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| Terms & Conditions of the PCCall Service |
1. Our Company. PCCall virtual calling card service ("PCCall") is provided by Iscom, Inc.
("Iscom"). Iscom is a corporation with offices at 5 Hanover Square, Suite 1503, New York, NY 10004.
2. Terms and Conditions.
Your use of your PCCall account (your "Account") means that you acknowledge
receipt of and agreement with all of these terms and conditions (the "Terms and
Conditions"). If you are notified that these Terms and Conditions, PCCall’s
rates, or PCCall itself has changed, your continued use of PCCall means that you agree to
such changes.
3. Prepayment. Your use of PCCall is conditioned upon your depositing a prepaid amount with Iscom (the "Prepaid
Amount"). You agree to use a credit card to pay the Prepaid Amount. Your Account is valid for 12 months from the date of the last activity on your account. Activity is defined as a call made using the account or a payment to the account. After the 12 month period of inactivity, Iscom reserves the right to terminate your Account without any further obligation.
4. Charges Billed to Credit
Card. You authorize Charges (as defined below) for use of your PCCall Account to be
billed through the credit card you provide to Iscom. The fees (the "Fees") for
your use of PCCall will be charged at the rates provided in our pricelist. In addition to
the Fees set forth in our pricelist, your Account may be charged for the following
additional fees ("Additional Fees"):
- any applicable taxes (including value-added
taxes "VAT") imposed by your local, state or country government; and
- Payphone fees (US$0.35 per
call) for calls originating from a payphone
Fees and Additional
Fees are called "Charges." All Charges will appear and must be paid in United
States Dollars. The prices for all Charges are subject to change.
5. Assignment or Transfer of
Your Account Number. You may not permit others to use your Account number. Similarly,
you may not transfer or assign your Account or Account number to anyone else.
6. Suspension, Withdrawal,
Revocation or Termination of Your Account. Your use of PCCall may be suspended,
withdrawn, revoked or terminated for any of the following reasons ("Terminating
Events"):
- actual or suspect fraudulent use of
your Account or Account number; or
- non-payment of or delay of payment
for Charges to your Account; or
- your credit card becomes invalid,
unauthorized, revoked, withdrawn or terminated.
In the event that
one of the Terminating Events occurs, you will remain responsible to Iscom for all Charges
resulting from the use of your PCCall Account. Such Charges will be payable immediately to
Iscom. Notwithstanding the foregoing, Iscom reserves the right to terminate your Account
for any reason and to refund to you any remaining Prepaid Amount, minus any Additional
Fees.
7. Refunds. There shall be
no refunds or reimbursements of any prepaid PCCall account balance.
8. Disclaimer of Warranties;
Limitation of Liability. You recognize and understand that Iscom makes no warranties
of any kind, either express or implied, with respect to your use of PCCall, including, but
not limited to, any warranties of merchantability or fitness for a particular purpose.
PCCall is provided "as is." Iscom’s entire liability to you for any reason,
loss, breach or actual damage shall be limited to a refund of the applicable Charges. In
no event, however, shall Iscom or any of its employees, officers or directors be liable to
you or any third party for any lost profits, lost savings or any special, consequential,
indirect, incidental or punitive damages with respect to your use of PCCall.
9. Governing Law. All
disputes concerning your use of your Account or PCCall requiring judicial resolution shall
be determined in the Courts of the state of New York under the laws of the State of New
York.
10. Severability. If any
provision of these Terms and Conditions are held to be invalid or otherwise unenforceable,
the enforceability of the remaining provisions will not be impaired thereby.
11. No Waiver. Failure by
Iscom to exercise any right or remedy provided for herein will not be deemed a waiver of
any right or remedy hereunder.
12. Remedies. The rights
and remedies of Iscom set forth herein are not exclusive and are in addition to any other
rights and remedies available to it in law or in equity.
13. Survival. The
provisions of these Terms and Conditions regarding limitation of liability,
indemnification and home country legality shall survive the cancellation, revocation or
termination of your Account.
Copyright ©
2008 Iscom, Incorporated. All rights reserved |
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