Terms of Use

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1. Terms and conditions

dialAnywhere [www.dialanywhere.com] terms of service constitute your agreement with dialAnywhere Services.

2. Acceptance of terms

By accessing the web site www.dialanywhere.com and such other sites that are operated by dialAnywhere from time to time (the Site) or using dialAnywhere services you agree to be bound by these terms of service including dialAnywhere privacy policy provided at the Site (the Privacy Policy), and any additional terms on the Site (together Terms of Service). If you do not agree to the Terms, you may not activate or use the dialAnywhere Services. dialAnywhere may without notice renew, modify or amend the Terms of Service from time to time. If you continue to use the Services, you accept such revisions. You, agree that you are responsible for paying the charges to use the Services, or if you are under 18, that you have permission to use the Services from the adult responsible for paying the charges. You may only register your own private telephone number to use the Services (e.g., public, hotel, office, hostel numbers are not permissible).
If you are residing in a jurisdiction where it is prohibited by law to offer or use Internet telephony or the dialAnywhere Services, you may not enter into this agreement. We are not responsible for any charges you incur in using your phone to access the Service, including charges billed to you by your mobile phone or other communications provider, and we will not reimburse you for any such charges. Charges we are not responsible for include but are not limited to, toll charges in connecting to the relevant dialAnywhere charges from your mobile or other phone provider for per-minute charges and any roaming fees that may apply from your mobile phone provider.
You acknowledge that dialAnywhere are the property of dialAnywhere and may not be ported out. Furthermore, you acknowledge and agree that any phone number(s) provided to you by dialAnywhere are shared by multiple end-users.
You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the dialAnywhere Services, as well as any additional information provided or any amendments made by you. As part of signing up on the Site you will be provided with a PIN code required for access to the dialAnywhere Services. You are responsible for all actions that take place as a result of access to or use of the dialAnywhere Services via your PIN and/or via your mobile phone (Device) independently of whether the access was made by yourself or by a third party using your PIN and/or Device.
If a phone you use to access the Services is lost or stolen, or if it is being used to access your Account or the Services without your permission, you are required to notify us immediately. You are responsible for all charges to your Account until we are able to suspend the Services.
The Services are not designed for the transmission of emergency calls, such as calls to 999 and other emergency numbers. You, or any person using your Account, are responsible for dialing the relevant emergency number directly from your phone line not using our Services.

3. Billing, rates and charges

Usage of dialAnywhere services will be charged according to the current price list as made available on the Site. Changes to our pricing shall become effective immediately upon posting to the Site. dialAnywhere reserves the right to change the rates and charges for the Services and offer special promotions from time to time without providing advance notice.
Unless stated otherwise, all rates and charges shall be stated in the local currency you are browsing our site from. All rates are inclusive of VAT and other applicable taxes in relation with the service provided. Cost of call calculation will be based on the length of the call rounded up to the next nearest full minute (e.g., a call which lasts 1 minute, 25 seconds will be charged as a 2 minute call). Timing on calls begins when the call is answered by the called party, including a voicemail or automatic reply. Timing terminates on calls when the calling party hangs up or dialAnywhere network receives an "on-hook" signal from the terminating carrier.
Payment for dialAnywhere services is billed on a pre-pay basis. You agree that our services will not be provisioned until sufficient pre-payment has been made, and that service may be terminated immediately if sufficient pre-payment has not been made. It is your ongoing responsibility to ensure that your account maintains the necessary balance to provision the service.
You will also pay any additional charges you incur if you connect to the Services through a phone number provided by dialAnywhere while you are in a country that is not the country associated with your fixed net or mobile phone Provider (Roaming Charges). Roaming Charges are charged in addition to any charges you may incur when connecting to the dialAnywhere Services from another country.
dialAnywhere reserves the right to deny repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement.
You are responsible for reviewing your monthly statements or billing information, as the case may be. You must notify us of any disputed charges within thirty (30) days of the charge being posted to your Account.
You agree that dialAnywhere can expire any credit that remains unused for a rolling period of 365 days (if you do not make a call for 365 days the credit will expire). Such expiration renders the balance non-refundable.

4. Usage

You agree that dialAnywhererecords are conclusive evidence of your use of the site and service. Furthermore, you acknowledge that these records will be used to calculate charges incurred.
You agree to be held fully responsible for all use of and fees related to your account, and accept full liability and responsibility for the actions of anyone who uses the site or service via your account, whether authorised or unauthorised, except when unauthorised use is solely attributed to an act or omission on the part of dialAnywhere.
You agree that dialAnywhere should not be and is not responsible for any third party claims against us that arise from your use of the Service. Further, you agree to reimburse us for all of our costs and expenses related to the defence of any such claims, including legal fees, unless such claims are based on our wilful misconduct or gross negligence.
You must notify dialAnywhere within thirty (30) days of the date on your credit card or debit card statement if you dispute any charges on that statement or such dispute will be deemed waived.

5. Unlimited plans - fair usage policy

Unlimited calling for dialAnywhere Unlimited Plansprovide customers with unlimited minutes of calling time per billing period and is intended only for Normal Non-Commercial Use. Using the Unlimited Plans for calling other than Normal Non-Commercial Use is prohibited. Each billing period begins on the day you sign up and submit full payment (including applicable taxes, fees, surcharges and other charges) for the plan. Per-minute charges, as posted on the Website, shall apply to all calling after a billing period ends, to all calling to destinations that are not covered by dialAnywhere Unlimited Plans, and to all calling that is determined, in dialAnywhere sole discretion, to be outside of Normal Non-Commercial Use. Unlimited Plans do not automatically renew at the end of a billing period unless the customer opts-in to a subscription plan.
Use that is outside of Normal Non-Commercial Use may include, operating a business (including home-based businesses, non-profit businesses or any other commercial endeavor), operating a call center, telemarketing, resale to others, simultaneous use of the Service from more than one location, or engaging in activities that generate minutes that result in revenue-sharing. Use of the Unlimited Plans for any unlawful, abusive or fraudulent purpose (as described in the Agreement) is always prohibited, regardless of whether the use is outside of Normal Non-Commercial Use.
To determine whether your usage is outside of Normal Non-Commercial Use, dialAnywhere may evaluate your use of the Unlimited Plans for any unusual usage patterns. This may include evaluating your aggregate usage within a billing period. Your use of Unlimited Plans will be considered outside of Normal Non-Commercial Use if: (1) your aggregate usage reaches 3,000 minutes within the stated validity of the bundle; (2) we discover that you are actually using the Service for uses that are typically considered outside of Normal Non-Commercial Use; or (3) there is a combination of aggregate usage within the stated validity of the bundle beyond 3000 minutes and unusual usage patterns typically indicative of use that is outside of Normal Non-Commercial Use.
We do not monitor telephone conversations in order to enforce this Service Guide. However, we will routinely monitor the activity of individual accounts and we reserve the right to review and investigate your Account if we have reason to believe that your usage is outside of Normal Non-Commercial Use or you otherwise violate this Service Guide. If we reasonably determine, we are authorized by the Agreement, including immediately suspending, restricting, or cancelling your Account, with or without notice, to prevent abuse of the Service and to enforce this Service Guide and its policies. We may also bill you for per-minute charges applicable to all usage which is outside of Normal Non-Commercial Use. We shall not have any liability for any responsive actions, even if no notice is given. We also reserve any other legal rights we might have.
Unlimited Plans do not apply to international calls to satellite phones, special services numbers, including foreign toll-free numbers and caller-paid information services, including 900-type numbers, and calls to chat lines, except as listed above, and all such calls shall be billed to you on a per-minute basis.
The failure of dialAnywhere to enforce this Service Guide and its reasonable use policies, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Service Guide is held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible, and the remaining portions shall remain in full force and effect. dialAnywhere reserves the right to change this Service Guide at any time. Changes shall become effective when a revised Service Guide is posted to the Website.

6. Indemnity and liability

You agree, at your sole cost and expense, to fully defend, indemnify and hold harmless dialAnywhere, its parent, affiliates, subsidiaries, shareholders, directors, officers, employees, and agents from and against any and all claims, causes of action, actions, judgments, liabilities and/or damages (including without limitation reasonable expenses and reasonable attorney's fees) arising out of or in connection with (i) your use of the Services, (ii) your Account (including the use of your Account by a third party) and (iii) this Agreement.
You are expressly prohibited from using the Service or Equipment for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide the Service to you or other customers or avoids your obligation to pay for communications services.
dialAnywhere, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions, or if you act in a manner that is threatening, obscene, harassing, or abusive to dialAnywhere personnel.
You are liable for any and all use of the Service by any person using the Service provided to you and agree to indemnify and hold harmless dialAnywhere against any and all liability for any such use. If dialAnywhere, in its sole discretion, believes that you have violated the aforementioned restrictions, dialAnywhere may forward personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
You are expressly prohibited from any use of the Service or any other action that, in dialAnywhere sole discretion, is deemed to present a risk to the network integrity or security of dialAnywhere or its vendors, whether directly or indirectly. dialAnywhere, in its sole discretion, may terminate your Service without advance notice if it determines your actions could cause a network disruption or security breach.

7. Terms of and changes to this agreement

The terms of this agreement shall come into effect immediately upon appearing on the dialAnywhere website. dialAnywhere may terminate this agreement at any time for any breach of these terms or any applicable policy as posted on the dialAnywhere website. No reimbursement for any fees charged in connection with dialAnywhere services shall be issued for such a termination.
Any provision of this agreement relating to term, payment, liability, indemnification, governing law, or confidentiality shall survive termination or expiration.

8. Discretion

dialAnywhere Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. dialAnywhere is not liable for any lack of privacy which may be experienced with regard to the Service. In addition, dialAnywhere will provide personally identifiable customer and call detail information in response to lawful government requests, subpoenas, and court orders, as well as law enforcement requests. Please refer to our Privacy Policy applicable to you on the dialAnywhere web-site for additional information.

9. Notification

dialAnywhere primarily communicates with users of the Service via email. Email from dialAnywhere is used to communicate important information about the Service, including billing and changes to the Service, much of which is time-sensitive. dialAnywhere reserve the right to withdraw any service offered by the company immediately without prior warning or notice. You acknowledge that email from dialAnywhere constitutes official notice from dialAnywhere and that you are required to read in a timely manner all email messages sent to the email address specified by you at the time of registration for the Service in order to avoid any potential disruption of the Service. You also acknowledge that you are responsible for keeping your dialAnywhere account email address up to date.

10. Miscellaneous

dialAnywhere will not be responsible to you for any delay, failure in performance, loss, or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.
We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Service without our prior written consent.

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