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PLEASE READ THIS DOCUMENT CAREFULLY. PCO4NRI is a unique offering from TELECOM ITALIA SPARKLE OF NORTH AMERICA Inc. (hereby TISNA), a provider of international telecommunications services. This Services Agreement governs the relationship between TISNA and the Customer regarding the use of the PCO4NRI Services by Customer. TISNA agrees to provide and Customer agrees to use the Services subject to the following terms and conditions: 1. Acceptance of Agreement BY ENROLLING IN, USING, OR PAYING FOR TISNA SERVICES, THE CUSTOMER AGREES TO THE RATES, CHARGES, AND TERMS AND CONDITIONS IN THIS AGREEMENT. IF THIS AGREEMENT IS NOT ACCEPTABLE, THE CUSTOMER SHOULD NOT USE THE SERVICES AND SHOULD NOTIFY TISNA IMMEDIATELY AT customercare@pco4nri.com. TISNA may change this Agreement at any time by posting a revised Agreement on PCO4NRI website. 2. Certain Definitions The capitalized terms used in this Agreement shall have the following meanings: “Agreement” means this Services Agreement “Customer” means you and any person utilizing the Services acquired by you. “PIN” means a numerical sequence of random numbers issued by TISNA for service to each prepaid customer . The PIN allows access to the Services by the Customer. “Services” mean international long distance telecommunications services originated by Consumers via “Toll Free” or “local access” numbers in the United States that terminates in any international location and which is available to and accessed by Customers upon entering a PIN (optional). The term “Services” does not include any local, intrastate or domestic interstate telecommunications or other services. 3. Services, Rates and Rounding TISNA will provide Customer with the Services ordered through PCO4NRI website on a customer prepaid calling card or PIN basis. In order to become a PCO4NRI Customer the user needs to be at least 18 years old and should have signed up for the Services on PCO4NRI website www.PCO4NRI.com. As part of the application process, the Customer will provide TISNA with (i) true, accurate, current and complete information about him/herself as requested by the registration form or customer care executive. The Customer needs to enter the following details: full name, e-mail address and the billing address the Customer provided to his/her credit card provider. Upon the acknowledgement and acceptance of this Agreement and once the Customer have completed the application form in full through the PCO4NRI website and TISNA have verified the details provided by the Customer, the technological platform will send to the Customer an e-mail asking to confirm the user will to become a PCO4NRI customer. The e-mail address the Customer has provided is his/her personal account identification code and cannot be changed in the future. The same email address cannot be used to create a new PCO4NRI account.
Whenever the Customer provides TISNA with information on PCO4NRI website, the Customer agrees to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep them true, accurate, current and complete. If the Customer provides any information that is, or TISNA have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, TISNA may without notice suspend or terminate Customer access to PCO4NRI website and refuse any and all current or future use of PCO4NRI website (or any portion thereof). The Customer should select a password that would not be obvious to someone trying to guess his/her password, furthermore TISNA recommend to adopt a different password from the email account as an additional security measure. The Customer is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under his/her password or account identification. The Customer should make every effort to safeguard the username, the password and different PINs he/she will possibly receive after a purchase. TISNA is not responsible for lost or stolen PINs or unauthorized use. The Customer agree to immediately notify TISNA of any unauthorized use of the password or username or any other breach of security.
Credit card fraud is a criminal offense. TISNA uses automated and manual systems to confirm proper credit card authorization, including having TISNA representatives call persons who have signed up for the Services. TISNA also tracks every transaction. Information related to fraudulent transactions, including but not limited to IP addresses, detailed call records, transaction data and email addresses is collected and will be provided to appropriate law enforcement officials consistent with applicable law when required to assist in the prosecution of any persons attempting to commit fraud on PCO4NRI websites.
TISNA technological platform provides an antifraud system that performs many checks and inhibits a purchase if it does not meet specific (secret) criteria. Sometimes such criteria inhibit the purchase for non fraudulent situations, so the Customer may face this inconvenience. The Customer may ask contact PCO4NRI Customer Care Service if he/she encounters any problem, but TISNA is not liable for any damage or loss the Customer may support for missing a Services purchase. TISNA does not store credit card information, but maintains a trace track of the transactions for the antifraud system. PCO4NRI websites communicate over Secure Socket Layer protocol using certificates to ensure protection of Customer personal data. TISNA however shall not be responsible for the security of Customer data or for fraudulent use of credit card to make purchases on PCO4NRI website nor shall TISNA be obligated to make refunds or to provide any compensation where such fraudulent use occurs. TISNA will actively cooperate with law enforcement authorities in prosecuting anyone who uses PCO4NRI website or products/services sold over the website for unlawful use. TISNA is not responsible if the card holder's issuing bank does not authorize online transactions.
TISNA technological platform can recognize the phone numbers associated with the Services the Customer have purchased. This feature (PINless dialing) allows the Customer to skip entering the PIN when placing calls through these registered lines (except in a few cases where the local exchange carrier does not provide TISNA's platform with the Caller Line Identification). The Customer must make sure, however, that the caller ID number (Calling Line Identity or A-Number Identity) is activated on the phone line that he/she registers. PINless is not a default feature and once the Customer chooses to set his phone number for PINless dialing he is responsible for all the calls placed from that number; if the Customer shares his phone with someone else TISNA strongly recommend not to use this feature.
The current rates for Services may be found at the Rates page or by calling customer care service at +1-800-815-9645. The rates may be changed by TISNA from time to time by posting the revised rates on the rate page. The Customer is responsible for payment of all charges for Services furnished to the Customer. This responsibility is not changed by virtue of any use, misuse, or abuse of the Services undertaken or caused by third parties. TISNA US Toll Free Numbers are available from US Continental only (48 Contiguous State). They cannot be accessed from Alaska , Hawaii and Puerto Rico ; calls made in the US using the Toll Free Access Number from a Payphone will incur an additional charge of 90 cent $ per call established. Please refer to check with your telephone provider for charges related to Toll Free Access Number calls made from outside the US and from mobile phones.
For payment purposes, the length of each call is rounded to the next higher full minute. In addition, if the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. Finally, if the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent. 4. Taxes and Surcharges All taxes, tax-like charges, and tax-related surcharges are referred to collectively as “Tax(es).” TISNA may elect to impose and collect such Taxes. The Customer agrees to pay all Taxes imposed. TISNA may adjust its rates and charges or impose additional rates and charges in order to recover amounts it is required or permitted by governmental or quasi-governmental authorities to collect from others or pay to others in support of statutory or regulatory funds, fees, or programs. By using the Local Access Numbers the user accepts the charges for the local call to our number from his telephone provider company.
5. Restrictions on the Use of the Services Customer may not use the Services for local, intrastate or domestic interstate telecommunications or other services. Should Customer use the Services for local, intrastate or interstate calling, TISNA may immediately terminate the Services. The Customer shall not use the Services for any unlawful, abusive, or fraudulent purpose, including, but not limit to, using the Services in a way that (i) interferes with TISNA's ability to provide services; or (ii) avoids the Customer's obligation to pay for the Services. If TISNA has reason to believe that anyone is abusing the Services or using them fraudulently or unlawfully, TISNA may, without advance notice, immediately suspend, restrict, or cancel the Services. In order to avoid fraud TISNA technological platform will cut any call after 90 minutes. 6. Expiration of PINs Each PIN shall automatically expire 12 months from the activation of the PIN (i.e. from the first usage) or from the last recharge. TISNA is not obligated to refund any prepaid amount remaining with respect to the expired PIN or calling card. This Agreement with respect to a PIN automatically expires upon the termination of the PIN. 7. NO WARRANTY TISNA MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT. TISNA DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON TISNA'S BEHALF AND THE CUSTOMER MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY TISNA. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT. 8. Liability With respect to the Services and Company's performance of its duties and obligation under this Agreement, TISNA's liability will be limited to the lesser of: (a) the amount paid by Customer for the impacted Services; or (b) $100. IN NO EVENT WILL TISNA BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT TISNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. TISNA will be indemnified, defended, and held harmless by the Customer against all claims of loss or damage arising from the use of Services, including: (i) allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via the Services; and (ii) all other allegations and claims arising out of any act or omission by the Customer or others using the Services. 9. Privacy Policy The Customer is subject to TISNA's privacy policy which may be viewed here. 10. Dispute Resolution Any dispute arising out of or related to this Agreement or the Services that is not satisfactorily resolved within 60 days from the date the Customer notifies TISNA in writing, regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory, must be submitted either to the American Arbitration Association (“AAA”) or to JAMS (“JAMS”), for final and binding arbitration. The arbitration will be conducted pursuant to the AAA Arbitration Rules for the Resolution of Consumer-Related Disputes (“AAA Rules”) or the JAMS Streamlined Arbitration Rules and Procedures and Minimum Standards of Procedural Fairness (“JAMS Rules”), respectively, as such rules are in effect on the date of commencement of the arbitration, and as such rules are modified by this Agreement. The arbitration will be based only on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. Each party will pay their own costs in the arbitration. Each dispute will be decided on an individual basis and will not be consolidated in any action with the disputes or claims of other consumers or customers. The Customer agrees that the Customer may not bring any dispute or claim as a class action or as a private attorney general, and the Customer agrees not to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim relating to this Agreement or the services provided by TISNA. IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS IS DEEMED UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY. FURTHER, IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, TISNA AND CUSTOMER EACH WAIVE ANY TRIAL BY JURY. Any dispute or claim arising out of or relating to this Agreement or the services provided by TISNA must be brought within two (2) years after the date on which the basis for the dispute or claim first arises. 11. Miscellaneous Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of New York applicable to agreements made and to be performed in New York . Force Majeure. T he obligations under this Agreement are subject to, and neither party shall be liable for delays, failures to perform, damages, losses or destruction, or malfunction of any equipment or any consequence thereof caused or occasioned by, or due to, fire, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, act or omission of third parties. Survival. Sections 2, 3, 4, 7, 8, 9 and 11 shall survive cancellation or termination of this Agreement. 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. No 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. Regulations. This Agreement is made expressly subject to all present and future valid orders and regulations of any regulatory body having jurisdiction over the subject matter hereof and to the laws of the United States of America , any of its states, or any foreign governmental agency having jurisdiction. In the event this Agreement, or any of its provisions, shall be found contrary to or in conflict with any such order, rule, regulation, or law, this Agreement shall be deemed modified to the extent necessary to comply with any such order, rule, regulation, or law and shall be modified in such a way as is consistent with form, intent, and purpose of the Agreement. PCO4NRI Website Terms and Conditions. TISNA's applicable web site terms and conditions are incorporated into this document by reference including but not limited to Sections 5, 10, 14, and 16. PCO4NRI Website Terms and Conditions may be found here |