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MEGA-CALL Service Agreement
This Service Agreement is between MEGA-Call (Service Provider) and the person, business or entity (Customer) subscribing or purchasing products and or services (Service). This Agreement does not include the MEGA-Call Phone Adaptor or any other hardware device or software program supplied by Provider in relation to the service offered. Prior to activation of the Service, Customer certifies that it is authorized to commit to this Agreement, is of legal age to enter into this Agreement and is not breaking any applicable laws in the State or country the service is to be used. Customer acknowledges that they have read, understood, and agree, to the terms of this Agreement.
Privacy
Provider will keep confidential, except where required by law, all information provided by Customer including email addresses. Customer acknowledges that the public Internet is used for network access and will hold Provider harmless against any privacy breach due to interception of voice or data transmitted over the Internet.
Lawful Use of Service
Customer agrees to use the Service for lawful purposes that does not violate any national or international law.
Term
Where applicable, Service is provided on a monthly basis paid in advance in full monthly installments. The rate plans have a minimum term (Term) requiring full monthly installment in advance, in addition to call and other applicable charges to be made until the end of such Term. The Term commences on the date your activation call is completed. The monthly date shall be the same date of each subsequent month. The Term shall automatically renews itself unless a minimum of fourteen days written notice is provided prior to the end of the then current term. The Term and conditions applicable to each rate Plan is provided with the product description.
Cancellation of Service
Cancellation of service requires fourteen days notice in writing effective at the end of the current Term. Customer will be responsible for all monthly charges to the end of the current term, including call and other service charges. Where Company agrees to cancellation during a Term, this will be effective at the end of the monthly billing cycle in effect at the time.
Provider fully supports all Customers based in the United States but does fully support Customers who use the MEGA-Call Phone Adaptor in another country or have the MEGA-Call Phone Adaptor shipped to a country outside the United States. Customers using Service in other countries do so at their own risk, including the violation of laws relating to the use of MEGA-Call services, the blocking of service by Internet Service Providers or government agencies, the seizure of MEGA-Call Phone Adaptor by customs authorities, the application of duties or taxes or any other event that may prevent the use of service. Provider shall be held harmless against any loss and Customer agrees to indemnify Provider against any loss, liability or costs relating to the shipment of MEGA-Call Phone Adaptor to countries outside the United States, the availability of Service or the use of Service in other countries.
Service Availability
Customer acknowledges that Provider offers no guarantee as to the availability or continuous availability of Service. Furthermore; Customer understands that the MEGA-Call Phone Adaptor will not operate in the event of power failure to the Internet access device, MEGA-Call Phone Adaptor or telephones requiring a power supply connected to the MEGA-Call Phone Adaptor. In cases where a Customer has an MEGA-Call Phone Adaptor with emergency service bypass line, this will only work when connected to a telephone line supporting emergency service calls and where the telephone connected does not require a power supply to operate. Availability is subject to the provision by Customer of a suitable broadband Internet service without the blocking of ports used by the Service. Provider may terminate service without notice if the Customer’s account does not have a credit balance, in cases where a credit card has expired, or where a credit card charge is declined, or in cases where there are insufficient funds to cover a prepaid monthly Service charge.
Use of MEGA-Call Phone Adaptor
MEGA-Call Phone Adaptor must be used within the specification provided and with a stable power supply. The MEGA-Call Phone Adaptor is linked to the Provider Service and may not be reprogrammed for use with another Service. Customer is not entitled to certain passwords, technical information, source code or Customer network or access passwords. Customer shall not reverse engineer or otherwise attempt to derive the source code or network user log in information from the firmware or software. MEGA-Call Phone adaptor requires a minimum of bidirectional 128k of bandwidth.
Unauthorized Servicing or Tampering with the MEGA-Call Phone Adaptor
Should MEGA-Call Phone Adaptor be returned to Provider that have the serial number removed, electronic serial number modified, damaged caused by lightning strike or rain static, the cover removed or the cover seal broken without prior permission from Provider, Provider will have no obligation to repair or replace the MEGA-Call Phone Adaptor and may terminate Service.
Theft of MEGA-Call Phone Adaptor
Customer shall notify Provider immediately if the MEGA-Call Phone Adaptor is lost or stolen. Customer is responsible for all call charges related to the device until notice loss is acknowledged in writing by Provider. Failure to provide notice of the theft or fraudulent use will result in Customer liability for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service. Customer is responsible for the security of the MEGA-Call Phone Adaptor and insurance coverage therefor.
Faulty MEGA-Call Phone Adaptor
Where an MEGA-Call Phone Adaptor is deemed by Provider technical support staff to be faulty, a return authorization number will be provided. If the MEGA-Call Phone Adaptor has been supplied in conjunction with Service, Provider will repair or replace the MEGA-Call Phone Adaptor at its option and return freight paid. A credit allowance will be applied to the Customers account to compensate for the average cost of freight from Customer to Provider.
Satisfaction Guarantee
Service may be cancelled within thirty (30) days of the original Service activation date. Upon receipt of the freight paid MEGA-Call Phone Adaptor is in good working condition, Customer will receive a full credit for any payments made less the charges for completed calls at MEGA-Call’s current rates (domestic and international).
Number Transfer on Service Termination
Upon cancellation of Service and upon payments of all outstanding charges, Customer may apply for the transfer of their telephone number to another carrier. As telephone numbers are supplied by third parties, the ability to and delay of releasing the number will depend on the policies and capability of the carrier providing the number. Provider shall not be held responsible for any delays or the inability to release a number.
Billing
Credit cards will only be accepted for United States customers with both United States credit card billing and shipping addresses. A valid credit card number, expiration date, billing address and security code must be provided when the Service is activated. Card expiration date must be updated from a new card prior to expiration and the Customer must maintain available credit to cover month charges and anticipated call charges. Provider reserves the right to stop accepting credit cards at any time. Customer must provide an alternative method of payment should any credit card facility be withdrawn. In the cases where the card expires, the account is closed, the billing address is changed, the card is cancelled or the card is replaced due to loss or theft, Customer must advise Provider immediately.
Billing Disputes
Provider must be advised in writing within 7 days after receiving the credit card statement or identifying a disputed charge on line. The Provider's decision on the application of a credit is final.
Taxes
Customer is responsible for any applicable country, federal, state, local government or other regulatory taxes or fees currently in force or introduced in the future.
Directory and Operator Service Calls
Provider will charge the cost of any third party services, plus a service charge, based upon currently applicable rates available in the area from customer services.
Limitation of Liability
Provider shall not be liable for any non availability, interruption or degradation of voice quality that is caused by any of the following
1. act or omission of an underlying carrier, service provider, Provider or other third party
2. network or MEGA-Call Phone Adaptor failure;
3. network upgrades
4. force majeure events, equipment, network or facility shortage;
5. any other event that is beyond Provider's control
Disclaimer of Damages
IN NO EVENT SHALL PROVIDER, ITS OFFICERS, EMPLOYEES, AGENTS OR ANY OTHER RESELLER BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF TELEPHONE SERVICE, DATA, LOSS OF REVENUE, LOSS OF PROFITS, OR DAMAGES ARISING OUT OF THE USE OF SERVICE.
Indemnification
Customer agrees to defend, indemnify, and hold harmless Provider, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services. This clause shall survive termination of this Agreement.
No Warranties
PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER PROVIDER NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR PROVIDER WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO PROVIDERS TRANSMISSION FACILITIES OR CUSTOMER PREMISES EQUIPMENT AS A RESULT OF PROVIDER'S OR ITS CARRIERS OR PROVIDERS' NEGLIGENCE.
Mandatory Arbitration
Any dispute or claim between Customer and Provider arising out of or relating to the Service or Device used in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
Refund Policy
At Mega-Call we are committed to delivering high quality service every day. However, circumstances beyond our control may result in occasional disruptions in service. We will issue a credit or a refund in the following circumstances:
If you are charged for a call that was never completed (there was no answer). Upon verification, we will credit your account the amount charged
If you have an active account you purchased within last 30 days that never was used, and wish to discontinue the service.
If you were incorrectly charged for services not received or for which you did not sign up. In such cases, you must contact Customer Service within 24 hours of the attempted call or discovery of the erroneous charges.
There are no refunds for any prepaid service that has been partially used.
Billing Description
Please note charges shall appear on statement as TransExpress Inc.
Governing Law
This Agreement shall be governed by the laws of the State of Florida, USA.
Updated: October 3, 2004
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