CUSTOMER SERVICE AGREEMENT
FOR SINOCALLING PHONE SERVICE
Highlights:
(1) Customer can use Sinocalling without changing
long distance carrier
(2) Sinocalling is a prepaid service and does
not offer refunds
(3) Privacy Policy
(4) Rates are subject to change
This Customer Service Agreement (the “Agreement”)
governs all the terms and conditions associated
with your use of the services offered by
or through Sinocalling.com Corporation (“Sinocalling”).
1. Services
Provided.
Sinocalling
offers you, among other things, the ability
to make local toll, domestic long distance
and international telephone calls using
touch-tone telephones by dialing various
access numbers made available on its Website
www.Sinocalling.com (the “Website”),
entering a Personal Identification Number
(“PIN”) provided to you by Sinocalling
and dialing the called party. These services
are provided on a pre-paid basis only and
do not require you to change your current
telephone service provider(s) in order to
use the services. A complete list of Sinocalling
services can be found on the Website. Sinocalling
is not responsible for reimbursements for
calls made with another service while Sinocalling
is temporarily unavailable.
2. Credit References
Sinocalling may refuse to provide service
if your credit is not deemed satisfactory
which determination shall be made at Sinocalling’s
sole discretion.
3. Access Numbers.
To access Sinocalling’s telephone
services, you must dial either a toll free
(e.g., 800-xxx-xxxx) number or, where available,
a local access number (provided on the Website).
After dialing an access number you must
enter your PIN, unless PINless is enabled
and compatible with your origination number,
and then the destination telephone number,
Before you use any local access number,
check with your local telephone service
provider to ensure that no toll charges
are associated with calls to that local
access number. Sinocalling will not reimburse
the customer for any extra charges assessed
by your local phone company as a result
of dialing one of Sinocalling’s access
numbers.
4. Payment.
Sinocalling’S SERVICES ARE PROVIDED
ON A PREPAID BASIS ONLY. As you use Sinocalling’s
services, your Account will be debited accordingly.
No phone services will be provided if your
Account does not have a sufficient balance
to cover the cost of the service.
5. Recharging Account.
In the event you want to use services in
an amount which exceeds the remaining balance
in your Account, you may access the Website
and recharge your Account by purchasing
additional service in non-refundable, preset
dollar values (e.g., $20, $30, $50). Sinocalling
will send you an electronic confirmation
of any such recharge.
6. Rates.
Sinocalling’s rates are listed on
its Website and are incorporated by reference
herein. You are responsible for checking
all applicable rates/promotions before making
any call using Sinocalling’s services.
Please note that the rates for calls to
certain numbers (e.g., mobile/special service
numbers) can be higher than rates for calls
to other numbers within the same country.
Sinocalling reserves the right, at its sole
discretion, to modify those rates at any
time and/or to offer special promotions.
Rates are based on country code and city
code, not country name. Sinocalling.com's
rate structure is clearly outlined in the
RATES section of the Sinocalling.com homepage.
While Sinocalling.com endeavors to maintain
rates that are competitive in the market,
Sinocalling.com does not guarantee that
its rates will change in any predictable
fashion. In addition, though it is not the
intent of Sinocalling.com to raise its rates
at any point in the future, should market
conditions or factors outside of Sinocalling.com's
control cause its costs or wholesale rates
to some or all destinations to go up, Sinocalling.com
reserves the right to adjust its rates accordingly.
7. Surcharges.
There is a 69-cent surcharge typically assessed
from the following locations: (1) Payphones,
(2) Hotels, (3) Dormitories, (4) Hospitals,
and (5) Other commercial phone lines.
8. Rate Changes.
Sinocalling reserves the right, at its sole
discretion, to modify its rates and its
surcharges. Sinocalling is not obligated
to credit back any unused balance in your
Account so Sinocalling strongly suggests
that the customer use up the remaining balance
before terminating the Account.
9. Billing Information.
Sinocalling does not send any invoices to
its customers. Instead, you have confidential
access to your billing information - for
the current month and the prior three months
only - on the Website under “My Account”
24 hours a day/ 7 days a week. The customer
is responsible for printing out their monthly
statements, and Sinocalling will not provide
monthly billings beyond what is available
online.
10. Billing Disputes.
You must notify Sinocalling by e-mail of
any disputed charges within thirty (30)
days of the charge being posted to your
Account. Sinocalling will attempt to resolve
all disputes within thirty (30) days of
being notified of a dispute. To the extent
Sinocalling determines, at its sole discretion,
that a billing adjustment is warranted,
your Account will be credited accordingly.
If you fail to notify Sinocalling of a billing
dispute as noted above, you will waive all
rights to bring any claim regarding the
dispute.
11. International Calls.
Although the quality of international telephone
calls has improved greatly in recent years,
calls to certain countries outside the United
States can be interrupted as a result of
service/network issues in those countries.
Sinocalling will attempt to identify any
such issues, with the cooperation of the
customer. All necessary information must
be provided including date, time, origination
number and destination number. However,
Sinocalling WILL NOT REFUND ANY CHARGES
FOR SUCH INTERRUPTED CALLS.
12. Cancellation.
You may discontinue
service at any time upon notice (either
electronic or written) to Sinocalling. We
will then shut down access to your account.
You will not be entitled to any refund of
the unused balance in your prepaid Account
as of the date you discontinue service.
13.
Customer Service.
If you have questions, concerns or complaints
about your Service, you may contact Sinocalling’s
Customer Service Department 24 hours a day,
7 days a week by e-mail at support@Sinocalling.com.
14. Limitation of Liability.
Sinocalling 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. Sinocalling 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 Sinocalling HAS BEEN SPECIFICALLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Sinocalling IS NOT LIABLE UNDER ANY CIRCUMSTANCES
FOR DAMAGES ARISING OUT OR RELATED IN ANY
WAY TO YOUR INABILITY TO ACCESS, OR YOUR
DIFFICULTY IN ACCESSING, ITS SERVICE THROUGH
TOLL OR LOCAL ACCESS NUMBERS. Sinocalling
IS NOT LIABLE FOR ANY TOLL CHARGES YOU MAY
INCUR IN USING A LOCAL ACCESS NUMBER.
15. Governing Law.
This Agreement, and all modifications/amendments
thereto, shall be governed by the law of
the State of California.
16. Privacy Policy.
To learn about how Sinocalling protects
your personal information, refer to Sinocalling’s
Privacy Policy on the Website.
17. Use.
You agree to use Sinocalling’s service
in a lawful manner which is consistent with
the terms and conditions of this Agreement
and all applicable federal, state and local
laws and/or regulations. Sinocalling reserves
the right to immediately, and without notice,
terminate, or otherwise discontinue, your
Account and PIN in the event it determines
that you have violated any such term, condition,
law and/or regulation.
18. Recommendation.
We
recommend that you Cancel Your International
Long Distance Calling Plan. Charges
by wireless and land-based phone service
providers for overseas long distance calls
can be unreasonably high. Sinocalling can
take no responsibility for the calls go
through your long distance plan without
using our phone card, or fail to use our
phone card properly.