Please read these terms and conditions before subscribing to Call USA.ws services or otherwise using this website (www. Call USA.ws )These terms and conditions govern your access to, and use of, the Website. Your subscription to, and use of, the Services is subject to separate terms and conditions.
By accessing and using the Website, you agree to be bound by these terms and conditions as well as any additional rules or policies that are or may be published on the Website from time to time. If you use the Website in a manner inconsistent with these terms and conditions, we may terminate your access, block your future access and/or seek such additional relief as we may determine necessary in our sole discretion.
This Customer Service Agreement (the "Agreement") sets forth the terms and conditions associated with your use of Call USA.ws Services. "You" and "your" mean the customer of the Services defined below, and “Call USA.ws”, "we," "our," and "us" mean Midwest Equipments, LLC. and any affiliates involved in providing you with the Services.
By enrolling in, using or paying for the Services, you accept and agree to the terms and conditions set forth in this Agreement. Your online agreement and/or acceptance of this Agreement by use of Services will carry the same legal authorization as if you are providing a handwritten signature of agreement acceptance.
"Services" means the international telecommunications services and audio content services provided by Call USA.ws as listed on the Website and more specifically described in the Service Guides. The Services covered in this Agreement may not be available in all locations.
"Rate Guides" mean the rate guides that set forth the specific price and charges, service descriptions and other terms and conditions that apply to each of the Services. You can review the Rate Guides on our Website at www.Call USA.ws. This Agreement incorporates by reference the prices, charges, terms and conditions contained in the Service Guides.
"Website" means the Call USA.ws site at www.Redirectmycalls
Usage Policy
1. Services Provided. Call USA.ws offers you, among other things, the ability to make international telephone calls using touch-tone telephones by dialing the access number(s) listed on the web site, entering a Personal Identification Number ("PIN") provided to you by Call USA.ws and dialing the called party. These Services do not require that you change your current telephone service provider(s) in order to use the Services.
2. Opening an Account. In order to become a Call USA.ws customer, you must complete in full an application form on our Website. As part of the application, you will provide us with your personal identification information as well as a valid credit, debit or charge card number issued by one of the following card companies: MasterCard, VISA, American Express or Discover Card. We may use such information to verify your identity and your creditworthiness. You give us permission to make such verification and to obtain your credit information from consumer credit reporting agencies at any time.
Please do not register with a hotel/hostel/public phone numbers when you open your Call USA.ws account. In case you have registered any hotel/hostel/public phone number, then kindly deregister it immediately.
Once you have been accepted as a Call USA.ws customer, we will send you an electronic mail message (an "e-mail") that confirms that you have become a Call USA.ws customer and provides you with information concerning your Call USA.ws account (your "Account"). The e-mail will also provide you with an account number and a unique 4-digit PIN, which you must use when using the Services. Thereafter, we will not make any adjustments to your Account information or send the account number or PIN unless we are provided with your social security number and/or the answer to the security question.
We may deny your application and refuse to provide you with the Services if your credit is not deemed satisfactory or for other lawful reason, which determination shall be made at our sole discretion.
3. Usernames/Passwords/Personal Identification Numbers. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND PIN, AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. If you believe that your Account and/or PIN is being used in an unauthorized manner, you agree to contact us immediately so that the appropriate modifications can be made to your Account. Please be aware that your Account information will be sent to the e-mail address that you entered on the application when you applied to become a Call USA.ws customer. You are responsible for maintaining a current, operational and secure e-mail address and for reading e-mail from us so that we can notify you of updates to our Services and provide information concerning your Account. You acknowledge and accept that considering the nature of the Services, changes of your password will be required from time to time in order to avoid misuse and to maintain the secrecy of your account information. We will not be responsible for any wrongful or unauthorized use of your password or account under any circumstances. We will not be held responsible if others can access that email account and obtain your Account information. Please note also that you are responsible for any and all charges to your account and that we cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit/debit/charge card or PIN.
4. Access Numbers. To access our Services, you must dial the access number specified on the website. After dialing an access number, you must enter your registered phone number and PIN (unless you are dialing from your registered phone number) and then the destination telephone number. However, due to security reasons, you may still be required to enter your PIN even when dialing from your registered phone number.
Before you use the access number, you should check with your local telephone service provider to ensure that no toll charges are associated with calls to that access number. We will not reimburse you for any charges assessed by your local phone company as a result of your dialing one of our access numbers. Similarly, if you use a cellular phone to dial one of our access numbers, we are not responsible for any additional charges your cellular service provider may levy on your account for using the Services on your cellular phone.
5. Customer Service. If you have questions, concerns or complaints about your Service, you may contact our Customer Service Department 24 hours a day, 7 days a week by e-mail at customercare@Call USA.ws
Charges and Payment
1. International Calling Rates and Charges. Our rates and charges are listed on our Website and in the applicable Rate Guides. The rates and charges for any particular call may depend on a number of factors, including whether you are calling from a payphone or the number you are calling is served by a Call USA.ws affiliate. For example, if we are charged for your use of a payphone or other facility to originate a call, we will charge you a 69-cent surcharge regardless of whether your call is actually completed. You are responsible for checking all applicable rates and charges, including payphone or other facility surcharges, before making any call using the Services.
2. Rating of International Calls. Charges for telephone calls are measured in whole minutes. All calls which are fractions of a minute are rounded up to the next whole minute (e.g., a call which lasts 1 minute, 25 seconds will be charged as a 2 minute call). Timing on calls begins when the call is answered by the called party. Timing terminates on calls when the calling party hangs up or Call USA.ws's network receives an "on -hook" signal from the terminating carrier. We may change the billing period or billing increment from time to time by posting any such change on our Website at least seven (7) days before they become effective, except that any change that is required by law or a governmental authority shall be effective immediately.
3. Taxes and Other Charges. You must pay all taxes, fees, surcharges and other charges that we bill you for the Services, unless you can show documentation satisfactory to us that you are exempt. Taxes, fees, surcharges and other charges will be in the amounts that federal, state and local authorities require us to bill you. We will not provide advance notice of changes to taxes, fees, surcharges and other charges, except as required by applicable law.
4. Rate Changes. We may change the rates and charges for the Services and offer special promotions from time to time. We may decrease rates or charges at any time without providing advance notice. We will post any increase in our rates or charges on our Website at least seven (7) days for the international calling service, except that increases that recover our costs associated with government programs (excluding taxes and other charges) are effective no sooner than three (3) days after we post such increases on our Website.
5. Payment. The rates and charges applicable to the Services are as described above and in the Rates Guides. You hereby agree (i) to pay us at such rates and charges, (ii) that we may charge all outstanding amounts in your Account to any bank transfer or direct debit facility, as applicable, or any credit, debit or charge card number you have provided to us (a) in your application for the Services or (b) subsequently irrespective of when such charges were incurred, and (iii) if the charge to your credit, debit or charge card is not accepted, that we may bill you directly for such outstanding charges. In the event we elect to bill you directly for such outstanding charges and you fail to pay such charges in full within the required period, you hereby agree to permit us to charge such outstanding charges or, in the case of any partial payment, the remaining balance of your outstanding charges, to your credit, debit or charge card. You agree to inform us immediately of any changes to your credit, debit or charge card information, including without limitation, the expiration date. We reserve the right to retain any credit, debit or charge card information you provide to us and to charge any outstanding charges to any such card as long as your Account remains active and for any reasonable period thereafter. If the charge to your credit, debit or charge card is not accepted for any reason whatsoever, including without limitation, if the card is no longer valid or you have instructed the credit, debit or charge card issuer to block, reject or refuse to pay such charge, we may charge you an additional fee as well as a late fee of 1.49% per annum which we will apply to that period's unpaid balance and any outstanding amounts that remain unpaid at the time of the next bill. If the state law where you receive the Services requires a different penalty fee or rate, we will charge the penalty fee or rate required by such state. We reserve to amend the list of payment options stated above at any time in the future; provided , that all active payment options will be displayed on the Website.
Prepayments . The following conditions will govern prepayments you make to your Account balance:
You may top up your Account balance at any time by recharging your account on our Website. Any prepayment will be charged to the credit, debit or charge card that you listed in your application for enrollment to use our Service. We will provide you with an e-mail confirmation each time you make a prepayment that is credited to your Account balance at the e-mail address provided by you at the time of registration or as later modified. Prepayments must be made in provided dollar denominations, with a minimum purchase of $5.00.
The prepayments credited to your Account do not expire so long as your Account remains active. However, in the event your Account expires in accordance with the terms and conditions of this Agreement, we will not be obligated to refund any balance remaining in your Account to you.
6. Billing Information and Monthly Statements. All Call USA.ws customers will have confidential access to their billing or usage information - for the current month and the prior three months - on the Website under "My Account" 24 hours a day/ 7 days a week. For example, if you review your billing information in June, you will be able to see your charges to date for June as well as the preceding May, April, and March. We may assess you a processing fee if you request a copy of a statement that is no longer available online.
7. Billing Disputes. You are responsible for reviewing your monthly statements or billing information, as the case may be. If you are enrolled in a prepaid calling plan, you must notify us by e-mail (customercare@Redirectmycalls) of any disputed charges within thirty (30) days of the charge being posted to your Account. To the extent we determine that a billing adjustment is warranted, we will credit your Account as provided as applicable. If you fail to notify us of a billing dispute as noted above, you will waive all rights to bring any claim regarding the particular charge.
Call USA.ws will not be liable for the liabilities whatsoever resulting from your registration of hotel/hostel/public phone numbers or otherwise any claims by you or third parties.
Cancellation of Services
1. Cancellation. You may discontinue using the service at any time by notifying us by e-mail (customercare@Redirectmycalls). We will then shut down access to your Account. If you are enrolled in a prepaid Service, you will not be entitled to any refund of the unused balance in your prepaid Services Account as of the date you discontinue service.
2. Expiration Policy. We may, in our discretion, elect to let your Account and your PIN expire after twelve (12) months of inactivity (measured from the date of last use or last recharge on the Account, whichever is later). If you desire to keep your Account active, you may request an extension of the expiration period by notifying us by e-mail (customercare@Redirectmycalls). Upon receipt of your request, we may, at our sole discretion, provide you with an extension of the expiration date of your Account and your PIN. All extensions will be confirmed by us via e-mail. Please note that we are not obligated to provide you with such an extension nor are we obligated to refund any remaining balance left in your prepaid Services Account as of the date it expires.
3. Fraudulent Use; Termination by Call USA.ws. You will not use the Services for any unlawful, abusive, or fraudulent purpose, including, for example, using the Services in a way that (1) interferes with our ability to provide Services to you or other customers; or (2) avoids your obligation to pay for the Services. If we have reason to believe that you or someone else using your PIN or Account is abusing the Services or using them fraudulently or unlawfully, we can immediately suspend, restrict, or cancel your Account and your ability to use the Services without advance notice. If you do not make payments for current or prior bills, including payments for late fees or any other required additional charges, by the required due date or we are unable to charge to your credit/debit/charge card (e.g. the card is no longer valid or you have instructed the credit/debit/charge card company to block, reject or refuse to pay such charge) such amounts as payable by you, we may suspend, restrict, or cancel your Account and your ability to use the Services upon two (2) days notice to you via e-mail. In all other instances, we reserve the right, at our sole discretion and for any reason, to (a) suspend, restrict or terminate your Account and your access to the Services and/or (b) refuse to allow you to recharge your prepaid Services Account, upon five (5) days electronic notice to you.
4. Other. We may from time to time discontinue certain Services, subject to applicable law and regulation.
Indemnification, Limitation of Liability and Warranties
1. Indemnity. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY CLAIM BY THIRD PARTIES AGAINST EITHER OF US ARISING FROM YOUR USE OF THE SERVICES OR THE WEBSITE. IN ADDITION, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, RELATED TO THE DEFENSE OF ANY SUCH CLAIM AGAINST US, UNLESS SUCH CLAIMS ARE BASED ON OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.
2. Limitation of Liability. EXCEPT FOR DAMAGES CAUSED BY OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, WE WILL NOT BE LIABLE FOR DAMAGES THAT EXCEED THE AMOUNT OF OUR CHARGES TO YOU FOR THE SERVICES DURING THE RELEVANT PERIOD. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, OR INCREASED COSTS OF OPERATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS IT IS BASED (SUCH AS CONTRACT, TORT, STATUTE OR OTHERWISE). IN ADDITION, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, OUR SERVICES THROUGH TOLL OR LOCAL ACCESS NUMBERS. AS INDICATED EARLIER, WE ARE NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. THIS SECTION IV WILL REMAIN IN EFFECT AFTER THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
3. No Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING OUR EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
Resolution of Dispute.
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY.
1. Binding Arbitration. The arbitration process established by this Section V is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. You agree that all disputes, claims and/or controversies 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 in accordance with the provisions of this Section V, and you waive all rights to take a dispute or claim to a small claims court or any other judicial forum. This includes any dispute based on any product, Service or advertising having a connection with this Agreement.
2. Arbitration Procedures. The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association's ("AAA") Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date the dispute is submitted to the AAA. The arbitration will be conducted by a single arbitrator, who shall be an individual engaged in the practice of law. The arbitrator shall be selected by the AAA in accordance with its procedures. You have 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.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES OR FEES ARE EXPRESSLY AUTHORIZED BY A STATUTE OR PROVIDED FOR IN THIS AGREEMENT. YOU AND Call USA.ws BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
3. Arbitration Information and Filing Procedures. Before you take a dispute to arbitration, you must first contact us by e-mail at customercare@Redirectmycalls, and give us an opportunity to resolve the dispute. Similarly, before we take a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or Call USA.ws is notified by the other of a dispute, then either party may then contact the AAA in writing at AAA Service Center, 134555 Noel Road, Suite 1750, Dallas, Texas 75240-6620 and request arbitration of the dispute. Information about the arbitration process and the AAA's Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, on-line, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location that the AAA selects in the state of your primary residence. Arbitrations under this Agreement shall be confidential as permitted by federal law. By notifying us within twenty days after commencing an arbitration proceeding, you may elect to relieve both parties to the arbitration of confidentiality obligations.
4. Fees and Expenses of Arbitration. You must pay the applicable AAA filing fee when you submit your written request for arbitration to the AAA. The AAA's filing fee and administrative expenses for document arbitration will be allocated according to the AAA's Rules, except as stated herein. If you elect an arbitration process other than a document ("desk") or telephone arbitration, you must pay your allocated share of any higher administrative fees and costs for the process you select. You may ask the AAA about the availability of a pro bono arbitrator and/or a waiver or deferment of fees and expenses from the AAA; more information about the AAA's rules and policies is available at the AAA's website, which is www.adr.org. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys' fees and expenses for witnesses, document production and presentation of evidence. If you prevail before the arbitrator, however, you may seek to recover the AAA's fees and the expenses of the arbitrator from us. If we prevail before the arbitrator, and if we show that you acted in bad faith in bringing your claim, then we may seek to recover the AAA's fees and expenses of the arbitrator from you.
5. Survival of this Section. If any portion of this Section V is determined to be invalid or unenforceable, then the remainder shall remain in full force and effect.
Miscellaneous.
1. Agents and Resellers. No agent or reseller is permitted to sell our Services, electronically or through phone cards, unless it has been specifically authorized by Call USA.ws. If you are contacted by an agent, you should contact us to confirm whether the agent has the proper authorization. We cannot be held liable for any representation by a third party.
2. Access to Third-Party Vendors. We may, from time to time, offer our customers the ability to purchase various products and services from third-party vendors by accessing those third-party vendors directly through the Website via click-throughs or hyperlinks. We are 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. We provide these links to you only as a convenience, and the inclusion of any link does not imply an endorsement, guarantee or warranty (either expressed or implied) by us of the site or the products/services offered through that site. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE 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.
3. Acts Beyond Our Control. Except for your obligation to pay for the Services, neither of us is liable to the other for any delay, failure in performance, loss or damage due to causes beyond our reasonable control, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, acts or omissions of carriers or suppliers, systems failure and acts of regulatory or governmental agencies.
4. Consent to E-Mail Communications. By entering into this Agreement, you consent to the receipt of e-mails from Call USA.ws. In addition to sending you e-mail notifications as provided for above, we may also send you e-mails about other products and services we believe may be of interest to you. You may opt-out of future e-mails about products or services by contacting us either by e-mail at unsubscribe@Redirectmycalls. We reserve the right, however, to continue to e-mail you important information relating to your Account, this Agreement or the Services in which you are enrolled.
5. Modifications/Amendments. We may modify or amend this Agreement, including the referenced Service Guides, from time to time. Unless otherwise provided in this Agreement, all such modifications or amendments shall be effective immediately upon posting on the Website. You may request a copy of the revised Agreement by e-mailing us at customercare@Redirectmycalls. YOUR CONTINUED USE OF YOUR ACCOUNT AND/OR THE SERVICES AFTER THE NOTICE PERIOD WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE BY YOU OF ANY SUCH MODIFICATIONS OR AMENDMENTS.
6. Trademarks. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Call USA.ws, including but not limited to, "Call USA.ws" and "Call USA.ws.com" (collectively "Marks") are and shall remain the exclusive property of Call USA.ws and nothing in this Agreement shall grant you the license to use such Marks without our prior written permission.
7. Assignment. We may assign all or part of our rights and duties under this Agreement to any party at any time without notice to you. If we do that, we will have no further obligation to you in connection with such assigned duty. You may not assign your rights and duties under this Agreement without our prior written permission.
8. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will continue in full force and effect.
9. Integration - Entire Agreement. This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between you and Call USA.ws with respect to the Services provided hereunder and will supersede and replace all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and Call USA.ws. No written or oral statement, advertisement or service description not expressly contained in the Agreement will be allowed to contradict, explain, modify or supplement it. You acknowledge and agree that you are not relying on any representation or statement by Call USA.ws that is not included in this Agreement.
10. Governing Law. This Agreement is governed by the Federal Communications Act to the full extent applicable, and otherwise by the law of the State of New York, without regard to its choice of law rules. The arbitration provisions in Section V are also governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pay for the Services.
11. 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.
12. Compliance with Laws. You agree to use the Services in a lawful manner that is consistent with the terms and conditions of this Agreement and all applicable federal, state and local laws and/or regulations. Notwithstanding any other provision contained in this Agreement, we reserve the right to immediately, and without notice, terminate, or otherwise discontinue, your Account and PIN in the event we determine that you have violated any such term, condition, law and/or |