREEMENT) and accepts the terms and
conditions herein. If END USER does not agree to these Conditions of
Use, please do not use our site or the SERVICE. COMPANY reserves the
right, at our discretion, to update or revise these Conditions of
Use. Each time END USER logs in or otherwise access this site or use
the SERVICE following the posting of any changes to the Conditions
of Use, END USER hereby accept these changes regardless of whether
END USER have checked or visited the Conditions of Use portion of
the site. These Conditions of Use govern the use of our site and our
service by viewers and other users.
2. Conduct
END USER is solely responsible for actions and the content of your
transmissions through or in connection with the SERVICE, it being
understood that each employee acts on behalf of any company with
which such employee is associated in all actions and submissions on
or in connection with the SERVICE. END USER agrees:
(a) to abide by all applicable local, state, national, and
international laws and regulations in your use of the SERVICE;
(b) not to use the SERVICE for illegal purposes;
(c) not to use or attempt to use another person's or entity's
account, telephone number, SERVICE, system or other Confidential
Access Information without authorization from the owner;
(d) to comply with all laws regarding the transmission of voice or
technical data (including all export laws, regulations, and
restrictions of the United States);
(e) not to make unsolicited contact, stalk, threaten, or harass
anyone through, in connection with, or utilizing any data collected
through the SERVICE;
(f) that COMPANY neither endorse the content of any of your
communications nor assume any responsibility for any threatening,
libelous, obscene, harassing or offensive material contained in such
materials, or any crime facilitated by use of the SERVICE;
(g) not to interfere or disrupt networks connected to the SERVICE or
otherwise attempt to interfere with the proper function of the
SERVICE; and
(h) not to attempt to obtain unauthorized access to the SERVICE.
COMPANY, at our sole discretion may immediately terminate your
access to the SERVICE and/or this site should your conduct fail to
conform to any provision of this AGREEMENT.
3. Prohibited Uses
Any End User's use of the SERVICE or any other action that causes a
disruption in the network integrity of our company or its vendors,
whether directly or indirectly, is strictly prohibited and could
result in termination of the SERVICE and/or payment for damages
relating to such conduct. The End User understands that neither us
nor our vendors are responsible for the content of the transmissions
that may pass through the Internet and/or the SERVICE. The End User
agrees that it will NOT use the SERVICE in ways that violate laws,
infringe the rights of others, or interfere with the users,
services, or equipment of the network. The End User agrees and
represents that it is using the SERVICE for its own internal use
only, and shall not resell the SERVICE thereof. The SERVICE is for
the personal, residential and reasonable business use of the End
User only. Such use shall not include certain activities, including
but not limited to any autodialing, continuous or extensive call
forwarding, continuous connectivity, fax broadcast, fax blasting,
telemarketing or any other activity that would be inconsistent with
personal, residential and reasonable business use patterns.
4. Changes to the Agreement and SERVICE
COMPANY may change the terms and conditions this Agreement from time
to time and at its discretion without prior notice. COMPANY reserves
the right to change, suspend or cancel the SERVICE, temporarily or
permanently, with or without notice to the End User. COMPANY will
not be liable to the End User or any third party in the event that
COMPANY exercises its right to modify or discontinue the SERVICE.
5. Telephone Numbers
Any telephone number provided (the Number) to the End User shall be
leased and not sold to the End User. The End User shall not obtain
any rights, title or interest in the Number. The Number is not
portable to other service providers. The End User is not to use the
Number with any other device other than the approved equipment (the
Equipment) without the express written permission of our company.
COMPANY reserves the right to change, cancel or move the Number at
its discretion. Upon expiration, cancellation or termination of the
SERVICE, the End User shall relinquish and discontinue use of any
phone numbers, voice mail access numbers and/or web portals assigned
to the End User by our company.
6. Fees
COMPANY does not currently charge any fees to use The Free Internet
calling SERVICE (member to member). COMPANY reserves the right to
change this policy at its sole discretion without prior notice. The
End User is responsible for procuring and paying the costs for any
software, hardware, or internet/broadband connection charges
necessary to access and use the SERVICE.
7. Payment
All paid services new or recurring are prepaid. Paid by direct
deposit or via moneybookers.
8. Taxes
END USER are responsible for, and shall pay, any applicable federal,
state, provincial, municipal, local or other governmental sales,
use, excise, value-added, personal property, public utility or other
taxes, fees or charges now in force or enacted in the future, that
arise from or as a result of your subscription or use or payment for
the SERVICE or a Device. Such amounts are in addition to payment for
the SERVICE or Devices
9. Technical Support
COMPANY provides the End User with technical support at its sole
discretion and as limited to the SERVICE and the Equipment provided
hereunder. Technical support is rendered from our premise, as
available, via email. Support for other applications and uses is not
provided or implied.
10. Termination
COMPANY reserves the right to, in its sole discretion, suspend or
discontinue your access to all or part of this site or the SERVICE,
with or without notice. COMPANY will not be liable to END USER or
any third party for termination of the SERVICE.
11. Indemnification
The End User agrees to defend, indemnify and hold harmless our
company, its directors, officers, shareholders, affiliates, agents,
successors, assigns and vendors, from any claims or damages relating
to this Agreement or a breach or violation of this Agreement,
including reasonable attorneys' fees.
12.
Service
Quality
of service may be affected by conditions beyond our control,
including atmospheric, geographic, or topographic conditions. We do
not warrant or guarantee that service will be available at any
specific time or geographic location, or that service can be
provided without interruption
13. Service Outages.
(a) Service Outages Due to Power Failure or Disruption. END USER
acknowledges and understands that Service does not function in
the event of a power failure or disruption. If there is an
interruption in the power supply, the Service, will not function
until power is restored. Following a power failure or disruption,
END USER may need to reset or reconfigure the Device prior to
utilizing the Service.
(b)
Service Outages Due to Internet Outage or Suspension or Termination
of Broadband Service or ISP Service. END USER acknowledges and
understands that service outages or suspensions or terminations of
service by your broadband provider or ISP will prevent all Service
from functioning.
(c) Service Outage Due to Suspension or Termination of Your Account.
END USER acknowledges and understands that service outages due to
suspension or termination of your account will prevent all Service
from functioning.
(d) Service Outages Due to ISP or Broadband Provider Blocking of
Ports or Other Acts. END USER acknowledges and understands that your
ISP or broadband provider or other third party may intentionally or
inadvertently block the ports over which the Service is provided or
otherwise impede the usage of the Service. In that event, provided
that END USER alerts us to this situation, COMPANY will attempt to
work with END USER to resolve the issue. During the period that the
ports are being blocked or your Service is impeded, and unless and
until the blocking or impediment is removed or the blocking or
impediment is otherwise resolved, your Service, may not
function. END USER acknowledges that COMPANY is not responsible for
the blocking of ports by your ISP or broadband provider or any other
impediment to your usage of the Service, and any loss of service
that may result. In the event END USER lose service as a result of
blocking of ports or any other impediment to your usage of the
Service, END USER will continue to be responsible for payment of the
Service charges unless and until END USER terminate the Service in
accordance with this Agreement.
(e) Other Service Outages. END USER acknowledges and understands
that if there is a Service outage for any reason, such outage will
prevent all Service from functioning. Such outages may occur for a
variety of reasons, including, but not limited to, those reasons
described elsewhere in this Agreement.
14.
Disclaimer of Warranties and Limitation of Liability
To the full extent permissible by applicable law, COMPANY disclaims
all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular
purpose and non-infringement. COMPANY does not warrant that this
site, its servers, the SERVICE or e-mail sent from us are free of
viruses or other harmful components. COMPANY will not be liable for
any damages of any kind arising from the use of or inability to use
this site, including, but not limited to direct, indirect,
incidental, punitive, special, exemplary and consequential damages.
This limitation applies whether the alleged liability is based on
contract, tort, negligence, strict liability, or any other basis,
even if COMPANY have been advised of the possibility of such damage.
COMPANY make no representations or warranties of any kind express or
implied, as to the operation of this site and/or the SERVICE or the
information, content, materials, or products included on this site.
COMPANY makes no warranty that:
(i) this site or the SERVICE will meet your requirements,
(ii) this site or SERVICE will be uninterrupted, timely, secure, or
error-free,
(iii) the results that may be obtained from the use of this site or
SERVICE will be accurate or reliable,
(iv) the quality of any products, services, information, or other
material purchased or obtained by END USER through this site or
SERVICE will meet your expectations, and
(v) any errors in this site or the SERVICE will be corrected.
COMPANY will not be liable for any direct, indirect, consequential,
incidental or special damages, whether foreseeable or not, which may
result from use or access to this site and/or the SERVICE. END USER
understands and agree that the use of this site and/or the SERVICE
is at your sole risk and discretion and is on an "as is"
and "as available" basis. END USER also understands and
agree that END USER will be solely responsible for any damage
resulting from END Users use of this site or the SERVICE, including
damage to your computer system or loss of data that results from
material or data that is downloaded from this site.
Our company is not responsible for the content on the Internet or
the World Wide Web not otherwise located on this site. As a
convenience to our End Users, COMPANY may provide links to resources
that are beyond its control. COMPANY makes no representations as to
the quality, suitability, functionality or legality of any sites to
which COMPANY may provide links, and the End User hereby waives any
claim he or she might have against our company with respect to such
sites.
15. No Consequential Damages
In no event shall our company, its officers, directors, employees,
affiliates, agents, successors, assigns or any other service
provider who furnishes services to the End User in connection with
this Agreement or the SERVICE be liable for any incidental,
indirect, special, punitive, exemplary or consequential damages, or
for any other damages, including but not limited to loss of data,
loss of revenue or profits, or arising out of or in connection with
the use or inability to use the SERVICE, The limitations set forth
herein apply to claims founded in breach of contract, breach of
warranty, products liability, tort and any and all other theories of
liability and apply whether or not COMPANY was informed of the
likelihood of any particular type of damages.
16. Remedies for Breach of these Terms by END USER
In the event that COMPANY determine, at its sole discretion, that
END USER have breached any portion of these Conditions of Use, or
have otherwise demonstrated conduct inappropriate for our site,
COMPANY reserves the right to (i) warn END USER via email that END
USER have violated these Conditions of Use; (ii) delete any or all
content provided by END USER or END USER agent(s) to this site,
(iii) discontinue your access to the SERVICE or site; (iv) notify
and/or send content to and/or fully cooperate with the proper law
enforcement authorities for further action; and/or (v) any other
action which COMPANY deem to be appropriate.
17. Registration Information/Privacy Policy
When END USER registers as a member of our company, END USER will be
required to provide us with your End User I.D., and password other
confidential access information (Confidential Access Information).
Except as provided herein, COMPANY will not sell to any third party
your name, address, email address and End User I.D., unless END USER
provide your informed consent, except to the extent necessary to
comply with applicable laws, police investigations or in legal
proceedings where such information is relevant. COMPANY grant third
parties providing technical services to us access to our database
only to the extent necessary to provide such technical services. In
those instances, such third parties are bound by these Terms and
Conditions. Your informed consent shall be in the form of an
"opt in" or similar policy. In addition, COMPANY may
assign, sell, license, or otherwise transfer to a third party its
entire database, including your name, address, email address, and
End User I.D., in connection with an assignment, sale, joint
venture, or other transfer or disposition of all or a significant
portion of the assets or stock of our company.
END USER is responsible for maintaining the confidentiality of your
Confidential Access Information. END USER shall be responsible for
all uses of your Confidential Access Information, whether or not
authorized by END USER. END USER agrees to immediately notify us of
any unauthorized use of your Confidential Access Information.
18. Linking to the Site
END USER may provide links only to or home page provided (a) END
USER do not remove or obscure, by framing or otherwise, the
copyright notice, content or other notices on this site, (b) END
USER give us prior written notice of such link via email, and (c)
END USER discontinue providing links to this site if notified by our
company.
19.
Refunds: We do
not offer refunds for any setup fee or for monthly charges, whether
you use the service or not. Refunds for credit purchase will be
given out within 21 days of refund request & there will be a 5%
deduction to cover transfer & bank cost.
20. Miscellaneous
In the event that any provision of this Agreement conflicts with the
law under which this Agreement is to be construed or if any such
provisions are held invalid by a court with jurisdiction over the
parties to this Agreement, such provision will be deemed to be
restated to reflect as nearly as possible the original intentions of
the parties in accordance with applicable law, and the remainder of
this Agreement will remain in full force and effect.
The failure of any party to insist upon or enforce strict
performance by the other party of any provision of this Agreement or
to exercise any right under this Agreement will not be construed as
a waiver or relinquishment to any extent of such party's right to
assert or rely upon any such provision or right in that or any other
instance, rather, the same will be and remain in full force and
effect.
COMPANY may assign our rights and obligations under this Agreement,
and upon such assignment COMPANY may be relieved of any further
obligation hereunder. This Agreement, and any modifications of this
Agreement by our company as provided above, constitute the entire
understanding between the parties as to subject matter hereof, and
supersede all prior agreements and understandings. Any legally
unenforceable provision of this Agreement will, at the election of
our company, be deleted or modified to correct the defect and,
regardless, the remainder of the terms of this Agreement will remain
valid and enforceable.
21. Consent to Receive Electronic Documents
By accessing this site and using the SERVICE, END USER are agreeing
to receive electronic documents, billing reports, statements and
records (electronic records) in lieu of paper documents, statements
and records from us. Your electronic records may be emailed to END
USER to the email account that END USER provide to us, accessed
through this site using your Confidential Access Information or
otherwise electronically provided to END USER. By accessing this
site and using the SERVICE, END USER are also agreeing to the use of
electronic signatures in lieu of (and in addition to) wet-ink,
physical signatures.
22. Acknowledgment
END USER represents to COMPANY that END USER has the authority and
capacity to understands and agree to these Conditions of Use. END
USER acknowledges (a) that END USER has read and understood these
Conditions of Use; and (b) that these Conditions of Use have the
same force and effect as a signed agreement.
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