Terms and Conditions : Customer Service Agreement 1. Services Provided.
1. NagaTel offers the Customer the ability to makr calls. Customer may subscribe for NagaTel Service and utilize NagaTel System to make calls on a prepaid Credits basis made to Customer Account. Credits are purchased by Customer through Customer's PAYPAL Account or Credit Card, by Check, my cash or by wired bank account to bank account transfer.
2. A complete description of NagaTel services (FAQ) can be found on NagaTel Websites (www.NagaTel.com).
2. Service Outages.
1. Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service by ISP. Service outages or suspensions or terminations of service by Broadband Service Provider or ISP will prevent all Service.
2. Service Outages Due to Broadband Service Provider or ISP Blocking of Ports or Other Acts by Broadband Service Provider, ISP or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service.
3. In that event, you acknowledge that NagaTel is not responsible for Service Outage or any other impediment to your usage of the Service, and any loss of service that may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.
3. Prohibited Uses.
1. Unlawful. You shall use the Service and the System only for lawful purposes. NagaTel reserves the right to immediately terminate your Service if, in our sole and absolute discretion, NagaTel determines that you have used the Service or the System for an unlawful purpose. In the event of such termination, you will be responsible for the full Credit charges for services usage. If NagaTel believes that you have used the Service or the System for an unlawful purpose, we may forward the relevant information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such information to these authorities. In addition, NagaTel will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
2. Inappropriate Conduct. You shall not use the Service or the System in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. NagaTel reserves the right to immediately terminate your Service if, in our sole and absolute discretion, NagaTel determines that you have used the Service or the SYSTEM in any of the aforementioned ways. In the event of such termination, you will be responsible for the full Credit charges for services usage. If NagaTel believes that you have used the Service or the SYSTEM in any of the aforementioned ways, NagaTel may forward the relevant information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such information to these authorities. In addition, NagaTel will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
4. Tampering with the Service. You shall not attempt to hack the NagaTel System, NagaTel web site and its databases or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
5. List of Geographic Phone Numbers. With the objective to lower the telephone costs of its Customers, NagaTel makes available a list of Geographic Phone Numbers in different countries. By calling one of those phone numbers, NagaTel customers will have access to NagaTel System. Some Phone Numbers may support limited number of simultaneaous channels or calls. NagaTel provides these numbers only as a convenience to its customers to use with the objective outlined above. NagaTel DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE AVAILABILITY OF THE CHANNELS ASSOCIATED WITH THOSE PHONE NUMBERS. NagaTel RESERVES THE RIGHTS TO ADD, MODIFY, DELETE THE PHONE NUMBERS AT ANY TIME IN OUR SOLE AND ABSOLUTE DISCRETION. The updated list of Phone Numbers is posted at NagaTel Web site.
6. Quality of Service. The Service provided by NagaTel is not at the grade of Telecommunications Services and NagaTel provides it on a best efforts basis.
7. Service Availability. To access NagaTel Service, Customer must have access to Telecommunications Services using mobile, fixed, webphone devices. NagaTel will not reimburse the Customer for any extra charges assessed by Customer's internet provider, Telecommunication Services provider as a result of using their services to access NagaTel's Services. The Service Availability of NagaTel System is not at the grade of Telecommunications Services and NagaTel provides it on a best efforts basis.
8. Call charging. The call charging calculation is done at the second basis. NagaTel does not guarantie the precision of the calculation.
9. Call Tariff. The Call Tariff for a given destintion can be calculated using the Simulator available on Customer Account page of NagaTel website. NagaTel can change the call tariff at any moment without informing the Customer. The Call Tariff applies between the source determined by the Access Phone Number and the destination determined by the Called Party Number.
10. Username/Password, Prepaid Card Number. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ITS USERNAME AND PASSWORD, Prepaid Card Number. THE CUSTOMER EXPRESSLY AGREES TO BE LIABLE FOR ALL SERVICES CHARGED TO THEIR ACCOUNT WHETHER OR NOT CUSTOMER HAS AUTHORIZED SUCH USE. AS SUCH, NagaTel CANNOT BE HELD RESPONSIBLE FOR FRAUDULENT CHARGES THAT RESULT FROM THEFT OR FRAUDULENT USE OF THE CUSTOMERS ACCOUNT. If a Customer suspects that their Account, Username and/or Password, Prepaid Card Number is being used in an unauthorized manner, the Customer shall be required to contact NagaTel within twenty-four (24) hours of a Customer's suspicion or awareness that unauthorized use has occurred on their Account so that the appropriate modifications can be made to prevent any further unauthorized usage on that Account. ALL ACCOUNT INFORMATION WILL BE SENT TO THE E-MAIL ADDRESS PROVIDED BY THE CUSTOMER AT SIGN UP. Therefore, it is the Customer's responsability to provide NagaTel with a secure and correct e-mail address as NagaTel will not be responsible and shall be held harmless for any access to Customers Account by any unauthorized persons.
11. Opening/Closing a Customer Account. THE CUSTOMER IS SOLELY RESPONSIBLE FOR OPENING, CLOSING ITS Customer ACCOUNT. THE CUSTOMER EXPRESSLY AGREES TO BE LIABLE FOR ALL SERVICES CHARGED TO THEIR ACCOUNT WHETHER OR NOT CUSTOMER HAS AUTHORIZED SUCH USE. AS SUCH, NagaTel CANNOT BE HELD RESPONSIBLE FOR FRAUDULENT CHARGES THAT RESULT FROM THEFT OR FRAUDULENT USE OF THE CUSTOMER'S ACCOUNT.
12. Payment. Customer purchases Credits which allow Customer to make calls. Credits can be purchased by Customer using Customer's PAYPAL Account or Credit Card, by Check, by Cash, or by wired bank account to bank account transfer. In case of a payment by check, by cash or by wired bank account to bank account transfer, the CUSTOMER implicitly agrees with the Terms of this Agreement. In case of a payment by Paypal, the CUSTOMER agrees to pay the fees associated with Paypal services utilisation.
13. Email Notification. The Customer is responsible for both maintaining a current and operational e-mail address and for reading all e-mail notices from NagaTel. It is expressly understood by you that e-mail notification will be the only manner by which NagaTel will communicate with you regarding updates to its services and information pertaining to your Account. You may also view information regarding your Account by logging into your NagaTel Account on the NagaTel websites.
14. Consent to Email Communications. By entering into this Agreement, you consent to both the receipt of electronic mail ("EMail") from NagaTel and that Email communication shall be the sole manner by which NagaTel shall contact Customer. In addition to sending a Customer EMail notifications as provided for above, NagaTel may also send a Customer EMails about services and products the Company believes may be of interest to you. A Customer may opt-out of future EMails about products or services by contacting NagaTel by writing an Email to NagaTel. NagaTel reserves the right, however, to continue to EMail Customer important information relating to their Account, this Agreement or other regulatory communications.
15. Billing.
1. Billing Information and Invoices are available at Customer Account on NagaTel Website.
2. Billing Disputes. A Customer must notify NagaTel by e-mail any disputed credit charges within thirty (30) days of the charge being posted to its Account. NagaTel will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent NagaTel determines, at its sole discretion, that a billing adjustment is warranted, a Customers Account will be credited accordingly. If a Customer fails to notify NagaTel of a billing dispute as noted above, the Customer shall expressly waive all rights to bring any claim against NagaTel regarding a disputed credit charge. This Section does not waive Customers responsability to notify NagaTel of unauthorized use of its Account (Prepaid Card Number, Password and/or Username) within the period and by method set forth in Section Nine herein.
16. Ownership of Account. NagaTel will not make any adjustment to a Customer's Account information. A Customer can request their password be sent to them at any time via email by clicking the "Forgot Password" link on the LOGIN page. If Customer cannot provide this information, NagaTel will close its Account and the balance of remaining credit of the account will be lost.
17. Termination.
1. Discontinuance of Service. NagaTel reserves the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or terminate your Service without a stated reason, you will only be responsible for Credit charges accrued through the date of termination. The unused CREDIT balance will be credited back to you using PAYPAL payment. However, the unused bonus is not refundable.
2. Cancellation. Customer may discontinue NagaTel's Service at any time with an Email notice to NagaTel. NagaTel will then close Customers Account. The unused CREDIT balance will be credited back to you using PAYPAL payment. However, the unused bonus is not refundable. NagaTel reserves the right, at its sole discretion and for any reason, to terminate this Agreement and the Customers access to its Service. If fraud is suspected, NagaTel has the right to put an account immediately on hold until investigation into the fraud is completed.
18. Government Taxes. NagaTel Service is not subjected to Value Added Tax (French law :Art. 293 B Du CGI). NagaTel reserves its right to pass through to the Customer any new government taxes, fees or surcharges that shall apply on future purchased credits. In this case, the Customer will be notified through NagaTel Web site.
19. Agents. NagaTel does not authorize any third-party agents or resellers to sell NagaTel Services.
20. Customer Service. If a Customer has any questions, concerns or complaints about the services, provided by NagaTel they may contact NagaTel by Email using Contact Us form.
21. Limitation of Liability. NagaTel 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 AUDIO CONFERENCE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM. NagaTel 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 NagaTel HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADDITION, NagaTel 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.
22. No Warranties. NagaTel DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT.
23. Force Majeure. NagaTel 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 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 NagaTel.
24. Exclusive Jurisdiction and Venue. Any suit involving any dispute or matter arising under this Agreement may only be brought in the Court of Paris/FRANCE, which shall have jurisdiction over the subject matter of the dispute or matter. Customer hereby expressly consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding and waive any objection to venue or inconvenient forum and to the waiver of any right to bring, represent or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in Court. THE CUSTOMER FURTHER EXPRESSLY WAIVES ANY RIGHT OF ANY RIGHT TO A JURY TRIAL, TO RAISE COUNTERCLAIMS OR TO ASSERT THE DEFENSE OF SETOFF IN ANY CLAIM FILED BY NagaTel UNDER THE TERMS OF THIS AGREEMENT.
25. Trademarks. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of NagaTel, including but not limited to "NagaTel", "NagaTel.com" (collectively "Marks") are and shall remain the exclusive property of NagaTel and nothing in this Agreement shall grant Customer the license to use such Marks without the express written permission of NagaTel.
26. Assignment. NagaTel may assign its rights and duties under this Agreement to any party at any time without notice to the Customer. A Customer may not assign their rights and duties under this Agreement without the express written permission of NagaTel, and such permission and/or authorization shall be in the sole discretion of NagaTel.
27. Severability - Integration - Entire Agreement 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. This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between Customer and NagaTel with respect to the services provided hereunder and will supersede and replace all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and NagaTel.
28. Governing Law. This Agreement, and all modifications/amendments thereto, shall be governed by the law of FRANCE.
29. Waiver. NagaTel'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 hereof nor NagaTel right to enforce a provision upon the Customer.
30. Term. The term of this Agreement shall be from the inception of a Customers Account until termination.
31. Privacy Policy. To learn about how NagaTel protects the Customers personal information, refer to NagaTel's Privacy Policy on the Website.
32. Compliance with Laws. NagaTel shall comply with all applicable french laws and/or regulations regarding the provision of the services provided for under this Agreement.
33. Use. Customer agrees to use NagaTel's service in a lawful manner, which is consistent with the terms and conditions of this Agreement and all applicable french laws and/or regulations. NagaTel reserves the right to immediately, and without notice, terminate, or otherwise discontinue, a Customers Account in the event it determines that a Customer has violated any such term, condition, law and/or regulation.
34. Legalility. NagaTel MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE SERVICES, TECHNOLOGY OR EQUIPMENT BEING PROVIDED IS LEGAL OR ALLOWED IN YOUR HOME COUNTRY, OR THE COUNTRY YOU ARE PLACING CALLS FROM. NagaTel IS NOT RESPONSIBLE FOR VERIFYING LOCAL/NATIONAL LAWS AND IT IS UP TO YOU TO DETERMINE IF USING THE NagaTel SERVICE IS LEGAL IN YOUR COUNTRY/JURISDICTION. BY ACCPETING SERVICE UNDER THE TERMS OF THIS AGREEMENT YOU ARE EXPRESSLY RELIEVING NagaTel FROM ANY LIABILITY ARISING UNDER THE TERMS OF THIS PROVISION.
35. Modifications/Amendments. This Agreement may be modified or amended by NagaTel at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website under Terms and Conditions. Furthermore, you will be asked to verify acceptance of these terms when you purchase Credit Units for your account. YOUR CONTINUED USE OF YOUR ACCOUNT WILL BE CONCLUSIVELY DEEMED TO BE AN EXPRESS ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS AGREEMENT AND ANY MODIFICATIONS.
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Terms and Conditions
