Unovon Calling Cards is owned and operated by Voyzze Communications Inc ("VCI"). This agreement ("Agreement") is between Voyzze Communications Inc. and you (hereinafter referred to as "End User") as an end user of the VCI communications services (the "Service"). This Agreement explains VCI's obligations to End User, and End User's obligations to VCI. It is a binding agreement. Any Services provided by VCI to End User shall be governed by the terms and conditions herein. By clicking to accept these terms and/or by using the Service, End User acknowledges and agree that the End User has received, read, understand and agree to be bound by all of the terms and conditions of this Agreement.
1. ENTIRE AGREEMENT
The terms and conditions of this Agreement constitute the entire agreement with regard to the Service, subject to change as set forth herein, and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to the Service. This Agreement shall be binding upon the successors, and assigns of VCI and the heirs, successors and permitted assigns of End User. End User acknowledges that End User is of legal age to enter into this Agreement.
The terms and conditions stated herein are the final and exclusive agreement between VCI and End User. Except as otherwise explicitly agreed by an Officer of VCI in writing, conflicting, different or additional terms are expressly rejected and acceptance of this offer is expressly limited to the terms stated in this Agreement. No course of dealing or usage of trade or actual course of performance shall be relevant to explain or supplement any terms contained or used herein.
3. TERM OF SERVICE
The term of this Agreement ("Term") begins on the date of successful registration by the End User towards creation of the Unovon Calling Card Account and continues for the duration of the service period till the time the End User does not terminate the usage of the Unovon Calling Card.
VCI shall provide prepaid calling service to End User through the Unovon Calling Card from within the United States of America. The term "card" or "calling card", as used herein and the rest of this Agreement shall not refer to a card in a physical or material sense, but rather is a virtual calling card. A virtual calling card consists of an electronic file that has the necessary information to let the End User place an outgoing call, until the entire balance has been consumed. These services can be availed either through wire line, wireless or mobile phones. To avail of Unovon Calling Card service, the End User would have to i) first register self on https://www.unovon.com/callingcards/index.php/users/signup to create a Unovon virtual prepaid calling account ii) register the mobile number(s) or landline number(s) from where the End User would dial in to use this Service & enter a Personal Identification Number (PIN) iii) and finally add balance to the End User's newly created virtual prepaid calling account by using a valid credit card. All charges associated with mobile phone usage or landline usage is to be borne by customers. VCI is not responsible for charges levied by mobile phone and land line service providers.
The End User assumes all responsibility immediately upon successful registration and creation of a Unovon virtual prepaid calling account. Unovon Calling Card has no surrender value.
5. PHONE AND OTHER EQUIPMENT
End User is bound by the terms and conditions, to the extent applicable, which govern the use of phone and other related equipment that would be used to place calls.
6. CHARGES AND PAYMENT
- Toll Charges. Every call to or from a wireless, wire line or mobile phone using the Unovon Calling Card Service that originates or terminates in the Public Switched Telephone Network ("PSTN"), including other VoIP networks, may be subject to the then-applicable toll charges that are associated with the call. Please check with your local telephone service provider/mobile network provider to ensure the toll charges that are associated with a particular access number.
- Calls to a telephone number within or outside the United States using the Unovon Calling Card will be charged at the then-current rates published on https://www.unovon.com/callingcards/index.php/home/rates. The duration of each call is calculated in one minute increments and rounded up to the nearest next minute increment for any fraction of minutes used. When the End User dials a phone number, call charges may apply if the call gets (i) forwarded (ii) connected to a voice mail (iii) connected to an answering machine (iv) connected to a fax line (v) connected but either of the parties cannot hear each other (vi) connected and there is a one-way communication
- Payment. Upon registration and subscription to the Service, End User must provide VCI with valid credit card information from a credit issuer that is accepted by VCI. End User authorizes VCI to charge the credit card provided by End User for all charges arising from End User's use of the Service. End User agrees to notify VCI of any change to the credit card information including, but not limited to, changes in account number, expiration date or billing address. VCI shall not be responsible for any charges made by the Credit Card issuer to End User's Credit Card account for exceeding a credit limit, insufficient funds or other reasons.
- Auto Recharge: The Auto Recharge is an optional add-on service that can be availed after sign up. If the End User avails of this service, the End User authorizes VCI to automatically recharge and top-up the account balance, to the amount selected and entered by the End User, by using the credit card information the End User has given at the time of registration or later, when the balance falls below or reaches the threshold balance. If the End User wishes to disable the Auto Recharge service at any time, the End User may do so by logging into their account online. Till the time the End User does not disable this feature, VCI is authorized by the End User to continue to charge the End Users credit card for any Auto Recharge.
- Call Logs. End User can use their login credentials and view the call logs online. Up to previous six months of call logs may be viewed from the date of logging on to the End User's account.
- Communication with End User. VCI will use the email address of the End User for any queries, service requests, support, and relationship messages. End User is responsible for ensuring the email address with VCI is available for receipt of these electronic messages. End User can request to "opt out" of these email messages at any time.
- Rate Changes. VCI may change calling rates without any advance notice from time to time. In the event of a change in calling rates, VCI will post such changed rates to the web site at https://www.unovon.com/callingcards/index.php/home/rates. No other notice shall be provided for changes to the calling rates. Before placing a call using the Unovon Calling Card account, VCI strongly advises that the End User go to https://www.unovon.com/callingcards/index.php/home/rates to check if the calling rates have changed. VCI assumes no responsibility and will not be held liable if the End User does not go to https://www.unovon.com/callingcards/index.php/home/rates to check for any call rates changes and places a call, thereby getting billed at a higher rate to the destination called.
- Credits and Refunds. End User acknowledges and agrees that the Services are provided "as is, where is." Credits for interruption of the Services shall not be provided. Also refunds will not be given at any time.
- Discounts. From time to time at its sole discretion, VCI may offer promotions or discounts.
- Unauthorised Use / Stolen Account: The End User is responsible for all the charges pertaining to the End Users Unovon Calling Card account. If the account information or PIN is stolen or the End User is aware of any unauthorized usage, the End User should notify VCI immediately by calling the customer care, followed by an email to suspend the Unovon Calling Card account. End User is responsible for any loss in the account balance of the Unovon Calling Card account
- Purchase Disputes. End User must dispute any charges for the Services in writing within thirty (30) days of the date of the charge by VCI or End User waives any objection and further recourse. Written statements disputing charges must be sent to:
- Unovon Calling Cards Department
- Voyzze Communications, Inc.
- 39159 Paseo Padre Pkwy
- Suite 204
- Fremont CA 94538
After successful registration to use the Unovon Calling Card Service, the account remains valid for one year from the date of registration or any account balance top-up, whichever is later. The End User should use the prepaid calling service at least once a year to keep it active. If the End User does not use the prepaid calling service for twelve (12) consecutive months, the Unovon Calling Card account will be closed and made invalid. Any remaining balance that is available in the account is forfeited and the End User will not be refunded any unused balance amount.
8. PROHIBITED USES
- Unlawful. End User shall use the Service only for lawful purposes. VCI reserves the right to immediately terminate End User's Service if, in VCI's sole and absolute discretion, VCI determines that the End User have used the Service for an unlawful purpose. In the event of such termination, End User will not be refunded any unused balance amount.
- Inappropriate Conduct. End User 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. VCI reserves the right to immediately terminate End User's Service if, in VCI's sole and absolute discretion, VCI determines that End User has used the Service in any of the aforementioned ways. In the event of such termination, End User will not be refunded any unused balance amount.
- If VCI believes that End User has used the Services for an unlawful purpose/inappropriately, VCI may forward any required information by law, including End Users identity, to the appropriate authorities for investigation and prosecution. End User hereby consents to forwarding of any such information to these authorities. In addition, VCI 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 End User or others.
9. CHANGES TO TERMS AND PRICING
Notice will be considered received by End Users and changes to these terms and conditions or to calling rates will become binding on End Users, on the date the changes are posted to the Web Site ("Change Date"), and no additional notices will be required.
VCI utilizes the public Internet and third party networks to provide voice communication services. Accordingly, VCI cannot guarantee the security of voice communications of End User. VCI is committed to respecting an End User's privacy. Once End User chooses to provide personal information, it will only be used in the context of the End User's relationship with VCI. In instances where VCI and an affiliate jointly promote the Services, VCI may provide the affiliate certain personal information, as a result of the joint promotion, only after seeking consent from the End User. In this instance, the information may not be used by the affiliate for any other purpose. VCI will not sell, rent, or lease End User's personally identifiable information to others. Upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, VCI may disclose personally identifiable information.
11. TECHNICAL AND CUSTOMER SUPPORT
VCI provides technical and customer support to End Users via telephone or e-mail for the Services provided hereunder. Support for other applications and uses is not provided or implied. To contact the technical and customer service, please visit https://www.unovon.com/callingcards/
12. WARRANTY, INDEMNITY AND LIABILITY LIMITATIONS.
- No Warranties. VCI makes no warranties of any kind, express or implied. End User assumes all risk and liability resulting from the use or functionality of the Service, whether used solely or in combination with other goods and/or services. VCI shall have no liability to End User for any acts or omissions of VCI under this Agreement or otherwise.
- No Liability. VCI neither assumes nor authorizes any person to assume any other liability in connection with this Agreement. VCI shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of VCI as may occur in spite of VCI's best efforts.
- Indemnity. End User agrees to defend, indemnify and hold VCI, its affiliates and its vendors harmless from any third party claims or damages relating to End User's acts or omissions under this Agreement. In no event shall VCI or its vendors be liable for any special, incidental, indirect, punitive or consequential damages or for any 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 services or products provided hereunder whether due to a breach of contract, breach of warranty, the negligence of VCI or its vendors or otherwise.
VCI communicates with End Users primarily via email. Notices to End User shall be sent to the email address specified by End User at the time of registration for the Service or as subsequently specified by End User. End User is responsible for notifying VCI of any email address changes. End User agrees that sending a message to the email address is the agreed upon means of providing notification. Email is used to communicate important information about the Service and other information. The information is time-sensitive in nature. It is required that End User read any email sent to the email address in a timely manner in order to avoid any potential interruption in the Service provided hereunder.
14. RESOLUTION OF DISPUTES
- Pre-efiling Notice of Claim. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, End User hereto shall provide VCI with an opportunity to resolve the claim by sending a written description of the claim to VCI. If VCI is not able to resolve the claim within 30 days of the receipt of the notice of dispute, then End User may initiate Arbitration as prescribed below. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or Equipment must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- All claim notices should be sent to:
- Director of Customer Service
- Voyzze Communications, Inc.
- 39159 Paseo Padre Pkwy
- Suite 204
- Fremont CA 94538
- Binding Arbitration. The arbitration process established by this section is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C.1-16. Both End User and VCI have the right to take any dispute that qualifies to small claims court in Alexandria, Virginia, rather than arbitration. All other disputes arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any service or advertising having a connection with this Agreement and any dispute not finally resolved by a small claims court. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Dispute Resolution Section is determined to be unenforceable, then the remainder shall be given full force and effect. The arbitration of any dispute involving $10,000 or less shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. The arbitration shall be conducted in Alexandria, Virginia and End User hereby agrees to such venue. The AAA's Commercial Arbitration Rules and fee schedules will apply to any disputes in excess of $10,000. The End User has the right to be represented by counsel in arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. The arbitrator may not award punitive, exemplary or similar damages. The parties agree that an award of such damages will be void if issued. No dispute may be joined with another legal action, or in arbitration with a dispute of any other person, or resolved on a class-wide basis. The Arbitrator may not award any damages that are not expressly set forth in this agreement and, in the absence of a statute, may not award punitive damages or attorney's fees.
- Fees and Expenses of Arbitration. Each party must pay its own expenses associated with any arbitration, including its attorneys' fees. If End User files a request for arbitration, End User will have to pay a filing fee in accordance with the AAA fee schedule. Under AAA rules, some costs such as the arbitrator's fees and expenses will be allocated between the parties.
- Governing Law. This Agreement is governed by and construed under the laws of the State of Virginia and applicable federal law, without regard to its choice of law principles. This governing law provision applies no matter where the End User reside, or where the End User use or pay for the Service.
- Assignment. End User may not assign this Agreement or any rights hereunder. VCI may assign this Agreement or any rights hereunder at any time to any party, as VCI shall determine in its sole discretion and without giving prior notice.
- No Waiver. The failure of VCI at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by VCI.
- Severability. If any part of this Agreement is declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
- Headings. The captions and headings appearing in this Agreement are for reference only and shall not be considered in construing the same.
- Drafting. This Agreement and its provisions shall not be construed or interpreted for or against any party hereto because that party drafted or caused its legal representative to draft any of its provisions
- Third Parties. Nothing in this Agreement, express or implied, is intended to confer or shall confer upon any persons other than the parties hereto any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement.