For your convenience, we have defined the terms to be used in this Agreement and with respect to the services we will be providing to you.
Terms which have not been defined shall be interpreted in accordance with their definition as set forth in the law.
- Website – our website, the address of which is www.tawagphilippines.net
- Service Order – A customer's request to be registered as a user of Tawag Philippines prepaid long distance service and to purchase services and/or products, which includes the customer's identification details (I.D. number, license number and other similar details), the order details relating to the types of services and/or products which the customer requested to purchase and the methods of payment therefor. Registration on the Website and the Company's systems shall serve as prima facie evidence, for all intents and purposes, that you have ordered the Services and/or the Products, including with respect to the details of the order and any other instruction or notice issued by you.
- User/Customer – A customer who contracts with the Company for the purchase of Services and/or Products.
- Notice – Any of the following: written notice, including via e-mail, registered mail, facsimile or telephone, the main points of which are documented by us in writing immediately after the occurrence thereof.
- The Law – This agreement is subject to the United States of America.
- The Company – Tawag Philippines (TP)
- Value Added Services – Services and/or Products which we offer to Tawag Philippines Users as services and/or products which are supplementary or accompanying to TP services, as well as other services and/or products which we offer to the public and which are available for purchase by any customer, including in the event the customer does not use such services and/or products.
- Rates – The updated list of calling rates per minute, as updated on the Website by us from time to time. – The updated list of calling rates per minute, as updated on the Website by us from time to time.
- The prices of the Services are in US dollars, and shall be charged in accordance with the US dollars rate on the date of purchase and/or use of the Service. Prices do not include taxes nor do they include shipping unless otherwise explicitly stated.
- Access Number - the telephone number that a customer needs to dial in order to get a link to our system. TP will not be liable for calls where the access number is skipped, thereby prompting the local carrier to bill the customer for a direct long distance or international call. Nor shall TP be liable for long distance charges incurred when the local access number you use is not within the same rate center.
- Promotional Offers – Special rates and perks which apply to our sales, according to which we will be offering our Customers time-limited benefits or a benefit which would only apply to a Customer who takes advantage of the sale during the effective period of the offer to purchase the Services and/or Products. Tawag Philippines reserves the right to terminate and amend promotions without prior notice.
Invoices and Methods of Payment
- Immediately after user minutes are added to the Customer's account and/or Services are purchased and/or Products are ordered, the Customer shall receive an invoice for the foregoing.
- Payment shall be effected by means of a credit card, the details of which shall be provided to us. The Customer is required to inform us immediately of any changes to the methods of payment or of any credit card cancellation.
- Our systems identify your communication service consumption, and measure and document such information on an ongoing basis. It is agreed that such documentation shall constitute evidence with respect to such service consumption, and in connection with the payments which are required to be made with respect to such services.
- The department that handles customer complaints with respect to the Services and/or products will handle any objection you may have to the bill.
- The provisions of this Section , including all subsections hereof, constitute material terms of this Agreement.
Services ans Support
- It is possible to receive information through the Website, which may assist you in solving problems and mishaps. In addition, our service and support representatives may be contacted via e-mail or by calling our Customer Service hotline for any question, objection and/or to receive information relating to this Agreement and/or the Services and/or Products.
- We are committed to protecting the privacy of all users, and therefore, when contacting the support and service center, you will be requested to provide identifying details, including the PIN in order for us to be able to ascertain that such information is identical to the information which is registered with us.
- In the event an error occurs in receiving Services, a request to receive service and/or support should be sent via the Website, and the service and support representatives shall assist you in identifying the problem, and will guide you in performing the necessary actions in order to correct the problem and/or in receiving the methods for solving such problem.
- All use of the services by means of the PIN or registered number/s shall be considered as having been performed by the registered user including in the event they were performed by another user. We shall not be responsible for any calls made from your PIN or account by any other user.
Receiving Information on Our Website
- We may be contacted via the Website to receive information regarding the Services and/or the Products, sales, prices of Services and/or to view notifications to our Customers.
- We call your attention to the fact that the Website publishes terms for receiving Services, the prices of Products and Services and operating instructions for the Services and/or Products. You are requested to read the terms of Service and the instructions and to act in accordance therewith.
Your Account in the Company and Loading the Account
- To purchase Services or Products on the Website, you may activate or reload your account with us by means of each of the methods of payment specified on the Website – direct payment, PayPal or any other method available from time to time on the Website.
- Any amount to be loaded and/or deposited by you in our favor shall be accumulated in your favor for the purpose of using the Services.
- In the event the Customer erroneously overloads his account, then, if the Customer contacts the Company's customer service within 30 days of such erroneous overloading, he shall be refunded the erroneous amount via the method of payment by which such amount was paid. In the event the Customer contacts the Company's customer service regarding the error 30 days after the error occurred, then the Company will not provide any refund for such loading.
- Rates are applied as they appear on the Company's Price List on the Website.
- The Company reserves the right to change the charge rates from time to time, by 14 days' notice on the Website or by e-mail.
Performance: Any Call Details provided by customer service of the carrier about the usage of a prepaid phone are final and will be considered authentic record/proof about the usage of an account or PIN. All sales are final.TP does not guarantee call quality or connectivity, and will not be responsible or liable for reimbursement of lost minutes or reduction in the stored value of any prepaid card. Connection to a wrong number is a valid call. Service outages extending over few hours to a couple of days may occur. TP will not be liable for such outage, and customers shall have no right to any refund, credit, compensation or damages from TP because of service outage or any other situation arising out of service outage.
All telecommunications services used in connection with Pins are provided by the underlying carriers of those telecommunications services. TP does not have any control over the costs of inbound access i.e. 1-800 and any national and international destination. TP will not be responsible or liable for any change in calling rates, billing increments, fees, taxes, and other charges by carriers of local cellular network service. TP shall not be obligated to provide any refunds for unauthorized use or for deficiency in the quality or availability of telecommunications services. Buyer assumes all risks immediately upon purchase of the service.
Termination and Cancellation of Service
- You may, at any time, submit a request via Website, fax or telephone that we cease providing all or part of the Services. We shall cease the services at your request, within three business days of receiving your notice, unless you request to terminate the services at another date.
Termination of Service at Our Initiative
- We shall be entitled to terminate the supply of all or part of the Services, temporarily or permanently, in each of the following circumstances:
- You fail to fulfill your monetary obligations to the Company. A reasonable concern exists that fraud has been committed against us or a third party; no prior notice shall be provided for termination of the Services based on this circumstance. We receive instructions from a competent authority to stop the provision of Services. Bankruptcy proceedings have been instituted against you, or in the event of a creditors' arrangement or negotiations for a creditors' arrangement, or your solvency is in doubt.
- In exchange for the Services you received up to the date of actual termination of the Services, you shall be required to pay all of the payments applying to you under the Agreement, including interest on arrears, linkage differentials and collections expenses.
- You are aware that temporary Service interruptions, disruptions or interference are possible, inter alia, due to maintenance work, emergencies or force majeure; in circumstances of initiated maintenance activity which requires Services to be interrupted or limited, we shall make an effort to provide you prior notice thereof.
- We, our employees and any other individual or entity on our behalf undertake to keep confidential and not to provide or disclose to anyone not authorized under law, your details or other information relating to you, which reached us in connection with the receipt of Services, including the details of your account with us (hereinafter, "Personal Information").
- Subject to the provisions of the Privacy Protection Law, 5741-1981, the Secret Monitoring Law, 5739-1979 and any other law relating to the protection of an individual's privacy, we shall be entitled to monitor via computer your activities in the system which is used to provide the Services, in order to control and ensure that our systems are working properly and to protect the activities thereof and the activities of users, as well as the quality of the Services provided to you.
- Notwithstanding the foregoing, it is agreed between us that we shall be entitled to disclose your Personal Information to another party in the following circumstances: Upon your request, after identifying yourself to us; In accordance with an obligation or duty under law; Pursuant to any applicable law; For the purpose of collecting payments owed by you for the Services;
- For our marketing and survey purposes, including participation in sales, offering benefits and providing notices, unless you notify us that you object to the foregoing.
- It is agreed that we shall be entitled to inform you of Services and/or to provide you marketing information by means of your e-mail or another e-mail address belonging to you and/or by means of your Internet browser, via telephone, fax, SMS message or in any other manner. You may request that we cease sending you such marketing information. We shall request that the third party receiving your user information undertake to maintain confidentiality.
- We shall protect your privacy with respect to the numbers you call, and shall not read or divulge to another party, except as required by law.
- It is agreed that we shall be entitled to conduct general statistical surveys which do not contain Personal Information, with respect to your use of our technology.
- We may record our telephone conversations with you in connection with the Services, and may use such recordings, inter alia, for the purpose of improving service.
- It is agreed that by performing this Contract, you undertake, inter alia, the following obligations:
- To effect all payments for the Products and/or Services in a timely manner. To use the Products and/or Services in accordance with the provisions of any law, the provisions of the Agreement and the instructions of our representatives.
- Not to assign and/or transfer your account to another party. Not to supply communication services using the Services provided to you under the Agreement, with or without a license, and for or without payment. Not to use the Services and/or Products unlawfully and/or in violation of the law, and to indemnify us for any damage and/or loss and/or expense, including attorney fees, which are sustained by us and/or by a third party as a result of the prohibited use of the Services by you or anyone on your behalf.
- "Prohibited Use" means the unlawful use of the Services provided to you, and, without derogating from the foregoing, includes the following:
- Infringement of our intellectual property rights and/or those of other Internet users or of a third party, including the infringement of copyrights, trademarks and other similar intellectual property rights.
- Publication in contravention of the provisions of the Prohibition of Defamation Law, 5725-1965.
- In the event your country has enacted a law which places an age restriction on use of the Services, and you belong to such age group, then you are prohibited from using the Services and are enjoined to refrain from using them.
- The provisions of this Section, including all subsections hereof, are fundamental conditions of the Agreement.
- We shall make our best efforts to provide you the Services in an ongoing, sound and orderly manner. Notwithstanding, we shall not be responsible, inter alia, for factors beyond our control, including: The sound working condition of your communication network or equipment and/or the equipment and foundations by means of which you wish to receive the Services. It is clarified that such factors, which are beyond our control, are liable to affect the quality and security of the Services, and are liable to cause disruptions and/or delays in the transmission of messages, and disconnections and/or other mishaps in connection with the receipt of Services.
- We do not provide security means to protect the Services and/or equipment used for receiving the Services against disruptions, mishaps or disconnections which are likely to be caused by other users. In addition, we do not monitor and/or filter content, sites and/or any other activity.
- You shall be responsible for the content of the information, data and/or other communication which is transmitted by means of and as part of the Services. It is clarified that we shall not be responsible for, nor shall we bear any damage or liability for infringement of any intellectual property rights, including any infringement of copyrights, trademarks, trade secrets, patents, designs and/or defamation by you or against you as part of the use of the Services.
- We shall not be responsible in the event an error occurs in the provision of the Services, an error in transmitting a telecommunication message or in the deletion thereof, or in the failure or delay in the transmission of a telecommunication message, or in the delivery of a telecommunication message to an incorrect address, unless the foregoing took place with the malicious intent of the Company, its employees and/or any workers on its behalf.
- Neither we, nor our employees, nor anyone on our behalf shall be responsible for any indirect damage, including consequential or probable damage to you or to anyone on your behalf, as a result of or in connection with the supply, limitation, suspension or disconnection of the Services for any reason whatsoever.
- Our liability towards you is limited to direct damage alone, if caused to you as a result of malicious intent or gross negligence on our part, and not exceeding the amount you paid for the Services during a consecutive period of three months preceding the date of the damage.
- Without derogating from the foregoing, it is hereby clarified that the dates for providing Services may be postponed as a result of each of the aforementioned factors, and the period of such delay or postponement shall not be considered to be a breach of any of our obligations towards you.
- Without derogating from the foregoing, neither we nor anyone on our behalf shall be responsible for damage caused as a result of an action which we are permitted to perform in accordance with the law, the Agreement and/or instructions issued to us by a competent authority.
LIMITS ON LIABILITY - DISCLAIMER OF WARRANTIES.
TP MAKES NO WARRANTY THAT IT WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE TIMELY, SECURE, ACCURATE OR ERROR-FREE. THE WEBSITE AND ALL SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TP DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. THE PRODUCTS OBTAINED THROUGH THE USE OF OR IN CONNECTION WITH THIS WEB SITE MAY OR MAY NOT CARRY WARRANTIES FROM THE MANUFACTURERS OF THOSE PRODUCTS. IF SUCH MANUFACTURER WARRANTIES EXIST, THEY ARE THE ONLY WARRANTIES APPLICABLE TO SUCH PRODUCTS TP DOES NOT WARRANT THAT THE WEB SITE CONTAINS COMPREHENSIVE INFORMATION ON ANY PRODUCT OR ANY CATEGORIES OF PRODUCTS WHATSOEVER. IN NO EVENT SHALL TP BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY, OR PUNITIVE DAMAGES (WHETHER FORSEEABLE OR NOT) INCLUDING WITHOUT LIMITATION LOST OR ANTICIPATED REVENUES OR PROFITS ARISING FROM ANY CAUSE WHATSOEVER (INCLUDING INTENTIONAL OR NEGLIGENT CONDUCT), WHETHER IN CONTRACT OR TORT, OR DAMAGES ARISING FROM ANY ERRORS, MISTAKE, OMISSION, INTERRUPTION OR DELAY IN THE COURSE OF ESTABLISHING, FURNISHING, CHANGING OR TERMINATING ANY SERVICE PROVIDED THROUGH THE WEBSITE, OR FOR ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED IN THIS WEB SITE, EVEN IF DCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CIRCUMSTANCE SHALL TP 'S LIABILITY TO ANY CUSTOMER EXCEED THE VALUE, CALCULATED AT TP 'S THEN-APPLICABLE RATES, OF THE UNUSED MINUTES ON A CUSTOMER'S PREPAID CALLING CARD ("PIN"). SOME STATES DO NOT ALLOW SOME LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THE RISK OF LOSS OF ALL PINS PURCHASED THROUGH THIS WEB SITE SHALL PASS TO CUSTOMER IMMEDIATELY UPON PURCHASE AND CUSTOMER SHALL ASSUME ALL RISK OF LOSS. TP SHALL NOT BE OBLIGATED TO PROVIDE CREDITS OR REFUNDS (IN ANY FORM OR AMOUNT) FOR LOST OR STOLEN PINS, MISUSED PINS, UNAUTHORIZED OR FRAUDULENT USE OF PINS, OR FOR PINS THAT HAVE UNUSED OR EXPIRED MINUTES. THE OBLIGATIONS OF TP UNDER THIS AGREEMENT ARE SUBJECT TO, AND TP SHALL NOT 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, ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATIONS, ACTS OR OMISSIONS OF THIRD PARTY SERVICE PROVIDERS, OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF TP.
Indemnification. You agree to indemnify, defend and hold harmless TP, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
- It is important to remember that emergency phone numbers, including the police department, ambulance, security services and hospitals, may not be dialed by means of the communication services, and that the communication services are not, in this respect, a substitute for your telephone services.
- In the event you ordered Value Added Services, then, special conditions with respect to the provision of Value Added Services, as set forth on our Website, shall apply to you in addition to the terms of the Agreement.
This provision is a fundamental provision of the Agreement.
- The Company may assign this Agreement and any right hereunder, including the right to collect and to receive monies, to any third party.
- Any cancellation or determination with respect to the voidness of all or part of a term in this Agreement shall only apply with respect to such term or portion thereof, as applicable, and such cancellation or determination, in and of itself, shall not affect the binding effect of the Agreement or of another term therein.
- We shall be entitled to modify the terms of this Agreement, including on the basis of a legal, technical, safety or commercial reason and subject to any applicable law. We shall inform you of any material modifications to the Agreement, and you shall be entitled, as a result, to provide notification of the termination of the Contract prior to the effective date of such modifications.
- We shall be entitled to offset and/or to withhold any amount received from you in connection with this Agreement and/or any other agreement.
- Subject to any law, I, the Customer, agree that the service agreement documentation between the Company and me, and any other correspondence in connection with the supply of the Products and/or the electronic Services, shall be effected electronically (via the Internet or e-mail).
The Parties' Addresses and Notices
- Notices sent to you shall be deemed to have been delivered within three business days after having been sent by mail. Notices delivered by hand or via e-mail or facsimile shall be deemed to have delivered upon receipt of confirmation of delivery or transmission, as applicable.
- The details and address of the Company are as follows:
- TAWAG PHILIPPINES, 14091 John Marshal Highway, Gainesville, VA, USA 20155.
- Your address shall be as set forth on the Service Order and/or as last updated in our records in accordance with your request. You must inform us of any change in the address or other details you provided to us within 14 days of such change.
- The laws of the Commonwealth of Virginia, USA shall govern this Agreement, the interpretation thereof and any matter related to and/or arising therefrom, and the competent courts in Virginia shall have sole jurisdiction over any dispute arising between you and us in connection with this Agreement, including with respect to the validity and breach hereof.
Your Consent to the Agreement You hereby consent that you have read the above Agreement and understand the foregoing rights, obligations and terms. In the event you do not agree with the provisions of the above Agreement, do not approve the wording thereof, then, do not use the Services. You consent to the foregoing terms by marking the space which confirms that you have read and consent to the terms. In addition, your decision to install the software for receiving the Services and/or Products is subject to your consent of the above terms. We recommend that you print out the above terms and keep a written copy thereof. The Agreement shall become effective as of your consent to the terms or when you commence use of the Products or Services, whichever is earlier, until you request to be disconnected from such Services.