Terms of Service – Customer Service Agreement
- Parties
QuickCall.com (“QuickCall.com”) is pleased to provide prepaid telephone service (the “Service”) to you, subject to these terms of service (the “Terms of Service”). “You” and “your” refer, as applicable, to you and every person who uses the service provided to you. - Responsibility for All Charges
By paying for the prepaid Service provided by QuickCall.com, you accept these Terms of Service. You are responsible for all charges incurred while using the Service. These Terms of Service will continue in effect from the time you register with QuickCall.com and thereafter until you close your account. - Inclusive Fees, Rates, and Changes to Terms of Service
The Service is offered to you inclusive of all goods and services tax, sales and other taxes and fees applicable thereon (“Taxes and Fees”). QuickCall.com reserves the right to add to/round up each call by one (1) minute and/or charge additional Taxes and Fees as required by law. It is your responsibility to go to QuickCall.com’s website to review the Terms of Service, as well as any updates to rates, Taxes and Fees. If you do not have access to the internet, you are not eligible to receive the Service. Because this is a prepaid Service, you will not receive a detailed invoice from QuickCall.com. Instead you will have a “My Accounts” link/page correlating with your account which will identify your prepaid balance, your rates, calls placed, and charges applied to said prepaid balance.If you dispute any charges therein, you have up to thirty (30) days from the date the charge is incurred (as set forth in your My Account page) to notify QuickCall.com of your dispute. If you do not dispute a charge by that time, the charge shall be deemed valid. To properly dispute an charge, you must call QuickCall.com customer service at 855.225.9914. - Default and Termination
Without prior notice to you, QuickCall.com may, in its sole discretion, terminate your use of the Service if you breach any of the material terms of these Terms of Service. - Use of the Service
Your use of the Service must comply with these Terms of Service and all applicable laws and regulatory requirements. Without limitation, you may not directly or indirectly: (a) use the Service: (i) for any purpose that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, federal or international law, or for the purposes of encouraging or assisting others to do any of the foregoing; (ii) to make prank, harassing, threatening, annoying, abusive or offensive calls or other communications; (iii) to invade another person’s privacy or collect or store personal data about other users of the Service; (iv) to stalk or otherwise harass another; (v) to harm minors; (vi) to unlawfully use, transmit, disseminate or otherwise make available content that is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive; (vii) to unlawfully promote or incite hatred; or (viii) to transmit, disseminate or otherwise make available information protected by copyright, or other proprietary or contractual right, or related derivative works, without obtaining prior permission of the copyright owner or rights holder; (b) resell or transfer the Service to any other person for any purpose or receive, directly or indirectly, any charge or benefit for the use of the Service, without express written permission from QuickCall.com. If you find that your Service has been or is being fraudulently used, you must immediately notify QuickCall.com and provide QuickCall.com with the documentation and information it may request (including affidavits and police reports). Until you so notify QuickCall.com, you will remain responsible for all charges made to your account. You agree to cooperate with QuickCall.com in any fraud investigation and to use any fraud prevention measures QuickCall.com prescribes. Failure to provide reasonable cooperation will result in your liability for all fraudulent usage. To protect against unauthorized use, accounts billing more than $100 per billing cycle may be subject to interruption of service, unless prior arrangements have been made with QuickCall.com at 855.225.9914. - Confidentiality of Customer Information
Unless you provide express consent or disclosure is required pursuant to a legal power, all information kept by QuickCall.com and its affiliates regarding you other than your name, address, listed telephone number and electronic mail address, is confidential and may not be disclosed by QuickCall.com to anyone other than: (i) you or a person who, in QuickCall.com’s reasonable judgment, is seeking the information as your agent; (ii) another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose; (iii) a company involved in supplying you with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; (iv) an agent retained by QuickCall.com to evaluate your credit worthiness, provided the information is required for and is used only for that purpose; (v) or to a public authority or agent of a public authority, if in the reasonable judgment of QuickCall.com, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information. Express consent may be taken to be given by you where you provide: (a) written consent; (b) oral confirmation by an independent third party; (c) electronic confirmation through the use of a toll-free number; or (d) consent through other methods as long as an objective documented record of your consent is created by you or an independent third party. - General Limitation of Liability
QuickCall.com is not liable for any deficiency in performance caused in whole or in part by act or omission of an underlying carrier or service provider, dealer, equipment or facility supplier, by unavailability or discontinuation of services to QuickCall.com or to other services utilized by QuickCall.com, by network problems, lack of connections or network problems, equipment failure or incidents in the course of upgrade or modification, Acts of God, strikes, fire, terrorism, war, riot, emergency, government actions, equipment or facility unavailability or relocation, or causes beyond QuickCall.com’s reasonable control, including without limitation the failure of an incoming or outgoing call, failure of 9-1-1 service or location services, priority access or secured call service. EVEN IF QUICKCALL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, QUICKCALL.COM WILL NOT BE LIABLE TO YOU OR ANY OF YOUR AGENTS, FAMILY MEMBERES, OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE OR OTHER SERVICES, INCLUDING, WITHOUT LIMITATION: INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR MULTIPLE DAMAGES; LOSS OF PRIVACY OR SECURITY DAMAGES; INTELLECTUAL PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE; LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS, COST OF REPLACEMENT PRODUCTS AND/OR SERVICES, SUSPENSION OR TERMINATION OF SERVICES OR YOUR INABILITY TO USE THE SERVICE, THE CONTENT OF ANY MESSAGE OR COMMUNICATION TRANSMITTED TO OR RECEIVED BY YOU; OR LOSSES RESULTING FROM PURCHASE OF GOODS OR SERVICES THROUGH USE OF QUICKCALL.COM’S SERVICE OR TRANSACTIONS ENTERED INTO THROUGH USE OF THE SERVICE.THE MAXIMUM AGGREGATE LIABILITY OF QUICKCALL.COM TO YOU, AND THE EXCLUSIVE REMEDY IN CONNECTION WITH THESE TERMS OF SERVICE FOR ANY AND ALL DAMAGES, INJURY, LOSSES ARISING FROM ANY AND ALL CLAIMS AND/ OR CAUSES OF ACTION RELATED TO THE SERVICE SHALL BE A REFUND OR REBATE OF THE PRORATED OR OTHER SERVICE CHARGES YOU HAVE PAID OR OWE FOR THE APPLICABLE SERVICE. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS WILL NOT ENLARGE OR EXTEND THIS LIMITATION OF MONEY DAMAGES. ANY DISPUTE OR CLAIM BETWEEN YOU, ANY MEMBER OF YOUR HOUSEHOLD OR ANY GUEST OR EMPLOYEE OF YOU AND US ARISING OUT OF OR RELATING TO THE SERVICE WILL BE RESOLVED BY ARBITRATION WITHIN THE STATE OR TERRITORY IN WHICH YOU LIVE. THE ARBITRATOR’S DECISION WILL FOLLOW THE PLAIN MEANING OF THE RELEVANT DOCUMENTS, AND WILL BE FINAL AND BINDING. WITHOUT LIMITING THE FOREGOING, THE PARTIES AGREE THAT NO ARBITRATOR HAS THE AUTHORITY TO: (I) AWARD RELIEF IN EXCESS OF WHAT THIS AGREEMENT PROVIDES; OR (II) AWARD PUNITIVE OR EXEMPLARY DAMAGES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. ALL CLAIMS SHALL BE ARBITRATED INDIVIDUALLY. YOU SHALL NOT BRING, OR JOIN ANY CLASS ACTION OF ANY KIND IN COURT OR IN ARBITRATION OR SEEK TO CONSOLIDATE OR BRING PREVIOUSLY CONSOLIDATED CLAIMS IN ARBITRATION. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL. - Customer Complaints
You may report any customer complaints to QuickCall.com by calling 855.225.9914. - Governing Law
These Terms of Service are governed exclusively by the laws of the state in which you live. - General Provisions
These Terms of Service, together with QuickCall.com’s published Service rates, QuickCall.com’s content in your My Accounts page/link, and any guides or manuals that QuickCall.com may provide to you regarding your Service, all as amended from time to time, constitute the entire written agreement between you and QuickCall.com for the Service and supersede all prior agreements, written or oral. Any provision of these Terms of Service that is unenforceable at law will be ineffective to the extent of such enforceability without invalidating the remaining provisions of the Terms of Service. No failure by QuickCall.com to exercise any right under these Terms of Service will constitute a waiver of any provision of these Terms of Service. These Terms of Service inure to the benefit of and are binding on you and your heirs and legal personal representatives. You may not assign or transfer these Terms of Service. QuickCall.com may assign or transfer these Terms of Service or any of its rights or obligations hereunder and these Terms of Service inure to the benefit of and are binding on QuickCall.com’s successors and assigns.
Revised as of December 8, 2014.