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Terms and Conditions for the IsraelCallCard |
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Whereas
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Whereas IsraelCallCard is a division of Global Cellular Corporation (hereinafter: IsraelCallCard), a company offering the purchase of prepaid virtual calling cards;
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And whereas
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the customer is interested in purchasing from IsraelCallCard a virtual, prepaid calling card, as set out in the order form as completed on IsraelCallCard's website, or by phone or fax (hereinafter: the Order).
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Whereas it has been declared, stipulated and agreed as follows:
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1.
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General: The preamble and appendices of this agreement (including the Order) constitute an integral part hereof.
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2.
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The Transaction: The customer hereby purchases from IsraelCallCard, a prepaid calling card as presented on IsraelCallCard's website (hereinafter: the Plan), as applicable in accordance with the Plan.
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3.
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The Purchase Fee: The customer shall pay IsraelCallCard a prepaid fee as found on IsraelCallCard's website, unless stated otherwise in an official correspondence from IsraelCallCard on company letterhead.
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4.
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Additional charges: The charges payable by the customer with regard to the use of the calling card include all the charges set out in the Order form completed by the customer; charges for the use of air time payable to other operators connected with the use of the services, including for international calls; and charges for any other cellular services provided by IsraelCallCard or its affiliated networks to the customer.
The basic price of air time, the prices of calls, the subscriber’s fee and network services for which the customer shall be charged shall be in accordance with IsraelCallCard's rates and the rates of other telecommunications providers, including licensees and operators. IsraelCallCard reserves the right to amend such rates at any time, without prior notice. The basic rates can be found at www.IsraelCallCard.com. Customers are advised to contact IsraelCallCard's Customer Service regarding the rates of calls and services not appearing on the web site.
Calls placed via the incorrect access numbers will result in a higher per-minute charge, and the customer shall be liable for all such charges.
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5.
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Charges and Payments:
a. Billing: When Service is activated, you must provide us with a payment that we accept and a valid email address. We reserve the right to stop accepting your payment method. If your payment method expires, you change your address, you close your account, or your payment method is cancelled and/or replaced because of theft or loss, you must advise us immediately. IsraelCallCard will from time to time introduce new products and services at introductory pricing, which may change from time to time, at our discretion. Your outstanding card balance will be available for viewing on the Company website using your user name and password at your IsraelCallCard account portal. IsraelCallCard bills usage charges in full minute increments which are rounded up to the next full minute unless this billing conflicts with rate schedules established on our website. Our fees are prepaid in their entirety.
b. Disputes in billing: If you dispute any IsraelCallCard charges on your statement, you must notify us via email within seven (7) days after you received your statement, or you will be deemed to waive your right to contest such charges. Notices of disputed charges should be sent to customerservice@israelcallcard.com
c. Payments and collection: By subscribing to the Service You authorize us to collect your payment from your selected payment method. Your authorization shall remain valid for 30 days following us receiving written notice from you canceling our authority to charge your payment method, if applicable, any other outstanding charges and then we will disconnect your service. In the event any charge to your method of payment is reversed or declined, or your payment method has expired and you have failed to provide a valid replacement method, or in the case of any other non-payment of account charges, we, at our sole and absolute discretion may terminate your Service. If your Service is terminated, you remain fully liable for all charges pursuant to this Agreement. This includes any and all costs incurred to collect such amounts including without limitation, attorney's fees and collections costs. Messages may be sent from time to time regarding billing, but IsraelCallCard is not obligated to do so. We may change or stop messages without notice to you.
d. Termination: We reserve the right to terminate or discontinue the Service generally, or to terminate your Service at any time at our sole and absolute discretion. If Service is discontinued generally by us, or we terminate your Service with no stated reason, your responsibility will only be for charges accrued through disconnection date. If your Service is disconnected because of your breach of any term of this Agreement, you are responsible for the full prepaid charge to the end of the current term. Additionally, the Service shall be terminated if unused for six (6) months or more, notwithstanding any prepaid amounts remaining in your account. You will not be entitled to any refund on such amounts, and should you wish to reactivate your Service, you must contact IsraelCallCard and pay for the Service as required.
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6.
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Service: IsraelCallCard offers its Service on a prepaid basis, the term for which begins on the day that we activate your Service. Service is purchased by you in full, which means that if you wish to or attempt to disconnect or cancel the Service there will be no refunds of the prepaid amount. IsraelCallCard may elect to offer certain promotions and other incentives in advertising and other media outlets. Those promotions and incentives will only apply to new customers that have never used our services in the past. Several promotions and other incentives may run concurrently, but cannot be combined. A new customer may choose one promotion or another, but not more than one at the same time.
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7.
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911 Dialing - Emergency Services: You expressly agree and understand that the Service is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency service and you recognize and agree that IsraelCallCard is not required to offer emergency services pursuant to any applicable local and or national rules, regulation or law. You further recognize that IsraelCallCard is not a replacement for your primary telephone service. By agreeing to this Agreement you understand that additional arrangements must be made to access emergency services and you acknowledge and accept your responsibility to purchase, separately from the Service, traditional wireless or landline telephone service that offers access to Emergency Services. IsraelCallCard or its officers are in no way liable for such emergency calls. Neither IsraelCallCard nor its officers may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to the use of the Service to contact emergency services personnel.
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8.
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Use of service by customers outside the United States: IsraelCallCard allows use of the Service inside or outside of the United States; however we do not support the Service from all countries. IsraelCallCard does not warrant or represent that the use of the Service is permitted in other such jurisdictions by any and all telecommunications providers. You are solely responsible for any violations of local laws and regulations or any violations of your telecommunications provider’s terms of service which may result. If we determine, in our sole discretion, that you have used the Service in violation of laws of jurisdiction of governmental authorities, we reserve the right to immediately terminate your Service.
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9.
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Prohibited uses of service: You may use the Service for lawful purposes only. If we determine, in our sole discretion, that you have used the Service for an unlawful purpose, we reserve the right to terminate your Service immediately without refund. We may present or forward relevant information, including your identity, to proper authorities for investigation and prosecution if we have reason to believe you used the Service in an unlawful manner. You hereby consent to the forwarding of such information to the authorities. Additionally, IsraelCallCard will forward information in a response to law enforcement requests, subpoenas, court orders, and lawful government requests so to protect our rights and property and in any case where failure to disclose information may lead to harm to us, our customers or others.
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10.
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Service distinctions: It is important to know that distinctions exist between traditional telecommunications service and the Service we are offering. Our Service is subject to different regulatory treatment than traditional telecommunications services which may limit or affect your rights of redress before regulatory agencies. Our Service is not a telecommunications service and is provided on best effort basis. There are things beyond our control that can affect your service including but not limited to fluctuations in the internet, power outages, and/or your broadband service. IsraelCallCard will act in good faith to minimize disruptions to your use of the Service.
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11.
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Accounts: The records and accounts of IsraelCallCard and/or the records and accounts of third-party telecommunications providers relating to the Equipment and the services that are the subject of this contract shall constitute absolute proof of the accuracy of their contents and shall bind the customer.
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12.
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Assignment of Rights: IsraelCallCard shall be entitled to assign to any other party, at its discretion, its rights under this agreement. The customer shall not be entitled to assign the customer’s rights under this agreement.
The Order form, together with the provisions and terms of the agreement, reflect the whole agreement between the parties, and no change or addition has, or shall have, any validity unless they are written and signed by the two parties.
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13.
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Jurisdiction: All claims related in any way to this agreement shall be decided by the competent courts in Jerusalem, to which the parties give exclusive jurisdiction. The competent court shall decide every claim as stated according to Israeli law.
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14.
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The Addresses of the Parties and Notices: The addresses of the parties for the purpose of sending notices in accordance with this agreement are as set out in the Order. Any written notice sent by one party to the other shall be deemed to have been received by the other party three working days after it was sent.
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15.
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Waiver of Privacy Protection: The customer hereby waives the protection of privacy and confidentiality, and confirms and agrees that IsraelCallCard may give the customer’s details (including, but not limited to, name, address and telephone number), as well as information relating to use of the customer’s equipment, to third-party telecommunications providers, law enforcement authorities or courts of law immediately and that, in addition, the rental agreement between him and IsraelCallCard may be sent to such third-party telecommunications providers, law enforcement authorities or courts of law. IsraelCallCard shall bear no liability for the use of customers’ information by the recipients thereof under this agreement.
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16.
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Limitation of liability, indemnification and warranties: The term IsraelCallCard, or Us, as used in this Agreement shall mean and include IsraelCallCard, and its owners, affiliates, employees, directors, officers, agents and any other service provider(s) who furnishes services to you in connection with the Service.
a. Disclaimer of liability for damages: In no event will IsraelCallCard, its owners, officers, directors, employees, agents or affiliates or any other service provider who furnishes services to you in connection with the service be liable for any direct, indirect, incidental, punitive, special, exemplary, compensatory or consequential damages, or for other related damages, including but not limited to wrongful death, personal injury, property damage, loss of revenue or profits, loss of data, or damages arising out of or in connection with the use or inability to use the service, including the inability to access emergency service personnel through the 911 dialing service or to obtain emergency assistance or help. The limitations which are set forth herein apply to claims founded in breach of contract, product liability, breach of contract, tort and any and all theories of liability and apply whether or not we were informed of the likelihood of any particular type of damages.
b. Limitation of liability: IsraelCallCard shall not be liable for any failure or delay to provide the Service, at any time, or from time to time, or any degradation of voice quality or interruption caused by any of the following:
i. Equipment, facility, or network failure.
ii. Equipment, facility, or network modification or upgrade.
iii. Equipment, facility or network shortage.
iv. Equipment or facility relocation.
v. Any act or omission of a vendor, service provider, underlying carrier, or other third party.
vi. Impediments to usage of the Service caused by a third party.
vii. Any act of omission by you or any person using the Service provided.
viii. Loss of power to you causing service, network, facility or equipment failure.
ix. Force majeure events including but not limited to acts of nature, acts of God, fire, strikes, war, riot, acts of terrorism and government action.
x. Any other cause which is beyond our control which includes without limitation, the failure of an incoming or outgoing communication, the inability of communications, to be completed, connected or forwarded, and a defect in any manner.
Our aggregate liability under this agreement will in no event exceed the Service charges which coincide with the affected time period.
c. Indemnification: You shall defend, indemnify, and hold harmless IsraelCallCard in connection with the Service from any and all claims, damages, fines, losses, penalties, costs and expenses, including without limitation attorney fees by or on you or any third party(s) behalf or user of the Service, relating to the Services, including without limitation emergency service dialing.
d. No third party beneficiaries: No provision of this Agreement creates or provides any person or entity which is not a party to this Agreement with any remedy, liability, claim, reimbursement, or cause of action or creates any other third party beneficiary rights.
Provisions included in this section shall be applied to the fullest extent of the law, but if any portion of this section is determined to be unlawful, then this section shall be construed to limit liability against IsraelCallCard to the fullest extent of the law.
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17.
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Inappropriate conduct: The Service may not be used by you in any way that is abusive, harassing, threatening, libelous, deceptive, defamatory, fraudulent or invasive to another's privacy, or any other similar behavior. If in our sole discretion we determine you have used the Service in the above mentioned manner(s) we reserve the right to terminate your Service immediately and without notice. In such event you are responsible for the full prepaid amount, with no option for refund. We may present or forward relevant information, including you identity, to proper authorities for investigation and prosecution if we have reason to believe you used the Service inappropriately. You hereby consent to the forwarding of such information to the authorities. Additionally, IsraelCallCard will forward information in a response to law enforcement requests, subpoenas, court orders, and lawful government requests so to protect our rights and property and in any case where failure to disclose information may lead to harm to us, our customers or others. Also, IsraelCallCard reserves all of its rights at law and equity to proceed against persons who use the Service improperly or illegally.
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18.
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Our right to disconnect: We have the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time. In addition, we reserve the right to immediately disconnect your Service at any time without notice if:
a. If we determine that you have used our service for an unlawful or inappropriate purpose. If we determine that the use or content does not conform to the requirements in this agreement or that it interferes with our ability to provide service to you or others.
b. If any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method, or in case of any other non-payment of account charges.
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19.
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Miscellaneous:
This Agreement, including the rates for Services found on our website, and any future modifications as may occur, constitute the entire agreement between IsraelCallCard and You and shall govern the use of our Service by You, members of your household, employees and guests. This Agreement supersedes any prior agreements between IsraelCallCard and You and any and all prior or contemporaneous statements, writings, commitments, understandings, or representations concerning its subject matter.
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20.
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Future changes to this agreement: IsraelCallCard may change the terms and conditions of this Agreement from time to time. Notices shall be considered given and effective on the date that they are posted on www.IsraelCallCard.com. All changes shall become binding upon You on the date they are posted to our website and no further notice by Us is required upon your continued use of the Service. The Agreement when and as posted supersedes all previously agreed to written and electronic terms of service.
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BY CLICKING ON THE "ACCEPT" BUTTON DURING THE SIGNUP PROCESS, OR OTHERWISE USING THE SERVICE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS.
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What Are You Waiting For - Order Your IsraelCallCard Now.
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To order your phone just fill out our secure online order form. Or feel free to call our toll free number in the US 1-866-8-ISRAEL.
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In Israel you can reach us at 1-800-721-111
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In the UK please call us at 0-800-404-9642
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In Canada call 1-866-302-5512
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In Australia: 1-800-076-284
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Our South African number is 1-800-076-284
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Numero en France (vert) 0-800-901-240
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