These Terms of Service or Terms and Conditions (“Terms of Service”, “Terms and Conditions”) constitute your agreement with Clear Call LLC and its parent, subsidiary and affiliated entities (“Clear Call LLC” or “We“) with respect to accessing prepaid calling services through the Clear Call LLC PrePaid Phone Calling Card Service (“Clear Call LLC Phone Card“). By using the Clear Call LLC Phone Card to make calls, you agree to these Terms And Conditions or Terms of Services. All information linked to these Terms of Service is part of it.
Introduction
The Clear Call LLC Phone Card can be used to place prepaid outbound voice calls from within the United States or Canada from a touch tone land line or mobile phone or even Pay Phone. To get started, visit clearcallwy.com and follow the instructions there to create a new Phone Card account, register your land line or mobile phone, and purchase credits using your credit/debit card or by PayPal. Once you have completed registration and your registration has been validated, you will receive the details of your account by email (Customer ID number and Account (PIN) number).
Charges
To place calls with Phone Card, you must first fund your account by purchasing credits with your credit/debit card or PayPal in accordance with the instructions found at customers web portal after login to your account. Calling credit will be added to your account after deducting any payment processing fees of your purchase and after it has been verified and confirmed.
If you are using PayPal as your payment method, this will appear on your statement as “PayPal * DBA name”
When you use your Phone Card to place calls, your account balance will be charged based on the specific then-applicable rates. Rates differ according to destination called. All rates and destinations are subject to change without notice.
Calls are billed (and your account will be charged) in (Block of minutes) and each block has and include three (3) minutes increments with partial block of minutes used rounded up to the next full block of minutes.
When you use your Phone Card to place calls via your mobile phone over 3G/4G, you will use airtime minutes except if you are using your Phone Card through our Toll Free number or through the internet by using the SIP account feature which may include with your Phone Card account features and you may incur additional fees and surcharges, in accordance with your mobile calling plan. Any such fees and surcharges will be in addition to the amounts charged to your Phone Card account. For more information about these charges, you should check with your mobile carrier.
Inactivity Charge
We may deduct a per month inactivity charge on all Phone Card accounts after three (3) consecutive months of inactivity until the balance reaches zero. Your Phone Card purchases do not expire, but if your card is not used for three months, an Inactivity Fee of $3 is deducted from your calling card balance each month you do not make a call per the Terms of Service. This policy is subject to change without notice.
Monthly Subscription service(s) purchase and activation
We may need to charge you additional setup fee as one time payment if it required with some advanced packages plans setup and if we need to do so, we will let you know and we will list this setup fee in the invoice.
We will credit your calling card account balance with the monthly subscription as soon as we receive it between the 1st and the 5th of every month and you must keep this balance on your account till the 5th of the month.
The system will actually charge your account balance for the monthly subscription on the 5th of every month and the service will be renewed on the same date on every month.
If you exceed your package limit, so, the system will charge your account balance and so the amount that was credited to your account will be charged and so it will lower than the required amount to renew your package and so, the system will not be able to renew the service and will send to you a reminder email and you have to make another payment with the required amount to bring your account balance to the required amount for your account package renewal as it was as we credited to you before the system charges it for the extra amount of minutes which exceed your package limit.
If you did not made a payment to correct your account balance before the 5th of the month, the system will not be able to charge your account balance for the renewal of the service and so, it will suspends your account due to insufficient balance and a reminder email will be send to you.
If you did not make any payment on your account to cover the monthly subscription, we will suspend the account and terminate the subscription.
Notes for all the items with monthly subscription:-
The item price will be prorated to the end of the month on which you purchase the item and starting from the 1st of the next month as the new billing cycle starts, you will be charged the whole price of the item.
The bundle of minutes for this package will be prorated as well, starting from the day of purchase of the item till the 4th of the next month on which the current service cycle will be ended and the remaining number (amount) of minutes if any will expire and will not be carried over to the next month as on the 5th of the month, the service will be renewed and you will get the whole amount of bundle minutes for the renewed month usage.
The prorated number of minutes from your current bundle will appear on your account as used number of minutes and the rest number of minutes will be available to be used till the end of the current service cycle.
The billing cycle starts on the 1st of every month till the end of the month and the service will be renewed on the 5th of every month on which you will get the new bundle of minutes till the 4th of the next month.
Payment must be done between the 1st and the 3rd of the month, in order to continue using the service for the next month, otherwise the system will suspend your account and your account will be terminated then after.
All monthly subscriptions are billed (charged) between the 1st and the 3rd of every month and the service is been renewed on the 5th of the same month and ended on the 4th of the next month.
Service Cancellation
Regarding service cancellation, either requested from customer side or due to our decision to perform service cancellation due to any customer violations, service will be cancelled immediately up on decision taken and no refund will be issued unless we state otherwise.
Also, for any service(s) that are running as monthly subscription, billing agreement will be terminated by the end of the current billing cycle but the provided service(s) will be stopped immediately once the cancellation decision is taken.
Return/Refund
We accept return and/or refund with the following terms.
The service is not running or the customer will not be able to use the service.
The customer must contact us with in 5 working days of the purchase (order) date and request the return or refund through our toll free number (+1) 888-582-6840 or through the contact us form on our online store or by sending an email to sales@clearcallwy.com .
The customer must inform us the reason of the return or refund request and the reason must be reasonable and accepted by us.
In case we accept the return and/or refund, we will process the request with in 7 working days.
If the customer request a shipping of physical calling card, then the physical card must be shipped back to us before we can start process the return and/or refund request and customer must pay the shipping cost for returning the physical card to us and it must be return as purchased including all the shipped accessories and any other materials if were included in the original shipment.
We will refund only the remaining card balance if it was used from the customer side and we will charge 12% as refunding fees for the amount of the remaining balance.
We will not be able to process refund for any remaining balance lower than 50% of the original purchased balance including the refunding charge.
We offer refunding to the customer wallet (store credit) on our online store and the wallet balance can be used for future purchases or we can refund to the original payment method that was used to place the order.
We will notify you if there will be refund or cancellation fees according to your purchased product(s) and/or your payment method before we accept and start the processing of your request.
Customer Service
Please call the number(s) listed on the activation email you received when activate your Phone Card for customer service. For more information on our customer service, please review the “Contact us” section of our web site clearcallwy.com. We assume no obligation to provide support services for any third party products or services, or for problems with our service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.
Fraudulent Use
If Clear Call LLC reasonably suspects fraudulent, illegal or other use in violation of these Terms of Service your Phone Card, may be suspended or terminated without notice. Phone Cards and any credits applied to such cards are not refundable or exchangeable unless defective.
Unauthorized Use/Stolen Phone Card or Account Information
You are responsible for all charges to your account. If your Phone Card, PIN number or account information is stolen or if you become aware of unauthorized use of your Phone Card, PIN number or account, you must notify us immediately to suspend the Phone Card account. You are responsible for all charges to your account until the Phone Card is suspended. Fees of $5 may be applied in some cases in order to reissue or renew or changing your Phone Card account and releasing a new one.
Online and offline orders verification
We will check, verify and apply fraud measuring and filtering rules to all orders that we received through our online store or offline orders that we received by email, SMS and/or phone.
During verification process, we will call you and verify the order details with you as well as conduct other verification steps to verify your identity and the credit or debit card provided.
In some cases and at our absolute decision, we reserve the rights to verify your identity with your bank through a conference call which will include you, us and your bank in order to be sure and verify that you are the real card holder and to prevent any fraud activity.
At our absolute decision, we reserve the rights to refund your order, If we can’t reach you or can’t verify your order with in maximum 2 working days, we will issue a refund for this order that does not pass the verification process and we will apply 12% as refund charges that will be deducted from the whole amount of the refunded order and then issue a refund for the remaining amount of the order.
Your Phone and Other Third Party Services
Using the Phone Card requires your access to and use of services provided by third parties, including but not limited to phone operators (each a “Provider”). Your use of a Provider product may be subject to the Providers terms and conditions as well as their rates and charges. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms of Service to the extent they are applicable.
No Warranties
The Phone Card is provided “AS IS.” We do not make any express warranty regarding the Phone Card and disclaims any implied warranty, including any warranty of merchant ability, satisfactory quality, or fitness for a particular purpose.
Right to Discontinue, Suspend and Interrupt Service.
Clear Call LLC is entitled, without any liability, to suspend or discontinue service generally, or to disconnect your service, at any time. In addition, We reserve the right to immediately disconnect your service at any time without notice. For a non-exhaustive list of instances where we may disconnect your service without notice.
- Threatening
- Abusive
- Harassing
- Defamatory
- Libelous
- Deceptive
- Fraudulent
- Invasive of another’s privacy or any similar behavior
- Continuous or excessive call forwarding or conferencing
- Inbound/outbound centralized or distributed call center activity
- Telemarketing (including charitable or political solicitation or polling)
- Fax or voice mail broadcasting
- Fax or voice mail blasting
- Continuous or excessive chat line access
- Use of an open telephone line as a monitor, intercom or transcription service
- Impersonate another person
- Send bulk unsolicited messages
- use robots, data mining techniques, or other automated devices or programs to catalog, download, store, or otherwise reproduce or distribute information from our service or use any automated means to manipulate our service
- Use our service to violate any law, rule, or regulation
- Violate any third party’s intellectual property or personal rights
- Exceed your permitted access to our service
- Auto dialing or high mass repeated dialing attempts with in short time as may be but not limited to 30 calls attempts for 3 minutes or less.
- In addition, Clear Call LLC is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Phone Card services or any part thereof, without any notice to you for repair, improvement, and/or upgrade. In addition, we may prevent, at any time, in our sole discretion and without advance notice, use of the Phone Card for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities, unlawful use, or misuse of service promotions or campaigns (including but not limited to the use of such promotions or campaigns in a fraudulent or abusive manner of for such purpose).
Limitation of Liability
Clear Call LLC is not liable for acts or omissions of another Provider, for information provided by you, equipment failure or modification, or causes beyond Clear Call LLC’s reasonable control. Clear Call LLC is not liable for service outages nor for service limitations or interruptions. Clear Call LLC is not liable for any accidents or incidents which result from the use of the Phone Card by you or any other person. Clear Call LLC ‘s liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed the fees paid to Clear Call LLC during the affected period. Clear Call LLC and any underlying Provider are not liable for any incidental, punitive or consequential damages such as lost profits. This paragraph shall survive termination of the Terms of Service.
Indemnity
You agree to indemnify and hold Clear Call LLC, any Provider and their respective subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including without limitation attorneys’ fees, made by any third party due to or arising out of your (a) use of the Phone Card; (b) violation of the Terms of Service, or (c) violation of the rights of any third-party.You agree to indemnify and hold Clear Call LLC, any Provider and their respective subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including without limitation attorneys’ fees, made by any third party due to or arising out of your (a) use of the Phone Card; (b) violation of the Terms of Service, or (c) violation of the rights of any third-party.
Governing Law
These Terms of Service are applicable for service initiated in the United States of America and mobile services worldwide. For US based customers, the law of the state of your residence will govern this agreement as well as the relationship between you and us, except to the extent such law is preempted by or inconsistent with applicable federal law. For users of Clear Call LLC applications outside the United States, the laws of the State of New York will and/or United Kingdom, London, England and Wales govern your use of our Service under this agreement as well as the relationship between you and us, except to the extent such law is preempted or inconsistent with applicable local law. Because this agreement is a transaction in interstate commerce, the Federal Arbitration Act (“FAA”), and not state arbitration law, shall govern the interpretation and enforcement of the arbitration provision herein.
No Waiver of Rights
Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. Clear Call LLC reserves all of its rights at law and equity to proceed against anyone who uses its services or device illegally or improperly. All determinations by Clear Call LLC under these Terms of Service and exercise of its rights are made and done in our sole and absolute discretion.Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. Clear Call LLC reserves all of its rights at law and equity to proceed against anyone who uses its services or device illegally or improperly. All determinations by Clear Call LLC under these Terms of Service and exercise of its rights are made and done in our sole and absolute discretion.
Survival
The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive. The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive.
DISPUTE RESOLUTION AND BINDING ARBITRATION.
PLEASE READ THIS CAREFULLY, IT AFFECTS YOUR RIGHTS
It is important that you read this entire section carefully. This section provides for mandatory resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Any arbitration under this agreement will take place on an individual basis; class arbitration and class actions are not permitted.
Arbitration
Clear Call LLC and you agree to arbitrate any and all disputes and claims between you and Clear Call LLC. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to:
Disputes and claims arising out of or relating to any aspect of the relationship between you and Clear Call LLC, whether based in agreement, tort, statute, fraud, misrepresentation or any other legal theory.
Disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising). Disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising).
Disputes and claims that may arise after the termination of this agreement.
Disputes and claims that are currently the subject of individual litigation.
Disputes and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class and disputes and claims concerning the scope of this arbitration provision.
References to “Clear Call LLC,” “us” and “you” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under these Terms of Service or any prior agreements between you and Clear Call LLC.
Informal Resolution of Disputes
Our Customer Care Department can resolve most customer concerns quickly and to the customer’s satisfaction. If you have a dispute or claim against us, you should first contact the Clear Call LLC Customer Care Department by telephone at 1-877-312-3534 or by email at Contact US page through our website clearcallwy.com. In the event your dispute or claim is not resolved to your satisfaction, you may seek to have that dispute or claim resolved through mandatory arbitration as set forth below.
Formal Notice of Disputes
A party who intends to seek arbitration must first send to the other party a written Notice of Dispute.
A Notice of Dispute to Clear Call LLC must be sent to Clear Call LLC:
by certified mail addressed to:
Clear Call LLC
Attn: Chief Legal Officer
680 S Cache Street
Suite 100-12679
Jackson, Wyoming, 83001
or by email addressed to billing@clearcallwy.com.
A Notice of Dispute to you must be sent to you
by certified mail or overnight express delivery with verification at the last mailing address that you registered with Clear Call LLC.
or by email addressed to you at the last email address you registered with Clear Call LLC.
The Notice of Dispute must
Describe the nature and basis of the dispute or claim.
And set forth the specific relief sought.
Changes to These Terms of Use
We may change the terms and conditions of this agreement from time to time. By using our Clear Call LLC Phone Card service or any other services provided by us, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning Clear Call LLC, including changes to this agreement. We may give you notice of a change by posting the change on the home page of clearcallwy.com, on your account web page or monthly bill, in a newsletter, by e-mail, on the relevant web page of the applicable service, or by other permitted communication. Such notices will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted, and we are not required to give you further notice in order for you to continue using our service. By continuing to use the service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your service immediately. When posted, this agreement supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of your device. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of Clear Call LLC services. If you continue to use our service, we will consider this your acceptance of any changes.
Entire Agreement
These Terms of Service or Terms and Conditions represent the entire agreement between you and us and supersedes all prior offers, contracts, agreements and representations. The Terms of Service supersede all promises made to you by our client services agents, representatives or employees. If any part of the Terms of Service is found invalid, the remainder remains enforceable.