Please read this agreement completely and be sure you understand the content. This is an agreement between you and Vintalk, a subsidiary of Vinculum Communications Inc. (the Company) for long-distance communication and related services. This Agreement will take affect as soon as the sign-up process is completed and your account is activated on the Vintalk website. Furthermore, you acknowledge that Vintalk retains the right to refuse to accept this agreement if Vintalk believes for any reason that you may be unable to comply with, in whole or part, the obligations outlined herein.
Vintalk reserves the right to change rates without notice. Calls using our service are billed in one minute increments, with partial minutes rounded up to the next full minute. Vintalk rates do not include any applicable charges incurred by the phone service provider you are using to call a Vintalk access number. It is the customer's responsibility to check with their phone service provider to ensure the access number is a local call. Vintalk is not responsible for any charges customer incurs from their phone service provider. Please remember that international telephone carriers may charge higher prices to terminate calls to a wireless device or special service line in certain countries. For this reason, Vintalk may charge a higher rate for these calls. For a complete list of country rates and calling codes, review “Rates” at www.vincall.com.
The Vintalk Unlimited Service provided by Vintalk is intended for your personal use and not for commercial use or for resale. Loaning or renting your handset to third parties for their use is not considered personal use. We will presume certain usage, dialing, or calling patterns indicate that you are not using the ILD service for your personal use and we reserve the right to suspend, terminate or restrict your services with no prior notice. If your ILD service is suspended, terminated or restricted, you will not be entitled to any refunds. If you believe that we are in error, you may contact customer service at 800-980-5172 and depending on the circumstances we may reactivate your ILD Service. However, if the usage, dialing or calling patterns we deem connote non-personal use continues, we reserve the right to suspend, terminate or restrict your services within no prior notice and not allow you to reactivate service. The Vintalk Unlimited Service has an expiration date of 30 days and may only be used from one registered phone number that you assign. Vinculum reserves the right to add or delete international destinations from the Unlimited calling plan. All destinations included will be listed on the Vintalk website and may be changed without notice.
The Vintalk service is subject to account approval at the sole discretion of the Company. As long as you are able to connect with your Vintalk Access Number, service should normally be available to your phone. The Company also reserves the right not to provide service to countries or calling areas at its discretion. In the unlikely event of fraudulent calling patterns, excessive use, billing irregularities, or any other reason, including other potentially unlawful instances of use, the Company may prevent service access. In the event that the credit card supplied is invalid, or payment is declined by the card issuer when a charge is attempted, Vintalk service will be suspended until you are able to pay your account in full.
As with any other contract service, you are responsible for paying all charges incurred to your account. These would include (but are not limited to): long distance calls, use of additional service features, directory assistance, any applicable taxes, surcharges, Universal Service Fund (USF) Contribution and all other fees. If you activate Vintalk service for someone else, but do not have their permission to do so, you will still be held personally responsible for all charges to the account; you are fully bound by this agreement as though you had activated the service on your own behalf. Calls are measured from approximately the time the called party answers until approximately the time you press "End" or the other party disconnects the line. Calls that connect to fax machines, answering machines and voice mail are charged in the same way.
Vintalk is a prepaid service. You will find complete account and billing details in your account access at www.vincall.com. The initial payment and all subsequent recharges will automatically be posted to the credit card account of your choice. No additional notice or consent will be required for charging service use to your credit card. If we are unable to collect the full amount due on your account, we may attempt collection by processing several smaller charges on your credit card or payment method on record. Charges may also be debited from your checking account with no additional notice or consent required if that is the payment method you have selected.
Since Vintalk is a prepaid service, services are purchased in various denominations at the choice of the customer. Each purchase has an expiration date of 90 days. Therefore each purchase must be completely used within 90 days of purchase to keep your balance from expiring.
While we hope this is not the case, disputed amounts or other service-related issues can be addressed two ways: First, you may discuss your dispute with Vintalk Customer Care via our toll-free number, 1-866-866-7049. Second, you may detail your dispute in a letter sent to the address contained on our website. Either way, your dispute must be registered within 60 days of the date of the disputed charge. If these requirements are not met, you will waive any objections.
You may cancel your Vintalk service at any time. You may do so by (1) contacting Vintalk Customer Care by telephone, or (2) via our website, www.vincall.com. Please note that cancellation of service does not entitle you to a refund of your prepaid balance.
{If your phone is stolen, or if you suspect any unauthorized use of the Vintalk service, you must notify us immediately so that we can suspend service. You are responsible for all charges made using your telephone until service has been suspended.
Any person able to provide your name, address, mobile number and last 4 digits of the credit card on record or PIN is authorized by you to receive information about and make changes to your account, including addition or deletion of accounts. If you are receiving service through a business calling plan from your employer, you authorize us to share your account information with your employer.
Vintalk reserves the right to amend the terms of this agreement at any time. If you do not agree to the amendment, you may terminate the agreement and cancel your service.
Vintalk is not liable for acts or omissions of another service provider, for information provided via your registered phone(s), equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages, or for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of service by you or any other person. Our liability and the liability of any underlying carrier for any failure or mistake shall in no event exceed our service charges during the affected period. We are not liable for any incidental, punitive or consequential damages, such as lost profits. We are not liable for economic loss or injuries to persons or property arising from the use of service. This paragraph shall survive termination of this agreement.
You agree to defend, indemnify, and hold us, our affiliates and representatives and any other service provider, harmless from claims or damages relating to this agreement or your promises or statements made with regards to use of the service. This paragraph shall survive termination of this agreement.
We make no express warranty regarding the service and disclaim any implied warranty, including any warranty of merchantability or fitness for a particular purpose. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement.
Any dispute or claim arising out of or relating to this agreement or service provided in connection with this agreement will be resolved by binding arbitration except that (1) you may take claims to small claims court if they qualify for hearing by such a court, or (2) either party may choose to pursue claims court if the claims relate solely to the collection of any debts you owe us. However, even for those claims that may be taken to court, we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
You must first present any claim or dispute to us by contacting us in writing at the address contained on your invoice, to allow an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved in 60 days. The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association. Any arbitration will take place in San Diego, California. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or class arbitration, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither party may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation.
By this agreement you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
While every effort is made to control information, Vintalk is not liable for any lack of privacy you may experience while using the service. We have the right to intercept and disclose any transmissions over our facilities and to provide subscriber billing and call records and related information under certain circumstances (for example, in response to lawful process, warrants, and subpoenas or to protect our rights or property.)
We may assign all or part of this agreement without such assignment being considered change to the agreement and without notice to you. We are then released from all liability. You may not assign this agreement without our prior written approval.
This agreement shall be governed by, enforced and construed in accordance with the laws of the State of California.
These general terms and conditions represent the entire agreement between you and us and supersede all prior offers, contracts, agreements and representations. This agreement supersedes all promises made to you by our client services agents, representatives or employees. If any part of this agreement is found invalid, the balance remains enforceable.