|
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中国大陆 |
2.0￠ |
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大陆回拨 |
4.0￠ |
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香港 |
2.0￠ |
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台湾 |
2.0￠ |
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台湾 - 手机 |
9.0￠ |
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加拿大 |
2.0￠ |
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南韩 |
2.6￠ |
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南韩 - 手机 |
5.0￠ |
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新加坡 |
2.0￠ |
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日本 |
2.8￠ |
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| 服务条款 |
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 ITALKFREEDOM TERMS AND CONDITIONS OF SERVICE |
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| iTALK BROADBAND CORPORATION |
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| iTalkFreedom Services |
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This agreement ("Agreement") is between iTalk Broadband Corporation ("iTalkBB") and an end user ("you," or "Customer") of the iTalk Freedom Calling Plan ("iTalk Freedom"). All iTalk Freedom services are governed by the terms and conditions of this Agreement. ANY ADDITIONAL OR CONFLICTING TERMS AND CONDITIONS ON ANY DOCUMENT RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT ARE HEREBY REPLACED BY THIS AGREEMENT. By activating the iTalk Freedom service, you acknowledge that you are of legal age and have read, understood and agree to and accept the terms and conditions set forth herein.
The rates and charges for the iTalk Freedom service, which may be found at www.italkFreedom.com, are effective as of April 3, 2007 and are subject to change. For your most current rates and charges, the most current version of the Agreement, or if you have questions about your services, please visit our website at www.italkFreedom.com. |
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| TERM |
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| Service is offered on a monthly basis and per minute charge basis. Monthly basis begins on the date Customer activates service and continues for the duration of that calendar month. The Service is automatically renewed unless Customer provides iTalk notification of intent to terminate the Service. No prorated refunds shall be issued for the remainder of the month which is when service is canceled. Per minute charge basis begins on the first call placed. A $20.00 prepaid charge applies to each individual account, and the Service is automatically renewed when the account balance falls below $1.00 USD unless Customer provides iTalkBB notification of intent to terminate the Service not less than thirty (30) days prior to effective date of termination. |
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| EMERGENCY DIALING – 911 |
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| CUSTOMER ACKNOWLEDGES THAT ITALKBB FREEDOM SERVICES DO NOT SUPPORT 911 ENERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS. ITALKBB ADVISES CUSTOMER TO MAINTAIN OR ACQUIRE AN ALTERNATIVE MEANS OF ACCESSING 911 SERVICES. CUSTOMR FURTHER ACKNOWLEDGES THAT THE SERVICES DO NOT FUNCTION WITH OUTDIALING SERVICES INCLUDING HOME SECURITY SYSTEMS, MEDICAL MONITORING EQUIPMENT, FAX MACHINES OR SATELLITE TELEVISION SYSTEMS. |
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| SERVICE – USEAGE |
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Customer agrees to use the iTalk Freedom service only for lawful purposes. Customer aggress not to use the services for any communication of any kind which in iTalkBB's sole discretion would constitute and criminal offense or otherwise constitute a violation of any local, state, federal or international law or encourage conduct which would violate any such law.
Customer may not resell or transfer the services to any other person without the prior written consent of iTalkBB, which consent may be withheld in iTalkBB's sole discretion.
Customer understands and agrees that the iTalk Freedom service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the service offering by iTalkBB. The Service is subject to different regulations than telephone service. This treatment may limit or otherwise affect your rights to redress before Federal or State agencies. |
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| SUBSCRIPTION AND PAYMENT |
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SUBSCRIPTION: If you are currently using iTalk Broadband Services, you may add a subscription the iTalk Freedom service by visiting iTalkBB's Website. If you are not a current iTalkBB customer, you are invited to subscribe to the iTalk Freedom services only or in combination with other iTalkBB services. When you subscribe for iTalk Freedom services, you may register one land or mobile telephone number from which you may access iTalkBB's domestic and international networks. You may then call a published Access Number (found on iTalkBB's website) to access the iTalkBB network.
CREDIT CARD PAYMENT: All new subscribers must provide to iTalkBB a valid credit card number from an accepted issuer (see iTalkBB's website for accepted issuers). You hereby authorize iTalkBB to charge the credit card number for all charges arising from your use of the iTalk Freedom service. Your credit card will be charged $20.00 prepaid charge. Calls to destinations will be charged with iTalkBB's low international rates. You will receive an online monthly invoice indicating monthly charges and usage for all call. iTalkBB will automatically charge these amounts to your credit card. The duration of each call will be calculated in one minute increments.
Billing Disputes: Customer must dispute any charges for the iTalk Freedom services within thirty (30) days of receipt of the monthly on-line invoice. Customer understands and agrees that Customer's failure to dispute any charges with the thirty (30) day time period constitutes a waiver of all claims to any dispute.
Credits. Customer acknowledges and agrees that the services are provided "as is, where is". No credit allowances shall be made for interruption of service.
Late Payment – Non-Payment: If any charges for services are due but unpaid for any reason including, without limitation, declined Credit Card charges, iTalkBB may suspend or terminate the sand all accrued charges shall immediately be due and payable, to include a late fee of the lesser of 1.5% or the maximum allowed by law. If charges cannot be processed to the Credit Card, Customer will be charged a fee of ten dollars ($10.00). Neither suspension nor termination shall relieve Customer from the obligation to pay all amounts owing under this Agreement.
General China DID: iTalkBB offers all iTalk Freedom customers a general China DID that allows friends, family and business associates in China to call your general China DID and avoid the high cost of international calling. A Monthly Fee, if applicable, will be charged to your credit card each month. You will be charged $0.03 per minute for calls to your general China Phone Number. All calls are charged in one minute increments. All purchases of the general China DIDs are final and no credit or refund will be available, unless the service to the DID is interrupted or more than seven days in any calendar month. THE GENERAL CHINA DID SERVICE IS SUBJECT TO AND DEPENDENT UPON NETWORK FACILITIES AND THER REGULATORY ENVIRONMENT IN CHINA. ITALKBB CANNOT GUARANTEE CONNECTION TO THE GENERAL CHINA DID FROM ALL CHTIES IN CHINA OR UNINTERRUPTED SERVICE.
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| FRADULENT ACTIVITIES – TERMINATION OF SERVICES |
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| iTalkBB reserves the right to deactivate, disable and remove any suspicious or fraudulent account with or without notice. You are responsible for providing all accurate account information and preventing unauthorized use of your iTalk Freedom and Credit Card accounts. iTalkBB reserves the right to suspend or discontinue providing iTalk Freedom services or your service at any time in its sole discretion. If the iTalk Freedom service is terminated by iTalkBB in its sole discretion and for any reason other than a breach or action of Customer, you will be liable for all charges accrued through the date of termination. ITALKBB WILL NOT BE LIABLE FOR ANY CHARGES ASSOCIATED WITH MISUSE, ABUSE OR UNAUTHORIZED USE OF THE ITALK FREEDOM SERVICES. All such charges will be charged to your credit card. |
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| TECHNICAL SUPPORT |
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| iTalkBB provides technical support for iTalk Freedom services described in this Agreement during its normal business hours. |
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| WARRANTY, LIABILITY AND INDEMNIFICATION |
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DISCLAIMER OF DAMGAES. ITALKBB SHALL NOT, IN ANY EVENT OR CIRCUMSTANCE, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF DATA OR CONTENT, OR ARISING OUT OF 911 OR OTHER EMERGENCY DIALING IN CONNECTIONS WITH CUSTOMER'S USE OF THE SERVICES OR EQUIPMENT PROVIDED UNDER THIS AGREEMENT.
ITALKBB MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OR IMPLIED WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICLUAR PURPOSE OR USE. ITALKBB HAS NOT AUTHORIZED ANY PERSON OR ENTITY TO MAKE WARRANTIES ON ITS BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT AS A WARRANTY BY ITALKBB.
Liability: iTalkBB will not be liable for any failure of performance due to any causes beyond its control or for any power outage, internet interruption, Equipment failure, delay in installation, activation or commencement of Service. With respect to any other legal claim or dispute, iTalkBB's liability shall be limited to the lesser of actual damages or one thousand dollars $1,000. iTalkBB will not be liable for any act or omission by any other person or entity furnishing services or products related to the services or for damages associated with service or equipment that iTalkBB does not provide.
Indemnification: Customer hereby agrees to indemnify and hold harmless iTalkBB and its officers, directors, shareholders and affiliates from and against any and all claims, damages and/or liability arising out of the services , including, without limitation, claims for libel, slander, invasion of privacy or infringement of copyright arising out of material, data or information transmitted via the services and claims arising out of any intentional act or omission by Customer or others authorized by Customer to use the Service. |
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| GOVERNING LAW AND DISPUTE RESOLUTION |
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Governing Law: This Agreement shall be governed by the laws of the State of Texas without regard to conflict of law provisions of any other state or jurisdiction. Customer hereby consents to exclusive personal and subject matter jurisdiction of the courts of the State of Texas.
Mandatory and Binding Arbitration: All claims or disputes between Customer and iTalkBB arising in any way whatsoever out of the iTalk Freedom services shall be resolved by binding and final arbitration by a single arbitrator. The American Arbitration Association shall administer the arbitration under the Commercial Arbitration Rules. The arbitration shall be conducted in Austin, Texas in English language. No arbitrator may award relief outside the limits set herein. Customer agrees that all claims shall be in Customer's individual capacity and that Customer will not commence or join any class or consolidate Customer's claim with the claims of any person or persons. Customer hereby waives any right to a jury trial. |
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| COPYRIGHTS |
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| All software utilized or provided by iTalkBB in connection with the services shall be and at all times remains sole property of iTalkBB and are protected by copyright laws and international treaties. |
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| FORCE MAJURE |
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| iTalk shall not be liable for any delay in performance caused by acts of God, natural disasters, accidents, strikes, riots, war, government actions, equipment or power failures or any other cause beyond its control. |
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| ASSIGNMENT |
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| Customer may not assign or transfer this Agreement or its obligations hereunder in whole or in part. iTalkBB may assign this Agreement at in time and in its sole discretion. |
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| ENTIRE AGREEMENT |
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| This Agreement constitutes the entire understanding and agreement between iTalkBB and Customer and supersedes all prior written or oral agreements related in any way to the subject matter hereof. |
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| * Including Australia, Austria, Belgium, Canada, China(mainland), Chile, Denmark, France, Germany, Greece, Hong Kong, Ireland, Italy, Japan, Luxembourg, Malaysia, Netherlands, New Zealand, Norway, Singapore, Portugal, Spain, Sweden, Switzerland, Taiwan, United Kingdom, Vatican City.
Except for US, Canada, China, Singapore and Hong Kong, calls to mobile phones in other countries are not included in this unlimited plan. |
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Updated: April 3, 2007
Copyright iTalkBB 2007 |
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