TERMS AND CONDITIONS

Qpay Inc. provides access to long distance services for you to make long distance telephone calls subject to the terms and conditions set forth in this document.

Please read this agreement carefully before accessing or using this service.

You understand and agree that Qpay may modify and/or change the Agreement at any time.

By purchasing or using the service, you, the user accept/s the rates, terms, and conditions and agree to be bound by the terms and conditions set forth below.

Eligibility

You are eligible to use this service if you are of legal age, and can form a legally binding contract under applicable laws. If you are not of legal age, please do not use Qpay Unlimited Calling services.

Customer Service

You may call between 8:00 a.m. and 8:00 p.m. EST seven days a week, to contact customer service, to report any problems and to inquire about international rates, fees, surcharges, access numbers, and country codes.

The Entire Terms and Conditions include the following:

User Conduct

You are solely responsible for the transmission of information when you access Qpay Unlimited Services and should make every effort to safeguard your access and assigned PIN number. You must notify Qpay Inc immediately upon becoming aware of any unauthorized use of your PIN. Qpay is not responsible for unauthorized use or access to your account information.

By using this Card/PIN, the user accepts the following:

 

  • Local charges may apply for the calls made to the local US and Mexico numbers provided.
  • Local number availability in Mexico and Poland may vary and is subject to change.
  • This plan is valid for 60 unlimited calls to Mexico, and Poland or 30 days, whichever occurs first from date of first activation.
  • This service will work from any phone, except payphones, so long as it is registered per the instructions printed on the card.
  • Cards/PINS will not expire.
  • All account information will be deleted after 6 months of inactivity.
  • This service is intended for personal use only; Should QPAY or its affiliates reasonably suspect fraudulent, abusive or illegal use of your Calling Card/PIN, QPAY may, among other things, suspend, restrict or terminate your Card/PIN without notice.
  • QPAY reserves the right to deactivate your Calling Card/PIN without further notice to you should these terms be violated.
  • Service is non-refundable.
  • Qpay Unlimited services uses underlying carrier (s) for the provisioning of their prepaid calling services and resells those services to customers of this product. Calling rates, billing increments, fees, taxes, and other charges are subject to change any time, without notice. Qpay Unlimited services will not be responsible or liable for any change in calling rates, billing increments, fees, taxes, and other charges.

Disclaimer

Qpay Inc. is not a telecommunications provider. Qpay Inc. solely operates as a distributor of discount calling services as well as other pre-paid products. Qpay Inc. services are based on calling local numbers. However, we cannot guarantee that by using the local numbers we provide to you will not incur additional fees that your telephone service provider may impose. Additionally, when using land based phones your telephone service provider may also impose additional fees.

Qpay Inc services provide 60 connections with unlimited talk times. However, the 60 connections are based on a one minute duration for communicating to your calling party - The call will be terminated after 60 seconds. This 60 seconds is for informing your party that they must call you back on the local number that you were provided while you wait for call back on the line. If you reach your parties voicemail you will have 60 seconds to leave a message, and your account will be deducted 1 call from the sixty allotted. Please be aware that once a call is connected Qpay inc. cannot be held responsible in the event the call is lost or dropped for any reason.

Representations and Warranties

You represent that all information provided by you in connection with your use of the service is accurate and current. The service is provided to you “as is”. Qpay Unlimited services makes no representations or warranties of any kind whatsoever, express or implied, in connection with this agreement including available number of minutes to a particular country or remaining number of minutes to a particular country. Any marketing material, rate table, or voice prompts that refer to such information do not account for the charges, fees, rates, assessments, and incremental billing described above.

Limitation of Liability and Warranties

You acknowledge and agree that Qpay Unlimited services will not be liable under any circumstances, for any indirect, special, incidental or consequential damages of any kind or for any failure of performance due to causes beyond its control, including, but not limited to, Acts of God, fires, floods or other catastrophes, national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties, preemption of existing services in compliance with any law, order, regulation or other action of any governing authority or agency thereof.

No Warranties

This service , including any content or information contained within it is provided “As is” and “As available” with no technical support or representations or warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, system integration, title and non-infringement. In particular, but without limitation, Qpay Unlimited services does not warrant that the service will be uninterrupted or error free, that defects will be corrected, or that the server that makes the services available is free of viruses or other harmful components. Qpay Unlimited services do not WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS PRODUCT, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THERE SERVICES.

Indemnification

You must first present any claim or dispute to us through a Customer Service Representative trouble Ticket. If the dispute cannot be resolved with Customer Service you may present your claim in writing at the address contained on your receipt, to allow an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved in 60 days. The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association. Any arbitration will take place in Miami-Dade, Florida. An arbitrator may not award relief in excess of or contrary to what this Agreement provides, order consolidation, or class arbitration, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant o an applicable consumer protection statute. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

Arbitration Expense

All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation.

Waiver of Punitive Damage Claims and Class Actions

By this Agreement you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

Privacy

We are not liable for any lack of privacy you may experience while using the Service. We have the right to intercept and disclose any transmissions over our facilities and to provide subscriber billing and call records and related information under certain circumstances (for example, in response to lawful process, warrants subpoenas or to protect our rights or property).

Assignment

We may assign all or part of this Agreement without such assignment being considered change to the Agreement and without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written approval.

Governing Laws

This Agreement shall be governed by, enforced and construed in accordance with the laws of the State of Florida.

Entire Agreement

These general Terms and Conditions represent the entire agreement between you and us and supersede all prior offers, contracts, agreements and representations. This agreement supersedes all promises made to you by our client services agents, representatives or employees. If any part of this Agreement is found invalid, the balance remains enforceable.