The following are the terms and conditions of the SERVICE AGREEMENT (“the “Agreement” or “Service Agreement”)
between MULTIPHONE, a Florida Corporation, and the Customer signing this Agreement (the “Customer”, “you” or “your”).
For the consideration exchanged herein and other good and valuable consideration, receipt of which is acknowledged by the parties, MULTIPHONE and Customer agrees as follows:
1. Services
MultiPhone services are provided by MULTIPHONE either on a pre-paid basis or on a post-paid basis (the “Services”) as set forth below. All prices may be adjusted from time to time and any changes will be posted on the website www.multiphone.net (“Website”). Except as to the Pre Paid Virtual Calling Card Services, the term of this Agreement shall be thirty (30) days or one (1) month, whichever is greater (“Term”), which Term shall be automatically renewed for successive Terms unless the Agreement is terminated in writing by a party with at least five (5) business days written notice prior to the expiration of the Term. When the Customer purchases a calling card or Service and each time a Customer recharges their calling card or Service, regardless of the method of payment, the terms and conditions in this Agreement apply
A. PRE-PAID Services
i. PinFree
If the Customer chooses to purchase MultiPhone PinFreeas set forth on MultiPhone’s Website the following terms shall apply:
1. The Customer may purchase and recharge MultiPhone PinFreeon the Website, by using a credit card, a debit card, or Paypal. The Customer may also recharge MultiPhone PinFreeover the phone through MULTIPHONE’s automated system or by calling MULTIPHONE’s call center by using a credit card. MultiPhone PinFreehave an expiration date of one (1) year after last recharg
2. The Customer may choose his own pin and password, which will allow Customer to make long-distance calls from virtually any phone line anywhere in the United States or in one of 46 additional countries listed in the Website.
3. By using his pin and password, the Customer may manage his accounts through the Website or by phone.
4. For the Customer’s convenience, MULTIPHONE will save Customer’s credit card information used with a specific pin and password for future recharges. The credit card information collected by MULTIPHONE will be encrypted and will not be shared with third partie
5. There is a minimum purchase price and a minimum recharging price for PinFree which is posted on the Website.
6. The Customer may sign up for MultiPhone’s autorecharge service, through which MULTIPHONE may automatically recharge the Customer’s account by charging the Customer’s credit or debit card with an amount pre-set by the Customer every time the Customer’s account reaches a pre-set low threshold amount (“Threshold Amount”) determined by the Customer. In such case, the Customer must provide to MULTIPHONE (a) the balance Threshold Amount that the Customer’s account must reach in order for MULTIPHONE to automatically recharge the Customer’s account, and (b) the amount with which MULTIPHONE must recharge the Customer’s account each time the Customer’s account reaches the Threshold Amount.
7. All terms concerning usage of the services posted on the Website, and as may be amended from time to time, are incorporated herein by reference.
8. If your service is not used for six months, an Inactivity Fee of $2 is deducted from your balance each month you do not use the service. Once you resume making calls, the Inactivity Fee is no longer assessed
ii. Virtual Number, Virtual Number Plus, and International Plan
If the Customer chooses Virtual Number, Virtual Number Plus, or International Plan as set forth on the Website, the following terms shall apply:
1. The Customer will be assigned an account number, the account number for the Virtual Number and Virtual Number Plus plan will be the same phone number assigned as the Virtual Number. The account number for the Virtual Number will be the phone number selected by the Customer to which the International Plan will be assigned and configured.
2. Virtual Number, Virtual Number Plus, and International Plan customers will pay a setup charge posted on the Website.
3. For Virtual Number Plus and Virtual Number the Customer will be charged by MULTIPHONE at the beginning of each month the monthly recurring amounts in advance according to the plan chosen by the Customer plus any other charges for calls made the previous calendar month to destinations not included in the plans or every minute of calls made beyond the minutes included in each plan to any destination. For Virtual Number, the Customer will be charged by MULTIPHONE each month on the same date the Customer subscribed to the Service for the monthly recurring amount in advance according to the plan chosen by the Customer.
4. Any additional minutes and Services consumed by the Customer beyond the plan chosen by the Customer and any calls made to destinations not included in the Customer’s plan will be billed by MULTIPHONE at the rate set forth on the Website and charged to the Customer in the next monthly billing statement.
5. The Virtual Number Plan is considered an International Virtual Number as defined in paragraph 8 (b) below.
B. POST-PAID Services
If the Customer chooses to purchase MultiPhone post-paid plans set forth on the Website, the following shall apply:
i. Corporate Customers.
1. The Customer may assign a different pin and password to any authorized person in the organization who will then be able to make long-distance calls from any phone line anywhere in the United States or in one of 46 additional countries listed on the Website.
2. MULTIPHONE will send a billing record to the Customer via email or regular mail during the first ten (10) business days of each month, detailing the calls made by every pin number.
3. This service requires a minimum usage per month by the Customer or a fee will apply. The minimum usage amounts and fee are posted for the Customer on the Website
ii. Individual Customers.
1. The Customer may choose his own pin and password, which will allow him to make long-distance calls from virtually any phone line anywhere in the United States or in one of 46 additional countries listed on the Website.
2. MULTIPHONE will send a billing record to the Customer via email or regular mail during the first ten business (10) days of each month.
3. This service requires a minimum usage per month by the Customer or a fee will apply. Both amounts are posted for the Customer on the Website.
C. All terms, provisions, and conditions concerning the Services posted on the Website are incorporated herein by reference.
2. Service/Pricing.
A. All amounts owed are due upon receipt of invoice.
All Services and Products purchased after the effective date of this Agreement shall be subject to this Agreement as amended. In the event Customer terminates a Service prior to the start of Service date (“Installation Date” or “Start of Service Date”) or subsequent thereto, Customer shall pay MULTIPHONE all third party charges, if any, incurred by MULTIPHONE as a result of the termination and arising out of this Agreement, and all amounts paid or owed to third parties by MULTIPHONE as a result of this Agreement, in addition to all other amounts recoverable under this Agreement or under applicable law
Prices are exclusive of all sales, use and other taxes and government and regulatory fees. Customer is responsible for any pertinent federal, state, municipal, i1301592_wp10 or government sales, use, excise or other taxes, fees or charges as a result of Customer’s subscription to Service or a relevant later enacted regulation. MULTIPHONE may request references and other information from Customer to establish creditworthiness. If MULTIPHONE decides that Customer is not creditworthy, it may request payment in advance.
B. Rates and Prices
i. MULTIPHONE reserves the right to change its rates to any country, city or destination, including prices and rates for monthly plans, as well as any minimum usage amounts or additional fees, at any time without prior notice. Any charge shall be posted on the MULTIPHONE Website.
ii. Current rates and prices for the Services, as well as minimum usage amounts and additional fees, are available to the Customer on the Website.
iii. Prices and rates show in the Website do not include applicable taxes or government fees, As a telecommunications provider, MULTIPHONE is obligated to charge the Federal Excise Tax to each service billed to the Customer, as well as the Sales Tax to Florida residents.
iv. All activation fees for Services are non-refundable.
3. Lawful Use/Prohibited Uses/Software:
Customer agrees to use the Service only for lawful purposes. Customer shall not resell or transfer the Service, including without limitation i1301592_wp10 and toll-free numbers, to another without the prior written consent of MULTIPHONE. Customer, any person under Customer’s employ, or any person that has access to Customer’s Service may not use the Service for communications or transmissions that may or would constitute a criminal or civil offense, or that would or may otherwise violate any i1301592_wp10, state, regional, federal or international law or regulation or otherwise violate MULTIPHONE’S or any third party’s rights, including rights to privacy. Customer is further prohibited from using the Service or products used in connection with the Service for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting, Bulk Messaging” or “Spamming” or transmission of any unwanted or unsolicited email. MULTIPHONE reserves the right to immediately terminate or modify Customer’s Service if MULTIPHONE determines, in its sole and absolute discretion that Customer has used at any time the Service or products used in connection with the Service for any of the aforementioned or similar activities. In addition, residential users will be required to pay higher rates for commercial service for all periods in which Customer’s use of the Service or the Devices used in connection with the Service was inconsistent with normal residential use
Customer shall not use the Services and any products used in connection with the Service in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy rights, or any other wrongful conduct
Use of MULTIPHONE’S connection in violation of any of the above mentioned manners may result in cancellation or suspension of service, at the discretion of MULTIPHONE. MULTIPHONE reserves the right to terminate or suspend Customer’s Service without notice if MULTIPHONE believes that Customer is utilizing the Service in a wrongful or unlawful manner. In the event of any wrongful or unlawful use of the Service, Customer will be responsible for all damages incurred by MULTIPHONE. In the event of Service termination (due to wrongful or unlawful use) all current charges and amounts owed to MULTIPHONE under this Agreement are due and payable immediately and may be charged to Customer’s credit card and/or account. MULTIPHONE may forward any information with respect to the unlawful or wrongful use of the Service to the appropriate authorities
Customer acknowledges that the Service provided by MULTIPHONE is different than standard telephone service. This may limit or otherwise affect Customer’s rights before Federal, State or Local telecommunications regulatory agencies
Customer shall notify MULTIPHONE immediately if Customer becomes aware of wrongful or unauthorized use of the Service. Customer must provide MULTIPHONE with written notice of the wrongful or unauthorized use of Service. Failure to immediately notify MULTIPHONE of the wrongful or unauthorized use of the Service may result in the termination of Customer’s Service. MULTIPHONE may charge additional charges for the wrongful or unauthorized use of the Service
MultiPhone may determine at its discretion the level of usage that warrants measures of fraud or other wrongful conduct protection such as suspending long distance communication. In this regard, if a customer reached the limit of usage established on the account which may warrant fraud or wrongful conduct protective measures, Customer might have to wait until the next billing period or make a payment in order to reestablish the outgoing long distance communication
MULTIPHONE may immediately terminate the Services for any unlawful, wrongful, or fraudulent conduct by the Customer or any third partie
No ownership right is granted to the software provided to Customer by MULTIPHONE hereunder. No rights are granted for Customer to replicate, produce, copy or alter software. No right is granted for Customer to use, distribute, rent, lease, lend, supply or market the software, except as expressly provided under this agreement. Customer may not decompile, disassemble or reverse the software.
4. Ownership Rights.
All copyrights, websites, corporate names, service marks, trademarks, trade names, logos, marketing materials, domain names, software and all other intellectual property and goodwill associated therewith originating with MultiPhone, MULTIPHONE, MULTIPHONE Inc., a Florida corporation, or provided by MULTIPHONE or MULTIPHONE Inc. to Customer belong to MULTIPHONE and/or its licensors and are the exclusive property of MULTIPHONE, MULTIPHONE Inc., and/or its licensors. Customer does not have a right or license to use any of such properties belonging to MULTIPHONE, MULTIPHONE Inc., and/or its licensors. Customer represents that Customer possesses all required rights and licenses, including, but not limited to, all required software, hardware and/or equipment licenses, to use any device in conjunction with MULTIPHONE’S Service. Customer shall not reverse compile, disassemble, or reverse engineer or otherwise attempt to derive or obtain any codes, including source codes, in connection with the Services or Device used.
5. Billing/Collection.
Customer shall not offset or credit the invoice amounts without MULTIPHONE’S prior written approval. No payment by Customer to MULTIPHONE of an lesser amount than that due to MULTIPHONE shall be deemed to be other than a payment on account, and no endorsement or statement on any check or in any letter accompanying any check or other payment shall be deemed an accord, satisfaction or payments in full of amounts due MULTIPHONE. MULTIPHONE may accept any payment without prejudice to MULTIPHONE’S right to recover any remaining balance or to pursue any other remedy provided in this Agreement or applicable law.
Usage charges will be billed in increments that are rounded up to the nearest minute
For all recurring monthly charges under MultiPhone’s pre-paid plans, MULTIPHONE will process for payment the credit or debit card provided by the Customer on the first day of each month. If MULTIPHONE is unsuccessful in charging the Customer’s credit or debit card on the first day of the month and MULTIPHONE has still not been able to charge the Customer’s credit or debit card on the fourth day of the month, MULTIPHONE will suspend the Customer’s account and Services and send an automatic email to the Customer, notifying the Customer of the rejection of the Customer’s credit or debit card. In order to restore Services, the Customer must make full payment due to MULTIPHONE and immediately replace said credit or debit card with a valid one and provide MULTIPHONE with a valid billing, contact, address, and other information for such new card
For post-paid PinFreeand other post-paid services, MULTIPHONE shall prepare and send an invoice to the Customer, via email or regular mail, during the first ten business (10) days of each month, for all amounts actually consumed by the Customer during the previous month at MultiPhone’s current rates, or, if the Customer has not reached the minimum usage determined by MULTIPHONE and posted on the Website, the minimum usage fee current at the time of billing and posted on the Website. All amounts shall be due and paid by the Customer on or before the date specified on MULTIPHONE’s invoice.
Payments received by MULTIPHONE after the respective due dates will be subject to interest at the rate of one and one-half percent (1.5%) per month or the maximum allowed by law, whichever is less. MULTIPHONE shall be entitled to said interest as well as its collections costs and attorney’s fees and costs in recovering unpaid amounts
Customer acknowledges that Customer must notify MULTIPHONE in writing within thirty (30) days after receiving Customer’s balance statement if Customer disputes any charges on that statement. Failure to comply with the notice requirement will result in the waiver of Customer’s right to dispute the charges
Pin and Password/ Contact Information
A. The pin and password chosen by the Customer is the only way that MULTIPHONE has to identify and confirm the identity of the Custumer each time he makes a call or manages his account on the Website. It is the Customer’s responsibility to keep the pin and password chosen by him for the use of the Service private and confidential and MULTIPHONE is not responsible for any misuse or fraudulent use of the Customer’s pin and password by anyone, or for any unauthorized, wrongful, or fraudulent use by the Customer or any third parties of the Services and credit card information provided by MULTIPHONE.
B. MULTIPHONE will bill and charge the Customer and Customer agrees to pay for calls made using the Customer’s pin and password regardless of whether the use of the pin and/or password and/or the calls were authorized or unauthorized. MULTIPHONE is not responsible for any misuse of the Customer’s pin and password, or for any calls made using the Customer’s pin and password not recognized or authorized by the Customer.
C. The Customer shall provide MULTIPHONE with a valid address and contact information, including telephone numbers and e-mail, for contacting and verification purposes. However, MULTIPHONE shall be under no obligation to verify or confirm the Customer’s identity for any calls made and/or any changes in the Customer’s account made using the Customer’s pin and password through the Website.
6. Payment Form.
A. Payments made to MULTIPHONE must be in the form of a valid credit card (Visa, MasterCard, Discover, and American Express) with a valid billing, contact, address and other information, debit card, or Paypal. MULTIPHONE is not responsible and shall not be liable for verifying credit or debit card information provided by the Customer which is not valid and/or which does not belong to the Customer. In the event that the credit or debit card provided by the Customer to MULTIPHONE expires, or for any other reason becomes invalid, the Customer shall immediately replace said credit or debit card with a valid one and provide MULTIPHONE with a valid billing, contact, address, and other information for such new card.
B. The Customer authorizes MULTIPHONE to charge the following to the credit card or debit card provided by Customer to MULTIPHONE with:
i. The amount of the purchase or recharge of a pre-paid virtual calling card, including applicable taxes and fees or for other amounts owed herein; or
ii. in the event the Customer is enrolled in the Solonumero, Solonumero Plus or Soloplan, the monthly recurrent rate for the plan chosen by the Customer at the beginning of each month, as well as any additional minutes, charges, and Services consumed by the Customer beyond the chosen plan for the previous month, including all applicable taxes, fees and other amounts owed herein; or
iii. in the event the Customer chooses MultiPhone post-paid virtual calling cards, the amount actually consumed by the Customer due on the previous month at MultiPhone’s current rates, or, if the Customer has not reached the minimum usage determined by MULTIPHONE and posted on the Website, the minimum usage fee current at the time of billing and posted on the Website
iv. all other amounts charged to Customer in connection with the Services and this Agreement.
C. If the Customer signs up for MULTIPHONE’s autorecharge service as provided in Section 1A(i), the Customer authorizes MULTIPHONE to charge the Customer’s credit or debit card with the amount pre-set by the Customer and provided to MULTIPHONE each time the Customer’s account reached the low balance Threshold Amount determined by the Customer and provided to MULTIPHONE.
D. MULTIPHONE may discontinue acceptance of credit cards from one or more issuers at any time. Customer agrees to notify MULTIPHONE in writing immediately if the credit card expires, the credit card account is closed, the Customer’s billing address changes, or the card is cancelled or replaced. MULTIPHONE will bill all charges, fees and applicable taxes and interest to Customer’s credit card, unless specified otherwise by Customer in writing.
7. Termination or Suspension of Service.
notice if Customer makes any assignments of assets or business for the benefit of creditors, or a trustee or receiver is appointed to conduct its business or affairs. In addition, MULTIPHONE may immediately suspend any Service and/or terminate any Service and/or this Agreement in the event that Customer fails to pay any amounts due to MULTIPHONE or Customer violates any of its confidentiality obligations as set forth herein or violates the rights of MULTIPHONE or others or any law or regulation. If any Service is suspended or the Agreement terminated due to non-payment, Customer shall pay to MULTIPHONE all fees and costs incurred by MULTIPHONE in collecting such amounts, including, but not limited to, collection costs and attorney’s fees and costs. In addition, in the event MULTIPHONE terminates any Service and/or this Agreement pursuant to this paragraph, Customer shall pay MULTIPHONE within five (5) business days of termination all amounts owed to MULTIPHONE for the balance of the Term or respective term. In the event MULTIPHONE suspends or terminates a Service or this Agreement pursuant to this paragraph, Customer shall also pay MULTIPHONE all third party charges paid or incurred by MULTIPHONE as a result of the termination or suspension and arising out of this Agreement. Customer shall also pay for all fees and costs incurred by MULTIPHONE in collecting the foregoing amounts, including, but not limited to, collection costs and attorney’s fees and costs. These remedies are in addition to all other remedies MULTIPHONE is entitled to under this Agreement or applicable law.
B. In the event of termination of this Agreement by Customer, Customer shall pay MULTIPHONE within five (5) business days all amounts owed to MULTIPHONE for the balance of the Term or respective term and all amounts paid or owed to third parties by MULTIPHONE. Customer shall also pay MULTIPHONE for all fees and costs incurred by MULTIPHONE in collecting such amounts, including, but not limited to, collection costs and attorney’s fees and costs. These remedies are in addition to all other remedies MULTIPHONE is entitled to under this Agreement or applicable law.
C. Customer acknowledges and understands that Service suspension or termination under this Agreement will prevent Customer from using the Services and MULTIPHONE is not responsible for any claim or damages as a result of this non-accessibility.
D. At any time, Customer may request from MULTIPHONE specific third party charges or fees MULTIPHONE has paid or may be responsible for in the event of termination of this Agreement. Third party charges incurred by MULTIPHONE may change from time to time pursuant to MULTIPHONE’s agreement with the third party provider(s).
8. Service Disclaimer.
A. Services Not Provided. MULTIPHONE’S Service does not provide for 0+ calling (including without limitation collect, third party billing, 900 or calling card calling). MULTIPHONE’S Service does not support 311, 511, 411, 911 or other x11. MULTIPHONE does not list phone numbers for Customers in phone directories. Accordingly, the phone numbers Customers obtain from MULTIPHONE may not be listed in any phone directories. In addition, in certain countries, toll-free numbers are not accessible from mobile phones and payphones or may require payment before accessing.
B. Customer acknowledges and agrees that MULTIPHONE is not responsible for ensuring the availability of an international number Customer is adding to its MultiPhone line or Service (referred to and may be sold by MULTIPHONE as an “International VirtualNumber”) because the international number may be provided by a third party which MULTIPHONE does not control accordingly, the International VirtualNumber may be cancelled, ported or eliminated by the third party provider and, therefore, it may be necessary for Customer to change the international number. Once the service is cancelled by Customer, the International VirtualNumber may be reassigned to another. MULTIPHONE is not responsible for ensuring that said International VirtualNumber can be ported to another service provided anywhere.
9. MULTIPHONE does not provide any warranty of suitability, fitness for a particular purpose or merchantability or any other express or implied warranty concerning the Services and expressly disclaims any warranty. MULTIPHONE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED.
10. Warranty/No Warranty. MULTIPHONE warrants that its Services will be performed in a professional manner that accords with industry standards. MULTIPHONE’S sole obligation with respect to this warranty shall be to attempt to correct any failure on the part of MULTIPHONE to perform the Services in a competent manner in accord with industry standards within thirty (30) days after receipt by MULTIPHONE of written notice specifically identifying the Services which were purportedly not performed in accordance with industry standards. The existence of errors or defects in MULTIPHONE’S Services shall not be a basis for finding that MULTIPHONE’S Services have not been performed in the manner warranted above. CUSTOMER ACKNOLWEDGES THAT MULTIPHONE HAS MADE NO EXPRESS OR IMPLIED WARRANTIES RELATING TO MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES CONTEMPLATED BY THIS AGREEMENT OR SOFTWARE, HARDWARE AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES. Customer acknowledges that all services are provided as is. MULTIPHONE does not warrant against interrupted operations of Service. MULTIPHONE specifically disclaims any liability for actual, consequential or indirect damages suffered by Customer as a result of the operation or malfunction of the Service, or delay in implementation, reconfiguration, or repair of the Service, including for matters that are outside the control of MULTIPHONE.
11. Disclaimer of Warranty. EXCEPT FOR THE ABOVE EXPRESS WARRANTY SET FORTH IN SECTION 10, THERE ARE NO OTHER WARRANTIES, INCLUDING EXPRESS, IMPLIED OR STATUTORY WARRANTIES, REGARDING THE SERVICES AND PRODUCTS, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTIBILITY, SUITABILITY, USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. MULTIPHONE DOES NOT WARRANT THAT ANY SERVICE OR PRODUCT PROVIDED WILL OPERATE UNINTERRUPTED OR ERROR FREE. MULTIPHONE DOES NOT WARRANT THAT THE PRODUCTS WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, OR LOSS OF DATA OR INFORMATION. No representation or other affirmation of fact, including but not limited to, statements regarding capacity, suitability for use or performance of the Services, whether made by MULTIPHONE’S employees or otherwise, that is not contained in this Agreement, shall be deemed to be a warranty by MULTIPHONE for any purpose, or give rise to any liability of MULTIPHONE whatsoever.
12. Limitation of Damages/Damages. MULTIPHONE SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE OR INTERRUPTION OF BUSINESS) OR PUNITIVE DAMAGES ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ARISING FROM INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL OR TO OBTAIN EMERGENCY HELP, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO THE DAMAGES WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF MULTIPHONE IS NOTIFIED OF THE POSSIBILITY OF THE DAMAGES OR THAT THE DAMAGES ARE FORESEEABLE
MULTIPHONE shall not be liable for any delay or failure to perform under this Agreement due to conditions or circumstances beyond its control, including without limitation, Acts of God, floods, fires, riots or sabotage, wars, accidents, strikes, terrorism, freight embargoes, delay in transportation or inability to secure transportation, shortage of labor, material or equipment and/or an act in compliance with any government law or regulation
MULTIPHONE shall not be liable for any measure of action taken to prevent potential or actual fraud or other wrongful conduct.
MULTIPHONE’S total aggregate liability and Customer’s exclusive remedy for any claim in connection with this Agreement shall not be greater than the amount paid for Services by Customer for the one (1) year beginning on the date of execution of this Agreement, as an agreed upon limitation of damages and not as a penalty
In no event shall MULTIPHONE be liable to Customer or third parties for any damages, including without limitation lost or anticipated profits, direct, indirect, incidental, exemplary, punitive, special, reliance or consequential damages, nor shall MULTIPHONE be liable for any equipment or product defect, malfunction or deficiency, an outage, alteration, change, suspension or termination of internet service or broadband service to Customer or any damages caused to Customer arising out of (1) Customer’s or any person or individual’s use of equipment or products not provided by MULTIPHONE without MULTIPHONE’S prior written approval, (2) any reconfiguration of equipment or products without MULTIPHONE’S prior written approval or (3) any violation of any Customer employee, contractor, or staff’s rights or any third party rights, including without limitation rights to privacy as well as damages arising from wrongful “hacking” or access of Customer’s account. In addition, MULTIPHONE shall not be responsible or liable in any manner for any delay, failure to perform or damage to Customer arising out of products, equipment or services provided by Customer or third parties, any acts or omissions of Customer or third parties, or any Services provided by MULTIPHONE to Customer in connection with a problem arising out of Customer’s network malfunction or deficiency or products or services provided by Customer or third parties.
13. Defend/Indemnify/Hold Harmless: Customer agrees to defend, indemnify and hold MULTIPHONE, its officers, directors, owners, employees, affiliated entities, subsidiaries, related entities, agents and representatives harmless from all claims, demands, judgments, liabilities and damages, including punitive damages, in connection to, arising from or relating to (1) any equipment or product defect, deficiency or malfunction whether or not said products or equipment were provided by MULTIPHONE, Customer or third parties and any claims concerning 911 by any person or entity, (2) any acts or omissions of Customer or third parties, including without limitation those acts or omissions which violate third party rights (3) any Service provided by MULTIPHONE to Customer in connection with a problem arising out of Customer’s network malfunction or deficiency or products or services provided by Customer or third parties, (4) any breach by Customer of any obligations under this Agreement, (5) any measures or actions taken by MULTIPHONE to address potential or actual fraud or other wrongful conduct, and (6) any illegal, wrongful or unauthorized conduct by Customer, including without limitation any illegal, wrongful or unauthorized use of Services and equipment or products, including without limitation software used in connection with the Services, the recording of communications, and equipment or products reconfigured, not compatible, or not approved by MULTIPHONE in writing.
14. Limitation on Actions. Neither MULTIPHONE nor Customer may institute any action in any form arising out of this Agreement more than eighteen (18) months after the cause of action has arisen, or in the case of nonpayment, more than eighteen (18) months from the date of last payment or promise to pay.
15. Notice: Any notice required to be given pursuant to this Agreement shall be in writing and mailed by certified or registered mail, return receipt requested, or delivered by a national overnight express service, as follows: If to Customer, to the address provided by Customer under Customer’s signature below. If to MULTIPHONE, Attn: CFO, 2051 NW 112 Ave. Suite 114, Miami, Florida 33172. A party may change the designated address to receive notice by written notice to the other party.
16. Jurisdiction and Venue: This Agreement shall be exclusively construed, governed and enforced under the laws of Florida without regard to rules governing conflict of laws. The parties agree that the exclusive venue for all actions, relating in any manner to this Agreement, shall only be in a state court of competent jurisdiction located in Miami-Dade County, Florida. Each party consents and submits to the personal jurisdiction of such courts and irrevocably waives any and all defenses inconsistent with this Section. If MULTIPHONE or Customer deems it necessary to enforce its rights in a court of law, the parties hereby agree that the prevailing party in said litigation, including all appellate levels and proceedings, shall be entitled to recovery of its attorney’s fees and costs.
17. Agreement Binding on Others. This Agreement shall be binding on and shall inure to the benefit of the users of Services provided hereto and the parties hereto, and their heirs, administrators, successors, and permitted assigns. This Agreement does not provide any person or entity not a party to this Agreement with any remedy, claim or cause of action or creates any other third party beneficiary rights.
18. Compliance with the Law. The parties shall comply with all applicable laws and regulations of governmental bodies or agencies in their performance under this Agreement and failure to do so shall constitute a material breach of this Agreement.
19. Assignability. Customer acknowledges that Customer cannot assign the Service Agreement without the prior written consent of MULTIPHONE and that it is unlawful to sell the Service, transfer the Service, assign the Service or charge any other person, party or entity for the use of the Service without prior written consent from MULTIPHONE. This Agreement and the rights and obligations may be assigned by MULTIPHONE.
20. Survival. Sections 2 (as to the requirement to not sell, lease, rent or assign the connection or any parts of the connection to any party not named in this Agreement) through 24 and the obligations of the parties thereunder shall survive termination or expiration of this Agreement to the extent permitted or allowed therein.
21. Modification/Amendment. MULTIPHONE may, from time to time, amend or modify the terms and/or conditions of this Agreement, any exhibits and/or the terms and/or conditions posted on MULTIPHONE’S Website, including at www.multiphone.net/legal. Amendments and modifications to this Agreement will be considered given and effective on the date posted on MULTIPHONE’S Website, or by written notice to Customer. It is Customer’s obligation to ensure that it regularly accesses MULTIPHONE’S Website and reviews all modifications and amendments. In the event of a conflict between this Agreement and the Website or any exhibit, the Website or exhibit shall control. Further, in the event that a conflict exists between the Website and an exhibit, the exhibit shall control.
22. Severability. In the event that any of the provisions of this Agreement or the application of any such provisions to the parties hereto with respect to their obligations hereunder are held by a court of competent jurisdiction to be unlawful or unenforceable, the provision and its application shall be construed to allow for its enforceability to the maximum extent permitted by law and the remaining provisions of this Agreement shall remain in full force and effect, and shall not be affected, impaired, or invalidated in any manner.
23. Internet/Third Party Networks. MULTIPHONE uses, in whole or in part, the public internet and third party networks to transmit voice and other communications. MULTIPHONE is not liable or responsible for any lack of privacy which may be experienced by Customer in connection with the Service.
24. Entire Agreement/Authorized Representative/Miscellaneous. The Customer acknowledges and agrees to be subject to all restriction, terms, and conditions set forth on the Website and said terms, restrictions, and conditions are incorporated herein by reference. Any right or provision in this Agreement shall not be waived unless waived in writing by MULTIPHONE. This Agreement and all exhibits hereto and the terms and conditions on Website, contain the entire and only understanding between the parties and supersedes all prior representations, promises, or agreements, either written or oral, relating to the subject matter hereof. Any reference in this Agreement to the Website shall be limited to that Website content specifically applicable to the Services purchased pursuant to this Agreement. Customer represents that the Customer has read and understood the terms and conditions set forth in this Agreement including its exhibits and the Website and has had opportunity to review same with counsel of Customer’s choice. Headers are used for convenience purposes only and do not form part of the Agreement (including exhibits and Website). Unless specified otherwise, periods of time shall be calculated in calendar days. In the event the last day of a period of time falls on a weekend or national holiday, the last day of said period of time shall be the immediately next business day. The individual signing below on behalf of the Customer acknowledges that said individual has the proper authorization from the Customer to enter into this Agreement on behalf of the Customer
Notices Any notice from MULTIPHONE to you under this Agreement will be provided by one or more of the following: posting on this website, a recorded announcement on a Product, postcard, letter, or a call to a telephone number provided by you. You may contact us either by phone or by mail to: MULTIPHONE 2051 NW 112th Avenue Suite 114 Miami, FL 33172.
Validit
If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable
Governing La
This Agreement will be governed by the law of the State of Florida, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use, purchase or pay for the Products. Entire Agreement This Agreement (which incorporates by reference the Website Terms of Use) constitutes the entire agreement between you and MULTIPHONE and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral.
This Agreement can be amended only as provided in the Changes to the Agreement section below. No written or oral statement, advertisement, or service or product description not expressly contained in the Agreement or the Website will be allowed to contradict, explain, or supplement this Agreement or the Service
Neither you nor MULTIPHONE is relying on any representations or statements by the other party or any other person that is not included in this Agreement. Changes to the Agreement This Agreement may only be changed in the manner provided for in this section
International Top-up Terms & Condition
These conditions are subject to change at any time in the sole discretion of service provide
We are responsible for collecting all payments for orders you have placed on this website. Payment is authorized at the time the order is placed by you, and the payment will be taken from the bank account registered in your account. The rates for mobile recharges are submitted to change without any prior notice
A processing fee of minimum $1 will apply to each transaction. We reserve the right to change our rates, fees or payment options at any time without notifying you in advance
This product is purely designed for residential usage. We will terminate the service agreement if otherwise suspected. This Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated. We may terminate the Agreement at any time. We reserve the right to process or cancel any transactions in progress on termination of this Agreement or on suspension or withdrawal of the Service
MultiPhone is not responsible and will not offer any refunds for any loss you may incur in case of mistyping the recipient’s phone number, choosing the incorrect operator or entering incorrect information
It may take up to 24 hours for the mobile operator to update the credit to the prepaid number you selected
If VAT, sales tax or any other duty or taxes are imposed on the services we provide, you must pay us, in addition to any announced rate, an additional amount for the taxes added to our services
Some operators may apply VAT and taxes that will be deducted from the mobile recharge amount based on the i1301592_wp10 rules of destination network
Once the recharge is accepted by the operator whose contact information is available on the invoice, the operator becomes responsible for completing the recharge.
Other Products and Services
From time to time Multiphone.net may make available on the Website products and services from other providers, including domestic mobile top-up and international mobile top-up. Third party companies and operators in various countries that are not affiliated with provide the Additional Products, as well as the telecommunication and other services underlying the Additional Products.Multiphone.net merely distributes the Additional Products.