Terms of Use

TERMS OF SERVICE

We make this Website available and offer our products and services based on the terms and conditions set forth in the Customer Agreement below. By using this Website and purchasing products or services from us, you agree to the terms and conditions in the Customer Agreement, with the same legal effect as signing a physical copy of the Customer Agreement.

We may amend the terms of our Customer Agreement at any time. Amendments will take effect as soon as they are posted on this Website. You must visit this page often to ascertain any changes to Customer Agreement.

CUSTOMER AGREEMENT

This Customer Service Agreement (the "Agreement") governs all the terms and conditions associated with use of this website (the "Website") and the products and services offered by or through TelcoNOW to customers ("you" or the "Customer").

1. Products and Services Offered
TelcoNOW uses this Website to offer local, long-distance and international calling services ("Calling Services"). The Calling Services are offered exclusively on a prepaid basis. You may purchase Calling Services with a specified value (the "Service Value"), and you may use the Calling Services using a standard SIP software or hardware by using the card number provided to you and by entering your password to identify your TelcoNOW account. TelcoNOW may also offer other products and services from time to time, which will also be governed by the terms of this Customer Agreement, unless otherwise indicated. A list of TelcoNOW products and services can be found on the Website.

2. Opening an Account
In order to purchase Calling Services, you must complete in full an application form on the Website, use permitted payment method, select a non-refundable, specified US dollar value of Calling Services you wish to purchase and, specify the type of Calling Services you are purchasing. All transactions are in USD. For transaction security we use SSL encryption. You will be billed immediately after purchase. Following completion of your purchase, you will be sent an electronic notification (in the form of an e-mail message), which will state the value of the Calling Services you purchased. We recommend the cardholder to print out all transaction data, the terms and conditions and the payment methods in order to avoid misconceptions and discussions at a later time. TelcoNOW will establish an account ("Virtual PhoneCard account") to track the Service Value that you are entitled to receive.

3. Placing Calls
To use the Calling Services you purchased, enter your Virtual PhoneCard account number and password into a properly installed and setup SIP device.

4. Virtual PhoneCard account
TelcoNOW will deliver Calling Services only in the amount you have paid for in advance. The remaining Service Value of Calling Services to be provided will be reflected in your Virtual PhoneCard account. As you use TelcoNOW's Calling Services, the Service Value in your Virtual PhoneCard account will be reduced accordingly. No Calling Services will be provided if your Virtual PhoneCard account does not have sufficient Service Value to cover the cost of the service. Calls may be interrupted to the extent that the remaining balance in your Virtual PhoneCard account is depleted.

5. Use of Virtual PhoneCard Account
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR Virtual PhoneCard account number and password. You are solely responsible for any and all charges to your account. TelcoNOW is not responsible and will not issue refunds for fraudulent charges that result from theft or fraudulent use of your Virtual PhoneCard account. YOU WILL BE RESPONSIBLE FOR THE VALUE OF ALL SERVICES CHARGED TO YOUR VIRTUAL PREPAID PHONECARD ACCOUNT WHETHER OR NOT YOU HAVE AUTHORIZED USE OF YOUR VIRTUAL PREPAID PHONECARD ACCOUNT. You are also responsible for all activities that occur under your VIRTUAL PHONECARD ACCOUNT NUMBER. If you believe that your Virtual PhoneCard account is being used in an unauthorized manner, you agree to contact TelcoNOW within one calendar day so that the appropriate modifications can be made to your Virtual PhoneCard account.

6. Rates
TelcoNOW's rates for Calling Services are listed on the Website and are incorporated by reference into this Agreement. Rates for Calling Services are subject to change without notice. You are responsible for checking all applicable rates before making any call using TelcoNOW's services. TelcoNOW reserves the right, at its sole discretion, to modify those rates at any time and/or to offer special promotions. While our goal is to maintain consistent and competitive rates on all Calling Services, we cannot guarantee that rates will not be altered significantly before you use the Calling Services purchased, which could significantly affect the amount of Calling Services you are entitled to. TelcoNOW is not obligated to credit back any unused Service Value in your Virtual PhoneCard account in connection with rate changes or otherwise. Charges for telephone calls are measured in one second increments.

7. Billing Information and Notifications
TelcoNOW does not send any invoices or statements to its customers. You are responsible for maintaining a current and operational email address and for reading email from TelcoNOW so that we can notify you of updates to TelcoNOW's services and any customer account information.

8. Billing Disputes
You must notify TelcoNOW by e-mail of any disputed charges within thirty (30) days of the charge being posted to your Virtual PhoneCard account. TelcoNOW will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent TelcoNOW determines, at its sole discretion, that a billing adjustment is warranted, your Virtual PhoneCard account will be credited accordingly. If you fail to notify TelcoNOW of a billing dispute as noted above, you will waive all rights to bring any claim regarding the dispute.

9. Interrupted Calls and Quality of Service
All calls placed using your Virtual PhoneCard account are routed by TelcoNOW to independent carriers. TelcoNOW is not responsible for the quality of service provided by these independent carriers, for dropped or interrupted calls, or for any failure to place a call. TelcoNOW will not refund charges for interrupted calls. TelcoNOW's services cannot be used to place emergency or urgent calls, and you should not rely on the availability of service from TelcoNOW's carriers at any given time.

10. Credit Review
TelcoNOW may refuse to provide service if your credit is not deemed satisfactory by TelcoNOW, in its sole discretion.

11. Cancellation by Customer
You may choose to discontinue service at any time by providing written or email notice. We will then remove access to your Virtual PhoneCard account. You will not be entitled to any refund of the unused balance in your Virtual PhoneCard account upon cancellation. You remain responsible for all charges for services provided through the date you cancel your Virtual PhoneCard account.

12. Termination by TelcoNOW
TelcoNOW may immediately cancel any Virtual PhoneCard account in TelcoNOW's discretion if TelcoNOW determines that the Virtual PhoneCard account was used in violation of this Agreement. If fraud is suspected, TelcoNOW has the right to put an account immediately on hold until further investigation takes place. In addition, TelcoNOW reserves the right, at its sole discretion and for any reason, to terminate this Agreement and your access to its services, upon five (5) days electronic notice.

13. Taxes
TelcoNOW reserves the right to pass through to you any new government taxes, fees, surcharges that apply to your use of the Calling Services.

14. Third-Party Vendor Promotions
TelcoNOW may from time to time offer special promotional programs to our Customers. We may provide direct links to other online vendors from the Website, and we may notify you electronically of special promotions or offers by TelcoNOW or other vendors. TelcoNOW is not responsible for the contents of any linked site, the products/services offered through those sites, any link to other sites contained in a linked site, or any changes or updates to such sites. TelcoNOW provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement, guarantee or warranty (either expressed or implied) by TelcoNOW of the site or the products/services offered through that site.

15. Customer Service
If you have questions, concerns or complaints about your Service, you may contact our Customer Service Department by e-mail at support@telconow.com or by phone at .

16. Limitation of Liability
TelcoNOW SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM. TelcoNOW WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, AND EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF TelcoNOW HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TelcoNOW IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICE THROUGH TOLL OR LOCAL ACCESS NUMBERS. TelcoNOW SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.

17. No Warranties
TelcoNOW DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT. TelcoNOW makes no warranty that its products or services, including the Calling Services, will meet the needs of any particular Customer, or will be uninterrupted, timely, secure or error-free. TelcoNOW is not responsible for reimbursements for calls made with another service while TelcoNOW's services are temporarily unavailable.

18. Force Majeure
TelcoNOW shall not be liable for its failure to perform its obligations under this Agreement if such failure is the result of a force Majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of TelcoNOW.

19. Bankruptcy of Carrier
TelcoNOW will not be liable or responsible to reimburse any lost Service Value allocated to a telecommunications carrier or distributor in the event the carrier or distributor declares bankruptcy or otherwise ceases operations.

20. Indemnity
You agree to indemnify, defend and hold TelcoNOW, its members, officers, directors, employees, agents, licensors, suppliers, carriers and resellers from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorneys fees, which are the result of, or are in any way related to, your use of the Website, the Calling Services, and/or your transactions and communications with third-party vendors relating to the Calling Services or the Website.

21. Arbitration
All disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this Agreement shall be submitted by either party for final and binding resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in London, England. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys' fees of the prevailing party shall be assessed against the party against whom the award is rendered.

22. Modifications/Amendments
This Agreement may be modified or amended by TelcoNOW at any time. Unless otherwise provided, all such modifications or amendments shall be effective upon posting on the Website. You are responsible for checking the Website frequently to ascertain any modifications. Your continued use of TelcoNOW's services will be deemed acceptance of any prior modifications to the terms of this Agreement posted on the Website.

23. Assignment
TelcoNOW may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement without the express written permission of TelcoNOW.

24. Severability
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provision will of this Agreement will continue in full force and effect.

25. Integration - Entire Agreement
This Agreement, together with any written amendments or written modifications, constitutes the entire agreement between you and TelcoNOW with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, whether written, electronic or oral, between you and TelcoNOW.

26. Governing Law
This Agreement and all modifications/amendments thereto, shall be governed by the laws of the United Kingdoms.

27. Waiver
Either party's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

28. Privacy Policy
All customer data will be treated confidential and will not be sold to others.

29. Compliance with Laws
You agree to use TelcoNOW's service in a lawful manner which is consistent with the terms and conditions of this Agreement and all applicable federal, state, local and overseas laws and/or regulations. You agree not to use any TelcoNOW services for illegal purposes or for communications or transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous or otherwise objectionable, or which violates the intellectual property rights or any other person. Notwithstanding the provisions of Section 12 above, TelcoNOW reserves the right to immediately, and without notice, terminate, or otherwise discontinue, your Virtual PhoneCard account in the event it determines that you have violated any such term, condition, law and/or regulation.