- 1. Introduction
- 2. Registration data and account security
- 3. Customer Service
- 4. Service
- 5. Disclaimer Clause of Papatel Plus Service
- 6. Duration of service
- 7. Prohibited uses, illegal use and inappropriate behavior
- 8. Limitations on warranties, resources and responsibility
- 9. Indemnización and waiver of claims
- 10. Other legal considerations
- 11. Resolution to arbitration and dispute
- 12. Changes to this agreement
- 13. Exclusion of Warranties
- 14. Limitation of Liability
- 15. Language of the Terms
- 16. Privacy
- 17. Records and trademark rights, Digital Millenium Copyright Act (DMCA)
Last update: November, 2012
2. Registration data and account security.
Regarding the use of the Services, you agree: (a) provide accurate and current information about you, to the questions put to it in any registration forms ("Registration Data") on any of the Sites or through one of our agents in the Call Center Papatel; (b) maintain the security of your password and identification; (c) maintain and frequently update the Registration Data and any other information that you provide to the company to keep it current, accurate and complete; (d) be fully responsible for all use of your account and the actions to be carried out during such use.
3. Customer Service.
For more information on our customer service, please review the "How It Works" on our site. We assume no obligation to provide support services or products to third parties. We do not provide the service to solve problems generated by third party products or services. Unless you have made with us a service agreement, other than this we reserve the right to change the customer service options at any time.
a. Our service uses other telecommunications companies.
The calling service we provide must use the networks of other companies, many located in other countries, to connect our customers with their destination, and there are events that go beyond our control that may affect the service such as fluctuations in power flow and cellphone tower outages, among others. We act in good faith to minimize interruptions in the use of our service and have alternate backup routes ready for most destinations.
b. Residential use and Service Personnel.
If you register for our service, this will be provided exclusively for residential or personal.
c. Inconsistent use.
If you use any of the Services indiscriminately, you will be disconnected and your access will be prohibited.
d. No operator assisted calls nor 0 +.
We do not accept dialing x11. Our services do not accept operator-assisted calls nor 0 +; also collect phone calls, charging calls to a third party, 900, or calls with prepaid cards. Calls not accepted to the numbers 311, 511 and other x11, nor specific markings numbers 911 and 411.
e. No calls to Emergency Services.
You agree that through Papatel and Papatel Plus you can not receive or make calls to emergency services.
f. Not listed in telephone.
The phone numbers you get from us are not listed in phonebooks.
g. Incompatibility with other services.
You agree that our service may not be compatible with computers that do not transmit voice, including home security systems, medical monitoring equipment, satellite television systems, faxes and computer modems. You waive any claim against Papatel by interference or interruption of any such services and / or equipment.
h. Geographical location.
Services must be used within the United States. You must be physically present in the United States to use any of the Services.
i. OPT-IN Papatel Services for targeted advertising.
j. Double Acceptance of Advertising
By registering at Papatel your landline or mobile number, your email address, and then to call our services or respond to our SMS message or email to confirm this information, you agree to receive our advertising messages; these transmitted through audio messages, email messages, SMS text messages and phone calls from our call center. Thanks for registering with Papatel and using our services.
After you register with Papatel your landline or mobile number, and email address on a call to confirm our services or responding to our SMS or emails, where you would accept our advertisements directed through messages audio, email messages, SMS text messages and phone calls from our call center. Thanks for registering with Papatel and using our services.
5. Disclaimer Clause of Papatel Plus Service.
You may purchase credit in PapatelPlus by credit card or other means which may be made available by PapatelPlus. Payments are either made manually by you using our Site, through the live Call Center or by programming automatic payment: if your account balance goes below your designated minimum balance, PapatelPlus will automatically add the reload value you have predetermined to you account balance, and charge your credit card on file with PapatelPlus. If you chose to activate the automatic reload feature in PapatelPlus, you authorize this recurring transaction.
You agree not to resell the Prepaid products to third parties.
Application of any surcharges and fees will have the effect of reducing total minutes available.
When placing calls, Papatel Plus will debit your account based on its current rates and fees as published on the Site. You are solely responsible for monitoring these rates and fees before use of the Services. Papatel Plus reserves the right to change the rates and fees or charges at any time without notice. Rates on the Site may have expired prior to purchase or use of credit. If you do not wish to accept such changes, you are entitled to terminate the account. You agree that by using any of the Services after any rate change, you accept the rate and fees posted at the time that you use the Service. Unless stated otherwise, all Papatel Plus purchase rates are stated in US dollars and shall be exclusive of value added taxes (VAT) or any other applicable taxes.
The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. The connection fee, where applicable, will be charged at the beginning of the call. During the call, charges incurred will be deducted automatically from your account.
If you terminate your Papatel Plus Prepaid account, you can request a refund for unused, unexpired credit you have purchased by contacting us through “Contact Us? at our Site. Refund requests carried out through other means shall not be eligible for a refund. No refunds shall be given credit acquired through awards, promotions, vouchers or gifts. Upon a duly submitted refund request, we may refund you the current value of your unused, unexpired purchased credit. The Company reserves the right to deny repetitive refund requests or charge a processing fee for all refunds processed.
All refunds shall be paid to the user who initially purchased the Papatel Plus credit through the original payment method used. It may take up to 60 days to process refunds from the date of your valid request.
If you believe that the Company has charged you in error, you must contact us through “Contact Us? at our Site within 60 days of the contested charge. No refunds will be given for any charges which are more than 60 days old.
For current rates, fees or other questions, visit our website www.papatelplus.com or www.papatel.com or contact Customer Service, which is available dialing a local Papatel or Papatel Plus numer or by dialing 1-866-PAPATEL with live operators 7 days a week during business hours EST. If a dispute arises, you have the right to contact the State Utility Commission in the state where the service was purchased.
The value added tax (“VAT?) generally applies if you are located in the EU. Local taxes may apply in certain countries. Certain territories in the EU are exempt from VAT. Our Services do not enable this VAT exemption, and we therefore do not provide Services in such territories.
6. Duration of service.
a. Terms of Service.
Papatel service is free, so what we provide for a period of time, depending on the amount of advertising that has been sold. This period can be extended up to 30 days, and can be automatically renewed according to the terms described below. Your term begins on the date of activation of your service, which is informed by email. Does not begin on the day of registration, or the day after you receive confirmation.
b. Automatic Renewal.
This agreement is automatically renewed for the same period of time, unless you inform us by calling or through our website, that you wish to cancel your service before the end of his current term of service. The renovation begins the next day of the last day of his term.
c. Our right to disconnection.
We reserve the right to discontinue, suspend or disconnect the service at any time without notice, in the following cases:
Illegal or inappropriate use:
If we determine that you have used our service for illegal or improper purpose. If we determine that the use and / or content does not conform with the requirements of this agreement, or interfere with our ability to provide the service to you and / or others.
Violations to jurisdictions:
If we determine that you have used our service to violate the laws of jurisdictions outside the service areas Papatel.
If we determine that the use of the service is (or was at any time) inconsistent with normal patterns, or anytime you have used the service for any of the activities listed.
Six months after buying credit Papatel Plus, we reserve the right to make effective the remaining credit expiration in your account PapatelPlus.
Our action or inaction in this section do not constitute approval of your hand.
7. Prohibited uses, illegal use and inappropriate behavior
Membership in the service is invalid where prohibited.
a. Lawful purposes only:
The Service and the Site are available only for your personal, noncommercial use. In addition, you agree not to use the service to:
- Acting in an illegal way or which may destroy, disable, overburden, or damage the Site
- Register an account for more than one user, register an individual other than yourself, or register for a user account to a group or entity
- Supplant any person or entity, represented in a false, lying about your age or your affiliation with any person or entity
- Use or attempt to use another account, service or system without authorization from us or create a false identity on the Service or the Site
You may use the Service only for lawful purposes and appropriate. The following is a partial listing of misuse of services:
- Invasive of the privacy of any individual.
In addition to this, you can not use the service to:
- Telemarketing (including charitable, political or survey).
- Any form of mass broadcast fax or voicemail.
You can not manipulate our service to:
- Impersonate another person.
- Send unsolicited messages.
- Using robots, data mining techniques or other automated devices or programs to catalog, download, reproduce or distribute information.
- Violate any law, rule or regulation.
- Violating the intellectual property rights of others.
- Exceed your permitted access.
We can monitor the use of our service for violations of this agreement. We may remove or block all communications if we suspect a violation of this agreement, or if we think that this is necessary to protect our service, for Papatel, your employer, affiliates, directors, officers and employees.
c. Provide information to authorities and third parties.
If you believe that you have used any of our services for any illegal purpose, we can send relevant communications and other information, including your identity, to the appropriate authorities for investigation and prosecution. You agree with sending such communications and information to these authorities. In addition, we may disclose your name, telephone number and other personal information, any communications sent or received by you and any other information we may have about your account, including types of service, length of service, MAC address, IP address, e-mail (s) address (s), registered address and other account information to investigate:
(i) In response to government agencies or agencies of law enforcement.
(ii) As required by law, regulation, rule, subpoena, search warrant or court order.
(iii) Everything necessary to identify, contact or bring against the law to / the individual / s who may be misusing any of the services.
(iv) To protect the rights and property of Papatel.
(v) In an emergency situation where disclosure of such information is necessary to protect Papatel users or third parties from imminent harm.
8. Limitations on warranties, resources and responsibility.
a. Service HOW IT IS.
You agree that our service is provided "as is", except to the extent of:
b. Limits of liability
We will not be responsible for delay or failure to provide the service, including 911 dialing, at any time, or interruption or degradation of voice quality that is caused by any of the following reasons:
Omission of third parties:
An act or omission of any of the carriers, service providers, vendors or others;
Phones, computers, networks and / or failures in the plant;
Mayor force events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, acts of terrorism and government actions
Loss of electric service:
Failures in service, equipment, network or facility, generated by the loss of electricity.
Acts or omissions:
Any act or omission by you or another person using our service.
Any other cause beyond our control, including, communication failure, the inability of communications (including, but not limited to, dialing 911) to be connected or completed.
In no event will the Company or its directors, employees or agents, be liable to you or to any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including any loss of money or data, while use was made of our site or any of our services, although the company is fully aware of or has been advised of the possibility of such damage.
Certain laws of some states do not allow limitations on implied warranties, or the exclusion of certain damages. If these laws apply, certain disclaimers, exclusions or limitations do not and you could then have additional rights.
c. Disclosure of liability.
In any event, Papatel, its officers, directors, employees, affiliates, agents or any other vendor providing a service in connection with ours, will be responsible for any damages whatsoever, including, personal injury, death, property damage, loss of data, loss of revenue or profits, damages arising out of or in connection with the use or inability to use the service, including inability to access emergency service personnel through the 911 dialing service or to get help emergency.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The site and any services may be temporarily unavailable for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, disappearance, defect, delay in operation or transmission, line failures of communication, theft, destruction, unauthorized access to, or alteration of user communications. The company is not responsible for technical malfunctions or other problems of any telephone network or service, computer systems, servers or providers, computer equipment or mobile, software, failure of email or technical problems, traffic congestion on the Internet or at any website or combination of all the above, including damage to the computer, mobile phone, landline or computer software or other users or any other person. Under no circumstances will the company be responsible for loss or damage, including personal injury or death, resulting from use of the site or its services.
The company reserves the right to change the contents or part thereof, software, other items used, contained on the site, and make changes to any of its services at any time and without notice. Refer to any product, service, process and other information by registered trademark registered name manufacturer and supplier or otherwise does not constitute or imply endorsement or recommendation of any kind of affiliation by the company.
9. Indemnización and waiver of claims.
You shall defend, indemnify and hold harmless Papatel, its officers, directors, employees, affiliates and agents and any other service provider who provides services to you for our service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including without limitation, or by calling 911.
You are responsible for all damages arising from the information that you transmit to another person, whether or not authorized by you to use their service. You must give your word that you and any other person using your service and all its contents, will agree at all times with the law, regulations and written and electronic instructions for using our service.
10. Other legal considerations.
a. Governing Law.
The law of the state of their residence, govern this agreement and the relationship between you and us, except in the situation where the law is preceded by or inconsistent with applicable federal law. This agreement is a transaction in interstate commerce, the Federal Arbitration Act shall govern the interpretation and enforcement of arbitration provided in section 10.
Our failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision exercise. Papatel reserves all its rights in law and equity to proceed against anyone who uses their services illegally or inappropriately. All determinations of Papatel under these Terms of Service and the exercise of their rights, are manufactured under our own discretion.
c. No benefits to others.
If you are not part of this agreement, you are not entitled to any claims, or refunds of any kind. This agreement does not create any third party beneficiary rights.
d. Legal age.
Promise you are of legal age to generate this agreement, and have read and fully understand its terms and conditions.
e. Entire agreement
This Agreement, including any future modifications to its terms, constitutes the entire agreement between you and Papatel. This governs your use of our service and the use of our services by household members, guests and employees. This document precedes any prior agreements between you and Papatel. Also above all agreements, commitments or representations, written or otherwise, concerning the issues at hand.
Although any part of this agreement is legally declared invalid or can not be unenforceable, all other parts of the same shall remain valid and will be enforced. Such invalidity or unenforceability of one part does not invalidate the other parts of this agreement.
11. Resolution to arbitration and dispute.
It is important that you read this section carefully. This section provides resolution to disputes through final and binding arbitration before a neutral arbitrator instead of a judge and jury in a court.
Papatel and you agree to arbitrate any and all disputes and claims between you. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge and jury in a court. This agreement to arbitration, tries to give the widest meaning under the law. Includes, but is limited to: disputes and claims departing from, or in connection with any aspect of the relationship between you and Papatel, whether based on contract, tort, fraud, misrepresentation or any other legal theory; disputes and claims to have existed before this or any prior agreement (including but not limited to claims relating to advertising); disputes and claims that may arise after the termination of this agreement, disputes and claims that are currently the subject of litigation individually; disputes and claims that are currently under legal litigation alleged within which you are not a member of a certified class, and disputes and claims concerning the threshold that provides this arbitration.References to "Papatel", "us" and "you" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all users or beneficiaries of authorized and unauthorized service under this agreement or any prior agreements between you and Papatel.
b. Formal Notice of Disputes.
A party who intends to seek arbitration must first send to the other party a written Notice of Dispute.
(A) The Dispute Notice shall be sent to Papatel:
c/o Papatel Notice of Dispute
625 BARKSDALE ROAD, SUITE 113.
NEWARK, DELAWARE, 19711
(B) A Notice of Dispute addressed to you will be sent:
(1) By registered mail to the last address you have registered in Papatel.
(2) By email addressed to you, the last email you have registered in Papatel.
(C) The Notice of Dispute must:
(1) Describe the nature and the base of the dispute or claim.
(2) Set the mitigating successively searched.
(D) If you and Papatel not reach an agreement to resolve the dispute or claim within thirty (30) days after receipt of the Notice of Dispute, you or Papatel can begin a process of arbitration.
12. Changes to this agreement
We may change the terms and conditions of this agreement after a certain period. When you register to our service, you agree that we can deliver via electronic communications, the news required, agreements and other information concerning Papatel, including changes to this agreement. We inform about news and updates, posting them on the website or in Papatel.com website relating to the service in applying such information. These will be deemed given and received on the day of publication. These changes are valid and mandatory from the day they are published, so there is no need to give more information about it, while using our service. When published, this agreement above all previous service terms, whether these agreed electronically or in writing, including, without limitation, any terms included in their service. If you want to stop receiving electronic information should discontinue using Papatel services.
13. Exclusion of Warranties.
13.1 NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT THE COMPANY’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.?
13.3 THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT A COMPANY OR GUARANTEE YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE MADE ACCURATE OR RELIABLE,
(D) FAILURES IN OPERATION OR FUNCTIONALITY OF ANY SERVICES PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13.6 THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. Limitation of Liability.
14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES:
(II) ANY CHANGES WHICH THE COMPANY MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES
(IV) YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE ACCOUNT INFORMATION
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL
14.2 THE LIMITATIONS ON THE COMPANY’S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
15. Language of the Terms.
15.1 Where the Company has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with the Company.
15.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
17. Records and trademark rights, Digital Millenium Copyright Act (DMCA)
1. Our website content, our materials, services, logs, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Infringement by you may result in civil or criminal prosecution.
Papatel, PapatelPlus, PapaCall, PapaCaller, and other Company graphics, logos, designs, sounds, tones, music, page headers, videos, animations, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
2. Third parties may make materials available using our service.
These third parties are not within our control. We do not review the content posted on our service to see if it includes illegal or impermissible content, nor are we under any obligation to conduct any review. However, we respect the copyright interests of others. It is our policy not to permit materials we know infringes another party's copyright to remain on our service. If you believe any material on our service infringes a copyright, you should give us written notice.
3. Third Party Websites and Content
The Site may contain (or you may be sent through the Site or the Service) links to other Internet sites ("Third Party Sites") as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content belonging to third party sites (the "applications, software or Content"). Such Third Party Sites and Applications, Software or Content are not investigated, monitored or reviewed by us, we are not responsible for any third party site which is entered through our site or any Software Application or Content available published. The link and / or permission to use or install any Third Party Site or any Application, Software or Content does not imply endorsement or sponsorship thereof by us. If you decide to leave our Site and access any third party sites, use or install any Application, Software or Content, you do so at your own risk and should be aware that our terms and policies do not apply here. You should review the applicable terms and policies, including privacy practices and data collection from any site on which you navigate.