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Standard Terms and Conditions
This is an agreement ("Agreement") for Australia Toll Free
services ("Service") between you and Persia Tech
Communications, ("Persia Tech") relating to your assigned toll
free number ("Number"). Any of the following actions
constitutes your agreement, without limitation or qualification, to be
bound by, and to comply with, the terms of this Agreement: (i) your
initialization of the Service, either on the telephone or web page,
through the use of your Number and initial pin code, (ii) your
registering for Service on our Web page as part of the registration
process, (iii) ordering Service from our sales personnel and providing
them with your credit card number and billing information.
A. Money-back Guarantee. Money-back Guarantee up to 30 days. Please note
any minutes used prior to canceling service for any reason are not
refundable.
B. Term. The term of this Agreement for each Number begins on the date we
activate Service for your Number. This Agreement will continue from month
to month until terminated by either party upon 30 days notice.
C. Use of Service and Number. You agree not to use the Service for any
unlawful or abusive purpose or in any way which interferes with our
ability to provide Service to our customers, or damages our property. You
agree not to use the Service for any illegal activities. Resale of your
Number, the Service, or any part thereof, is prohibited without prior
contractual arrangements with us and any required regulatory approvals.
As set forth below, you have no ownership rights to the Number; we may
change your Number by giving you notice, although we will take all
reasonable steps not to do so. You may obtain ownership of your number
without cost. If your Service is fraudulently used, you must immediately
notify us. We have the right to interrupt or restrict Service to your
Number, without notice to you, if we suspect fraudulent or abusive
activity. You agree to cooperate with us in any fraud investigation and
to use any fraud prevention measures we prescribe. Upon termination of
the Service, Customer's right to use the Service immediately ceases.
Customer shall have no right and Persia Tech will have no obligation
thereafter to forward any unread or unsent messages to Customer or any
third party.
D. Charges. You represent and warrant that you are at least 18 years of
age and that you possess the legal right and ability to enter into this
Agreement. You are responsible for paying all charges to your account for
Service, including but not limited to, your monthly payment, minute usage
and for all taxes and surcharges imposed on you or us as a result of your
use of the Service. Each service plan as a flat monthly fee. Usage on
each call is billed in six-second (6) increments with an eighteen (18)
second minimum. Each minute over your monthly prepaid minutes is charged
at 15? per minute.
E. Billing and Payment. Any applicable initiation charges and monthly
recurring are billed in advance. Usage charges are billed in arrears.
Payment of all charges is due thirty days from the date of the invoice.
Billing cycle end dates may change from time to time. When a billing
cycle covers less than or more than a full month, we may make reasonable
adjustments and prorations. For credit card, payments no additional
notice or consent will be required for billings to that credit card or
account. You will advise us of any changes to your credit card account,
such as account number or expiration date changes. Time is of the essence
for payment. Therefore, you agree to pay us interest at the lesser of (a)
18% per annum or (b) the highest amount allowed by law for any amounts
unpaid as of the due date. Acceptance of late or partial payments (even
if marked "Paid in Full") shall not waive any of our rights to
collect the full amount due under this Agreement. We may assess an
additional fee of fifty dollars ($50) for any check returned for
nonpayment. Notice of any disputes must be in writing and received by us
at our address within thirty days after the invoice date or you will
waive any objection.
F. Default/Termination. If you fail to pay any amount owed to us within 5
days after the due date, or if you have in the past failed to pay amounts
due us or an affiliate of ours, or if you breach any representation to us
or fail to perform any of the promises you have made in this Agreement,
or if you are subject to any proceeding under the Bankruptcy Act or
similar laws, you will be in default and we may, in our sole discretion
and with or without prior notice, suspend or restrict Service and/or
terminate this Agreement, in addition to all other remedies available to
us. We may also terminate this Agreement without cause with one (1) day
written notice. We may require reactivation charges to renew Service
after termination or suspension. Upon termination, you are responsible
for paying all amounts and charges owing under this Agreement, including
any applicable cancellation fee. You agree to pay all costs including
attorneys fees, collection costs and court costs we incur in enforcing
this Agreement through any appeal. Should your credit card decline for
any reason, we will attempt to charge it again. If the second attempt to
bill your credit card is unsuccessful, your account will be suspended
without notice.
G. Account Changes. You may change Service features or Service plan by
notifying us and paying our standard charges, and by complying with any
other requirements we include to accomplish the change. Changes will take
effect by your next billing cycle. Any person able to provide your name,
address, and the Number is authorized by you to receive information about
your account, and to make changes to the account.
H. Ownership of Toll Free Number. You understand and agree that you are
not the owner of any local telephone number assigned to you by Persia
Tech. Ownership of any such local phone number is vested solely in Persia
Tech (who will assign or re-assign such numbers to you for your use
during the term of this Agreement). You understand and agree that (a)
Persia Tech may from time to time need to change the local number
assigned to you (for any other reason outside of Persia Tech's control)
and (b) following the termination of your Persia Tech account for any
reason you will no longer have access to such local number. In either
case, such local phone number may be re-assigned immediately to another
customer and you agree that Persia Tech will not be liable for damages
(including consequential or special damages) arising out of any such
re-assignment and you hereby waive any claims with respect to any such
re-assignment, whether based on contract, tort or other grounds, even if
GotVMail has been advised of the possibility of damages.
I. Modification; Assignment. We may change or modify this Agreement from
time to time, but any such change (a) will be made in good faith, and (b)
if significant (as determined in the sole discretion of Persia Tech),
will only be made after first providing you with notice of the change.
You can review the most current version of this Agreement at any time at
www.PersiaPhone.com. If you do not agree to a significant change, you may
terminate this Agreement by giving us written notice within 15 days of
receipt of our notice of such significant change and you will not be charged
an early cancellation fee. No hand-marked changes on this Agreement or
any amendment will be valid unless we accept the changes in writing.
Delivery by facsimile transmission (fax) of a copy of a modification of
this Agreement shall be effective as delivery of an original. We may
assign all or part of our rights or duties under this Agreement in
connection with a sale of all or substantially all the assets of Persia
Tech to a third party without notice to you; provided any such third
party shall be obliged to honor the terms of this Agreement. You may not
assign this Agreement without our prior written consent.
J. NO WARRANTIES. THE SERVICES ARE PROVIDED "AS IS." WE MAKE NO
WARRANTIES REGARDING THE SERVICE WHATSOEVER AND EXPRESSLY DISCLAIM ANY
AND ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AUTHORIZE ANYONE TO MAKE A
WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH
STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Some jurisdictions do not allow the disclaimer of implied warranties. In
such jurisdictions, the foregoing disclaimers may not apply to you
insofar as they relate to implied warranties. If you rely on the
representations or warranties of any third persons with respect to the
Services (including without limitation by dealers or resellers of the
Services) beyond those made by Persia Tech, your sole remedy for such
reliance is against the third person making such representation or warranty.
K. LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE IF OUR NONPERFORMANCE
OR A FAILURE OF THE SERVICE IS CAUSED BY ACTS OR OMISSIONS OF ANOTHER
SERVICE PROVIDER, EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION,
TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, ACTS OF GOD, OR OTHER
CAUSES BEYOND OUR REASONABLE CONTROL. WE ASSUME NO LIABILITY FOR SERVICE
OUTAGES OR FOR FAILURE TO STORE, DELIVER OR TIMELY DELIVER ANY
INFORMATION, MESSAGES OR CONTENT. IN NO EVENT SHALL OUR LIABILITY TO YOU
FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD
GIVING RISE TO SUCH LIABILITY. WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL,
INDIRECT, SPECULATIVE OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS, EVEN
IF PERSIA TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH
LIMITATION OF LIABILTY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR
MISUSE OF THE SERVICE, RELIANCE ON THE SERVICE, INABILITY TO USE THE
SERVICE, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE
SERVICE. WE SHALL NOT BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY
ARISING FROM USE OF THE SERVICE, OR ANY EQUIPMENT USED IN CONNECTION WITH
THE SERVICE.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PERSIA TECH
COMMUNICATIONS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS,
EMPLOYEES AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND
ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS' FEES), WHETHER
KNOWN OR UNKNOWN, ARISING FROM (A) YOUR USE OF THE SERVICE, (B) ANY OTHER
PERSON'S USE OF ANY ACCOUNT OR PIN YOU MAINTAIN, REGARDLESS OF WHETHER
SUCH USE IS AUTHORIZED BY YOU, OR (C) YOUR PROMISES OR STATEMENTS MADE IN
THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE
EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU
SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE
INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF PERSIA TECH OR ITS EMPLOYEES,
AGENTS, CONTRACTORS OR REPRESENTATIVES.
THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
L. Force Majeure. Either party shall be excused from any delay or failure
in performance hereunder, other than the payment of moneys, caused by
reason of occurrence or contingency beyond its reasonable control,
including without limitation, acts of God, earthquake, fire, flooding,
riots, war or government requirements.
N. Privacy. Persia Tech's Privacy Policy is set forth on the Persia Tech
Web Site (www.PersiaPhone.com). In addition, you authorize our monitoring
and recording of your calls to us concerning your account or the Service
and you consent to our contacting you from time to time.
O. Notices. Notices to you shall be effective when sent by email to the
email address provided to us or, at our option, 3 days following the date
deposited in the mail addressed to your address as kept in our files. You
are responsible for notifying us of any changes in your address. Written
notice to us shall be effective when directed to our Customer Care Department
and received at our address. Your notice must specify your name and
Number. Oral notices shall be deemed effective on the date reflected in
our records.
P. General Information. THE LAWS OF THE STATE OF CALIFORNIA, U.S.A.,
EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE
OF THE PERSIA TECH SERVICES, AND YOU EXPRESSLY AGREE THAT THE EXCLUSIVE
JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THE PERSIA
TECH SERVICES. In the event that any action is filed to interpret or
enforce this Agreement, the most prevailing party shall be entitled to
recover its costs, including expert witness fees and reasonable
attorneys' fees, at trial and through appeal. If any part of this
Agreement is held invalid or unenforceable, that portion shall be
construed to reflect the parties' original intent, and the remaining
portions shall remain in full force and effect. You hereby consent to
Persia Tech publicizing the existence (but not the terms) of the
relationship contemplated hereunder as a part of Persia Tech's
promotional and marketing activities from time to time. This Agreement
constitutes the entire agreement between Persia Tech and you with respect
to your use of Persia Tech services and your Persia Tech account, and it
supercedes all prior or contemporaneous communications and proposal,
whether oral or written, between Persia Tech and you with respect
thereto. The failure of Persia Tech to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of such right
or provision.
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