These Terms of Service constitute this Agreement between WholeTel Inc. dba
Payless2Call.com , and the Customer of Payless2Call.com
including its prepaid Products and Services and all the Third Party Products purchased
through Payless2call.com.
This Agreement governs both, the Services and the use of Paylessless2call.com website.
BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER
INTO THIS AGREEMENT AND THAT YOU HAVE READ AND FULLY UNDERSTOOD THE TERMS AND CONDITIONS
OF THIS AGREEMENT. USE OF THIS WEB SITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE
OF ALL TERMS AND CONDITIONS STATED HEREIN AND ANY OTHER PLACE ON THIS WEB SITE.
DO NOT USE THIS WEBSITE IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS STATED
HEREIN AND AT OTHER PLACES ON THIS WEBSITE.
PRIVACY:
Your privacy is very important to us at Payless2Call.com.
To better protect your rights Payless2Call.com
has provided this Privacy Policy to explain our privacy practices in detail.
RATES AND BILLING:
Rates and billing conditions for the products serviced by
Payless2Call.com are posted on the product and rates section of the website
and are subject to change without prior notice.
Rates and billing conditions for the products serviced by third parties must be
obtained from their respective websites.
Change in rates of Payless2Call.com products
may be due to circumstances outside the control of
Payless2Call.com such as changes to wholesale prices that are charged by
third party suppliers.
Your service provider may charge you for using our access numbers.
Payless2Call.com recommends that you check with your phone service provider
before using our products.
Phone calls made from a pay phone to our toll free access numbers are subject to
an additional surcharge.
Different rates may apply for calls made to some premium numbers.
Payless2Call.com services are not intended for calls placed from Alaska
and Hawaii.
Calling rates, billing increments, fees, taxes, and other charges for the products
delivered by Payless2Call.com, are subject
to change any time, without notice. Payless2Call.com
will not be responsible or liable for any change in calling rates, billing increments,
fees, taxes, and other charges.
In addition the Promotional duration could change any time without prior notice.
Payless2Call.com does not guarantee call
quality or connectivity, and will not be responsible or liable for reimbursement
of lost minutes or reduction in the stored value of any product or service.
Connection to a wrong number is a valid call. Online calling details are only available
for Payless2Call.com’s Pin less, rechargeable
calling plans.
Calls details records could only be made available for calls made is last 60 days.
Call details provided by customer service of the third party carriers about the
usage of their calling plans are final and will be considered authentic record/proof
about the usage of the plan.
All sales are final. Pins number, once issued/revealed are non- refundable, non
transferable and non exchangeable. Pin numbers have no cash value.
Service outages extending over few hours to a couple of days may occur.
Payless2Call.com will not be liable for such outages, and customers shall
have no right to any refund, credit, compensation or damages from
Payless2Call.com because of service outage or any other situation arising
out of service outage.
Payless2Call.com reserves the right to
issue store (website) credit in lieu of credit on credit/debit card of the customer.
UNLAWFUL USE:
You shall use the Service only for lawful purposes.
Payless2Call.com reserve the right to immediately cancel your Service without
notice, if, in our sole and absolute discretion,
Payless2Call.com determines that you have used the Service for an unlawful
purpose.
In the event of such cancellation, Payless2Call.com
will not be liable to refund any remaining balances on prepaid accounts.
If Payless2Call.com believes that you
have used the Service for an unlawful purpose,
Payless2Call.com may forward the relevant communication and other information,
including your identity, to the appropriate authorities for investigation and prosecution.
You hereby consent to our forwarding of any such communications and information
to the concerned authorities. In addition, Payless2Call.com
will provide information in response to law enforcement requests, lawful government
requests, subpoenas, court orders, to protect its rights and property and in the
case where failure to disclose the information may lead to imminent harm to the
customer or others.
It is a Federal and State offense to purchase any product or service by fraudulent
means. Products and/or services purchased on this web site shall not be used for
any unlawful purpose.
INAPPROPRIATE CONDUCT:
You shall not use the Service in any way that is threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any
similar behavior.
Payless2Call.com reserve the right to
immediately cancel your Service without notice, if, in our sole and absolute discretion,
Payless2Call.com determines that you have
used the Service or the product in any of the aforementioned ways. Additionally,
Payless2Call.com will provide information
in response to law enforcement requests, subpoenas, court orders, to protect its
rights and property and in the case where failure to disclose the information may
lead to imminent harm to the customer or others. Furthermore,
Payless2Call.com reserves all of its rights at law and equity to proceed
against anyone who uses the Services illegally or improperly.
FRAUD:
Please note that credit card fraud is a federal crime. All information related to
fraudulent transactions, including but not limited to IP addresses, detailed call
records, transaction data and email addresses will be collected and provided to
appropriate law enforcement officials to assist in the prosecution of any persons
attempting to commit fraud using the Payless2Call.com
service. Furthermore, Payless2Call.com
may deny or limit use of the Service for any lawful reason.
If Payless2Call.com suspects fraudulent
use of the Service, it may suspended or terminate the service immediately.
Payless2Call.com will prosecute all offenders
to the full extent of the law. Payless2Call.com
uses automated and manual systems to confirm proper credit card authorization, including
having representatives call persons who have signed up for our service.
BANKRUPTCY BY SERVICE PROVIDERS:
P2ayless2call.com will not be liable or responsible to reimburse for loss of minutes
or loss of value in product and services if the service providers or third party
vendors of the products sold by Payless2Call.com
declares bankruptcy.
WARRANTY:
Payless2Call.com MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, WHETHER BY FACT OR BY OPERATION OF LAW, IN
CONTRACT OR TORT, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR REGARDING THIS
WEB SITE, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PRESENTED IN THIS WEB
SITE, OR ANY PRODUCT OR SERVICE SOLD OR PURCHASED THROUGH THIS WEB SITE.
Payless2Call.com controls this site. and
reserves the right to make changes, as and when it deems necessary or appropriate,
in any of the terms and conditions or any information provided on this site.
LIMITATION OF LIABILITY:
In no event shall Payless2Call.com be
liable under this Agreement for loss, incidental, special, or consequential damages
arising in any manner from the use of any products sold on this web site.
In no event shall damages awarded against Payless2Call.com
exceed the purchase price paid for the product out of which any claim may arise.
NO REFUNDS:
P2ayless2call.com shall not be obligated to provide any refunds for third party
products and services nor shall be obligated to provide refunds for unauthorized
use, deficiency in the quality and availability of any product or service.
Buyer assumes all risks immediately upon purchase of the product and/or services.
Prepaid plans once sold are non-refundable and have no surrender value.
SECURITY ISSUES:
This site has security measures (SSL) in place to protect the loss, misuse and alteration
of the information under our control.
Payless2Call.com however shall not be
responsible for the security of your data or for fraudulent use of credit cards
to make purchases on this web site nor shall Payless2Call.com
be obligated to make refunds or to provide any compensation where such fraudulent
use occurs.
Payless2Call.com will actively cooperate
with law enforcement authorities in prosecuting anyone who uses this web site or
products/services sold over this web site for unlawful use.
SEVERABILITY OF PROVISIONS:
In the event that any section or portion of this agreement is deemed unenforceable
by a judicial authority having jurisdiction over the matter, such section or portion
shall be deleted from the Agreement, and the Agreement shall be enforced as if that
section or portion was not a part of the Agreement in the first instance.
RESOLUTION AND DISPUTES:
Any dispute or claim between the user and Payless2Call.com
arising out of or relating to the Service provided in connection with this Agreement
shall be resolved by arbitration before a single arbitrator administered by the
American Arbitration Association in accordance with its ARBITRATION RULES.
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 a punitive or certified class action to arbitration or seek to
consolidate or bring previously consolidated claims in arbitration.
The arbitrator shall have no authority to award punitive damages. Customer acknowledges
that this arbitration provision constitutes a waiver of any right to a jury trial.
All administrative fees and expenses of arbitration initially will be divided evenly
between Customer and Payless2Call.com.
In all arbitrations, each Party will bear the expense of their own counsel, experts,
witnesses and preparation of evidence in arbitration.
The prevailing Party shall be awarded all attorneys' fees and costs attendant to
each arbitration proceeding. The decision of the Arbitrator shall be final. The
location of arbitration shall be Broward County, Florida, USA unless otherwise agreed
to by both Parties in writing.
If you initiate arbitration, you must notify Payless2Call.com
in writing at:
Payless2Call.com
2003 W Cypress Creek Rd, Suite 110,
Fort Lauderdale, Fl. 33309
ATTORNEY’S FEES:
PROMOTIONS:
Payless2Call.com will frequently run promotions
for its customers. Credit for such promotions MUST be requested within 3 days of
registration or transaction. All credit requests must be submitted either via email
or by calling Customer Services. Promotions are subject to change without notice.
Credits, Vouchers or promotional credits are applied within 3 working days after
receiving the credit request. Promotions are limited to one customer and or phone
number. Unused coupons or promotional Vouchers have no cash value.
REFUND POLICY:
Payless2Call.com will issue a credit or
a refund, only for the products for which services are provided by
Payless2Call.com only for incomplete calls that were charged. Upon verification,
Payless2Call.com will credit your account
for the amount charged.
Verification is at the sole discretion of Payless2Call.com
and its employees. Payless2Call.com has
the right to reject any request for refunds. Such calls MUST be reported within
3 days of when they were placed and MUST be submitted either via email or by calling
Customer Service.
CANCELLATION POLICY:
You may cancel your service at any time by providing written notice (either via
email or postage service). Payless2Call.com
will then shut down access to your account within 24 hours.
Payless2Call.com recommends that you consume the remaining balance before
terminating the account.
Payless2Call.com is not obligated to refund
any unused balance in your Payless2Call.com
account as of the date of your discontinuance of service.
Refunds will not be made against any credit obtained through promotions or referrals
and any unpaid maintenance fees. Payless2Call.com
can only make refunds against funds that were charged to the customers credit/debit
card.
GOVERNING LAW:
By accessing this Site, you and Payless2Call.com
agree that all matters relating to your access to, or use of, this site and
Payless2Call.com’s services shall be governed by and construed in accordance
with the State law of Florida.
COPYRIGHT:
All content and compilation of content included on
Payless2Call.com’s website, such as text, graphics, logos, button icons,
images, audio or video clips, digital downloads and software, is the property of
Payless2Call.com and is protected by United
States and international copyright laws.
If you have any questions or concerns about these Terms of Use or any issues raised
in this Terms of Use or on the Site, please contact Payless2call.com at:
info@Payless2Call.com or write to us at the following address:
Payless2Call.com
2003 W Cypress Creek Rd, Suite 110,
Fort Lauderdale, Fl. 33309