Fonelinx - Prepaid phone card

Terms & Conditions

TERMS OF SERVICE

We make this Website available and offer our products and services based on the terms and conditions set forth in the Customer Agreement below. By using this Website and purchasing products or services from us, you agree to the terms and conditions in the Customer Agreement, with the same legal effect as signing a physical copy of the Customer Agreement.

We may amend the terms of our Customer Agreement at any time. Amendments will take effect as soon as they are posted on this Website. You must visit this page often to ascertain any changes to Customer Agreement.

CUSTOMER AGREEMENT

This Customer Service Agreement (the "Agreement") governs all the terms and conditions associated with use of this website (the "Website") and the products and services offered by or through Fonelinx ("Fonelinx") to customers ("you" or the "Customer").

1. Products and Services Offered.

   Fonelinx uses this Website to offer local, long-distance and international calling services ("Calling Services"). The Calling Services are offered exclusively on a prepaid basis. You may purchase Calling Services with a specified value (the "Service Value"), and you may use the Calling Services using a touch-tone telephone by dialing the access number(s) provided to you and entering a unique Personal Identification Number ("PIN") supplied to you to identify your Calling Services account. Fonelinx may also offer other products and services from time to time, which will also be governed by the terms of this Customer Agreement, unless otherwise indicated. A list of Fonelinx products and services can be found on the Website.

2. Opening an Account.

   In order to purchase Calling Services, you must complete in full an application form on the Website, provide a valid credit card number or other permitted payment method, select a non-refundable, specified US dollar value of Calling Services you wish to purchase and, specify the type of Calling Services you are purchasing. All transactions are in USD. For transaction security we use SSL encryption. Your credit card will be billed immediately after purchase. Following completion of your purchase, you will be sent an electronic notification (in the form of an e-mail message), which will state the value of the Calling Services you purchased, and will also provide you with a unique PIN and access number which you must use to access Fonelinx's services. We recommend the cardholder to print out all transaction data, the terms and conditions and the payment methods in order to avoid misconceptions and discussions at a later time. Fonelinx will establish an account (the "PIN Account") to track the Service Value that you are entitled to receive.

3. Placing Calls.

   To use the Calling Card PIN that you have purchased please dial the supplied access number as giving on your receipt. After dialing an access number you must enter your PIN and then the destination telephone number.

4. Access Charges and Surcharges.

   Check with you local phone service provider to ensure that there are no charges imposed to call the access number provided by Fonelinx. Fonelinx will not reimburse you for any extra charges assessed by your local phone company as a result of dialing one of Fonelinx's access numbers. In addition, you should be aware that FCC-mandated access surcharges apply to calls placed from public payphones. Additional charges may apply to place call from hotels, hospitals, aircraft and similar public locations. Surcharges for calls from public telephones are typically $0.55 per call. Fonelinx is charged the surcharge by the payphone operator for the toll free call to the access number regardless of whether you complete a call after reaching the access number. We cannot determine in advance whether a surcharge will be imposed from a phone listed in the above locations. The payphone operator will assess the charge, if any, after you place your call. Fonelinx is not responsible for any surcharges. Please note that there may also be surcharges for calls to certain numbers within a country, e.g. cell phone numbers or other wireless devices. Any surcharges paid by Fonelinx will be charged to your PIN Account. Any surcharges you incur will be your responsibility.

5. PIN Account.

   Fonelinx will deliver Calling Services only in the amount you have paid for in advance. The remaining Service Value of Calling Services to be provided will be reflected in your PIN Account. As you use Fonelinx's Calling Services, the Service Value in your PIN Account will be reduced accordingly. No Calling Services will be provided if your PIN Account does not have sufficient Service Value to cover the cost of the service. Calls may be interrupted to the extent that the remaining balance in your PIN Account is depleted.

6. Use of PINS.

   YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PIN. You are solely responsible for any and all charges to your account and that Fonelinx is not responsible and will not issue refunds for fraudulent charges that result from theft or fraudulent use of your PIN Account and/or PIN. YOU WILL BE RESPONSIBLE FOR THE VALUE ALL SERVICES CHARGED TO YOUR PIN ACCOUNT WHETHER OR NOT YOU HAVE AUTHORIZED USE OF YOUR PIN ACCOUNT. You are also responsible for all activities that occur under your PIN. If you believe that your PIN is being used in an unauthorized manner, you agree to contact Fonelinx within one calendar day so that the appropriate modifications can be made to your PIN Account.

7. Rates.

   Fonelinx's rates for Calling Services are listed on the Website and are incorporated by reference into this Agreement. Rates for Calling Services are subject to change without notice. You are responsible for checking all applicable rates before making any call using Fonelinx's services. Fonelinx reserves the right, at its sole discretion, to modify those rates at any time and/or to offer special promotions. While our goal is to maintain consistent and competitive rates on all Calling Services, we cannot guarantee that rates will not be altered significantly before you use the Calling Services purchased, which could significantly affect the amount of Calling Services you are entitled to. Fonelinx is not obligated to credit back any unused Service Value in your PIN Account in connection with rate changes or otherwise. Charges for telephone calls are measured in whole minutes. All calls which are rounded up to the next whole minute and charged accordingly.

8. Billing Information and Notifications.

   Fonelinx does not send any invoices or statements to its customers. You are responsible for maintaining a current and operational email address and for reading email from Fonelinx so that we can notify you of updates to Fonelinx's services and any customer account information.

9. Billing Disputes.

   You must notify Fonelinx by e-mail of any disputed charges within thirty (30) days of the charge being posted to your PIN Account. Fonelinx will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent Fonelinx determines, at its sole discretion, that a billing adjustment is warranted, your PIN Account will be credited accordingly. If you fail to notify Fonelinx of a billing dispute as noted above, you will waive all rights to bring any claim regarding the dispute.

10. Interrupted Calls and Quality of Service.

    All calls placed using your PIN Account are routed by Fonelinx to independent carriers. Fonelinx is not responsible for the quality of service provided by these independent carriers, for dropped or interrupted calls, or for any failure to place a call. Fonelinx will not refund charges for interrupted calls. Fonelinx's services should not be used to place emergency or urgent calls, and you should not rely on the availability of service from Fonelinx's carriers at any given time.

11. Credit Review.

    Fonelinx may refuse to provide service if your credit is not deemed satisfactory by Fonelinx, in its sole discretion.

12. Account Expiration.

    Unless otherwise specified, your PIN is valid for use within the limited period (from the date of purchase) specified in you Order Confirmation. Your PIN Account and PIN will expire after the period specified. Fonelinx will not refund the purchase price of any unused services upon account expiration. Fonelinx will consider requests for extension of a PIN Account to the extent received in writing or by email received prior to the expiration date. Fonelinx is not obligated to provide any extension or to respond to any extension request.

13. Cancellation by Customer.

    You may choose to discontinue service at any time by providing written or email notice. We will then shut down access to your PIN Account. You will not be entitled to any refund of the unused balance in your prepaid PIN Account upon cancellation. You remain responsible for all charges for services provided through the date you cancel your PIN Account.

14. Termination by Fonelinx.

    Fonelinx may immediately cancel any PIN Account in Fonelinx's discretion if Fonelinx determines that the PIN Account was used in violation of this Agreement. If fraud is suspected, Fonelinx has the right to put an account immediately on hold until further investigation takes place. In addition, Fonelinx reserves the right, at its sole discretion and for any reason, to terminate this Agreement and your access to its services, upon five (5) days electronic notice.

15. Taxes.

    Fonelinx reserves the right to pass through to you any new government taxes, fees, surcharges that apply to your use of the Calling Services.

16. Third-Party Vendor Promotions.

    Fonelinx may from time to time offer special promotional programs to our Customers. We may provide direct links to other online vendors from the Website, and we may notify you electronically of special promotions or offers by Fonelinx or other vendors. Fonelinx is not responsible for the contents of any linked site, the products/services offered through those sites, any link to other sites contained in a linked site, or any changes or updates to such sites. Fonelinx provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement, guarantee or warranty (either expressed or implied) by Fonelinx of the site or the products/services offered through that site.

17. Customer Service.

    If you have questions, concerns or complaints about your Service, you may contact our Customer Service Department from 6:00 AM to 9:00 PM EST any day (excluding holidays), by e-mail at support@fonelinx.net.

18. Limitation of Liability.

    Fonelinx SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM. Fonelinx WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, AND EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF Fonelinx HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Fonelinx IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OR RELATED IN ANY WAY TO YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICE THROUGH TOLL OR LOCAL ACCESS NUMBERS. Fonelinx IS NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. Fonelinx SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.

19. No Warranties.

    Fonelinx DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PUPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT. Fonelinx makes no warranty that its products or services, including the Calling Services, will meet the needs of any particular Customer, or will be uninterrupted, timely, secure or error-free. Fonelinx is not responsible for reimbursements for calls made with another service while Fonelinx's services are temporarily unavailable.

20. Force Majeure.

    Fonelinx shall not be liable for its failure to perform its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of Fonelinx.

21. Bankruptcy of Carrier.

    Fonelinx will not be liable or responsible to reimburse any lost Service Value allocated to a telecommunications carrier or distributor in the event the carrier or distributor declares bankruptcy or otherwise ceases operations.

22. Indemnity.

    You agree to indemnify, defend and hold Fonelinx, its members, officers, directors, employees, agents, licensors, suppliers, carriers and resellers from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorneys fees, which are the result of, or are in any way related to, your use of the Website, the Calling Services, and/or your transactions and communications with third-party vendors relating to the Calling Services or the Website.

23. Arbitration.

    All disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this Agreement shall be submitted by either party for final and binding resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Panama City, Panama. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys' fees of the prevailing party shall be assessed against the party against whom the award is rendered.

24. Modifications/Amendments.

    This Agreement may be modified or amended by Fonelinx at any time. Unless otherwise provided, all such modifications or amendments shall be effective upon posting on the Website. You are responsible for checking the Website frequently to ascertain any modifications. Your continued use of Fonelinx's services will be deemed acceptance of any prior modifications to the terms of this Agreement posted on the Website.

25. Assignment.

    Fonelinx may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement without the express written permission of Fonelinx. Your PIN and purchase Service Value are non-transferable.

26. Severability.

    If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provision will of this Agreement will continue in full force and effect.

27. Integration - Entire Agreement.

    This Agreement, together with any written amendments or written modifications, constitutes the entire agreement between you and Fonelinx with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, whether written, electronic or oral, between you and Fonelinx.

28. Governing Law.

    This Agreement and all modifications/amendments thereto, shall be governed by the laws of Panama.

29. Waiver.

    Either party's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

30. Privacy Policy.

    All customer data will be treated confidential and will not be sold to others.

31. Compliance with Laws.

    You agree to use Fonelinx's service in a lawful manner which is consistent with the terms and conditions of this Agreement and all applicable federal, state, local and overseas laws and/or regulations. You agree not to use any Fonelinx services for illegal purposes or for communications or transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous or otherwise objectionable, or which violates the intellectual property rights or any other person. Notwithstanding the provisions of Section 14 above, Fonelinx reserves the right to immediately, and without notice, terminate, or otherwise discontinue, your PIN Account and PIN in the event it determines that you have violated any such term, condition, law and/or regulation.

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