Terms of use and Terms of Service - Unlimited Plans

General

From time to time, Global Telelinks offers special or different terms and conditions for Global Telelinks services sponsored or co-branded by Global Telelinks business partners. By subscribing to Global Telelinks service under these special service offers, the terms of service for such special service offers shall apply and supersede these TOS.

Global Telelinks offers you the option to select rate plans with or without a minimum term commitment or "agreement." Starting on the date of your order or the date your payment is processed, whichever is later ("Order Date"), your payment method will be charged monthly (or annually, for the annual pre-paid plan) in advance for all service plan charges, fees, taxes and surcharges. The e911 service is not covered in this plan. For calls that are not included in your selected service plan or that exceeds any plan limitations including those set forth in the Reasonable Fair Use Policy. Your excess payment if any will be used for all future credits/debits made to your account.

Cancellation is effective on the date you contact Global Telelinks to cancel your service or as of a future date designated by you or us, provided we can support future cancellation of service requests as of that future date. Paid charges are not subject to refund. If you cancel your service before the end of your billing cycle, there are no pro-rated refunds. Early Termination Fees ("ETFs") may also apply if you cancel your service. See Section 6(D). Charges for any overages, payphone calls to Global Telelinks toll free numbers, out-of-plan international calls, international call forwarding or any other features and services outside your plan are separately billed and charged to your payment method after cancellation. See Sections 6(D) and 6(F).

A high quality data plan is needed in your mobiles for the WhizXpress service to work with good quality. The minimum recommended data should be 3G, 4G of Mobile data or a good quality Wi-Fi at any fixed location for WhizXpress to work.

Unlimited calling and other services are subject to normal use complying to Global Telelinks Fair Usage Terms. See Section 5(D) and the Reasonable  Fair Use Policy found on our website at www.whizxpress.com. Under the unlimited plans.

1.     AGREEMENT

These Terms of Service ("Terms of Service" or "TOS") constitute the agreement between Global Telelinks GmbH and its parent, subsidiary and affiliated entities ("Global Telelinks") and the user of Global Telelinks communications services and any related products or services. This agreement governs both our service and any Global Telelinks-approved or Global Telelinks-branded devices used with our service. It applies to all lines on each Global Telelinks account. Global Telelinks is sometimes referred to as "we,""us," "our," or "Global Telelinks" and the user is sometimes referred to as "you," "your," "user," or "customer".

By subscribing to or using our service, including those services, features or functionality provided by means of mobile applications, you agree to these Terms of Service. All information linked to these Terms of Service is part of it. However, from time to time, Global Telelinks offers special or different terms and conditions for Global Telelinks services sponsored or co-branded by Global Telelinks business partners. By subscribing to Global Telelinks service under these special offers, the terms of service for such special offers shall apply and supersede these Terms of Service. Notwithstanding anything to the contrary set forth herein, if your Global Telelinks account is governed by a different terms of service in connection with a Global Telelinks co-branded service offer, then any additional lines or features you add to your Global Telelinks account will be governed by that co-branded TOS. To the extent the co-branded TOS does not address the additional features to which you subscribe under that plan, the then-current Global Telelinks  TOS will apply solely with respect to that additional feature(s). If you terminate your service under the co-branded offer and move to a different rate plan for your Global Telelinks service, the co-branded TOS will no longer govern the provision of your Global Telelinks service. The terms of service for the new rate plan will apply to all your Global Telelinks service.

The term of this agreement will be either month to month or for the term specified in the plan you select when you initiate service with us (the "Term"). The Term begins on your Order Date. If you or we change your plan, your Term and monthly rate may change (depending on the new plan), and additional terms and conditions associated with that plan, may apply. Your acceptance of service from us constitutes your agreement with, and acceptance of, our Reasonable Use Policy and our Privacy Policy on our website at www.Global Telelinks.com.

Revisions to these Terms of Service

From time to time we may make revisions to these Terms of Service, our Reasonable Use Policy, our Privacy Policy and other policies. We will provide notice of such revisions by posting revisions to our website, or sending an email to the email address that you provide to receive communications from us, or to your Web Account. You agree to visit our website and your Web Account periodically and to check your email box to review any such revisions. You also agree to notify us immediately of any changes to your email address. By continuing to use our services after revisions are effective, you accept and agree to abide by those revisions.

By subscribing to our service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning Global Telelinks, including changes to these TOS, Reasonable Use Policy and Privacy Policy.

2.     CUSTOMER SERVICE

We offer varying types and levels of customer service depending on a number of factors, including the service you are using and the problems you are experiencing. For more information on our customer service, please review the "Support" section of our web site www.Global Telelinks.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.

3.     SERVICE

A.     Service Distinctions

Our service may be subject to different regulatory treatment than traditional voice telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. Our WhizXpress service requires high quality mobile data like 3G or 4G or a high speed WIFI data connection which we do not provide. The WhizXpress services may be used with devices such as IPADs, Tablets with Wi FI or high quality Mobile data like 3G or 4G plans. Events beyond our control may affect our service, such as Mobile phone type or quality of mobile or wireless data with broadband service, system maintenance or acts of God. We will act in good faith using commercially reasonable efforts to minimize disruptions to your use of and access to our service.

B.     Mobile and Mobile Use of Service and Device

Global Telelinks's service is a single (and not extended or multi-) device voice service. It is engineered to process and deliver traffic profiles and utilization levels of our typical end customers with calling patterns (also referred to as "normal personal use" by unlimited plan customers). "Typical" refers to the calling patterns of at least 95% of our customers on a particular calling plan. Normal mobile traffic profiles and utilization may arise from business, multiple or extended family, community or fraudulent use. "Unlimited" does not refer to those types and levels of usage. Telephone utilization that is indicative of, or arising from, impermissible business, multiple family, community or fraudulent use, as outlined herein, on a mobile class of service line may create network congestion that will manifest itself in increased busy signals for themselves and others.

Global Telelinks's unlimited service plans and features are for single (and not extended or multi-) family mobile (or personal, non-commercial) or co-branded use only. Co-branded use is defined as Global Telelinks service that is provided by a third party partner under that third party partner's marketing brand, with or without reference to Global Telelinks. This means that only the account holder, mobile family members (as defined below), and those Extensions ^® phone number(s) registered with Global Telelinks by the account holder may use Global Telelinks's unlimited service plans. " If your whizxpress unlimited service plan allows you to extend the service or feature(s) to another mobile or mobile number, all use under that service plan is aggregated and must conform to single (and not extended or multi-) family mobile (or personal, non-commercial) or co-branded use.

Global Telelinks's mobile unlimited service plans and features are for normal, personal non-commercial use and are device specific. Use of Global Telelinks's unlimited mobile plans must be in accordance with the Reasonable Use Policy and these Terms of Service, and consistent with other typical customers on the same mobile calling plan. Unauthorized or excessive use beyond that normally experienced by typical mobile customers on the same plan may cause busy signals and may result in service termination.

C.    Inconsistent with Normal personal Use

If you use the service, any feature and/or any device (including, but not limited to, your personal computer(s), mobile phone(s) in a way that is inconsistent with the normal use for your service, feature or plan, you will be required, at Global Telelinks's sole discretion, to (a) pay the rates for the service, feature or plan that would apply to the way you used the service, feature or device, (b) change to a more appropriate plan or (c) terminate the plan. For example, if you subscribe to one of our unlimited service plans, and your aggregate usage is inconsistent with normal mobile or personal use, you may thereafter be required to pay our applicable, higher rates for service for all periods in which your use of our service or the device was inconsistent with normal mobile use. Unlimited voice services are provided primarily for continuous live dialogue between two individuals. Lack of continuous dialogue activity, unusual calling patterns, excessive conferencing or call forwarding, excessive numbers dialed and/or consistent excessive usage (which may also apply to features such as Directory Assistance) will be considered indicators that your use may be inconsistent with normal use by other Global Telelinks customers aggregating their usage under a similar service plan, or that impermissible use as set forth in Section 10 and/or in the Reasonable Use Policy may be occurring and may trigger an account review or further action by us.

A non-exhaustive list of examples of uses of our service that are generally considered to be impermissible and inconsistent with normal mobile or co-branded use, include, but are not limited to, use:

§  By or for others who do not live with you;

§  By others who are not registered Global Telelinks Extensions® users; or

§  Operating a business, even if operating from the residence.

A non-exhaustive list of examples of uses of our service that are generally considered to be impermissible and inconsistent with either single (and not extended or multi-) family mobile or small or home business use, or co-branded use, include, but are not limited to, use:

§  Operating any other enterprise, including not-for-profit or governmental;

§  Operating a call center;

§  Resale to others;

§  Auto-dialing or fax/voice blasts;

§  Telemarketing; or

§  Without live dialogue, including as a monitor, intercom or for transcription.

Global Telelinks evaluates customer usage in comparison to similarly situated customers, e.g., mobile use under mobile service plans or small business use under small business service plans or affiliate use under co-branded service offers or plans. For example, over ninety five per cent (95%) of Global Telelinks's mobile unlimited calling plan customers use less than two thousand (2000) minutes per month and do not have any unusual calling patterns. We may conclude that a customer's aggregate usage is outside of normal use if it exceeds 2000 minutes per month IN COMBINATION with one or more of the following, including, but not limited to, excessive:

§  Number of unique numbers called;

§  Call lengths;

§  Frequency of call forwarding/transferring;

§  Conference calling;

§  Excessive calls to conference bridges;

§  Short duration calls or chats;

§  Calls made during business hours;

§  Number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or

§  Other abnormal calling patterns indicative of an attempt to evade enforcement of these Terms of Service and our Reasonable Use Policy.

Global Telelinks may also determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps described below even if the number of minutes used is not excessive, when a customer's calling patterns during more than one month reflect excessive:

§  Unique numbers called;

§  Call lengths;

§  Frequency of call forwarding/transferring;

§  Conference calling;

§  Short duration calls;

§  Number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame;

§  Other abnormal calling patterns indicative of an attempt to evade enforcement of these Terms of Service and our Reasonable Use Policy, or

§  at a multi-mobile address for more than one single residence.

Global Telelinks may take appropriate steps to enforce these Terms of Service and our Reasonable Use Policy. We reserve the right to review your account and take further action, including, but not limited to, immediate suspension of your Global Telelinks service if account usage is beyond normal standards, impermissible or detrimental to other customers' ability to use the service or adversely affects our operations. We may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers. If we determine that you are engaging in abnormal or impermissible usage, we will use commercially reasonable efforts to inform you and provide you with the opportunity to correct the improper usage. If we give you the opportunity to correct your abnormal usage patterns and you fail to immediately conform to normal use, we may exercise our right to transfer your service to a more appropriate plan, charge applicable rates or suspend or terminate your service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable fees and taxes at the time your service is terminated. Global Telelinks's right to terminate your account under Section 6(E) (with or for no reason) is not limited by this provision.

D.    Passwords

You will be asked to create a password in order to gain access to your account information on-line or when contacting a Global Telelinks agent by phone. Certain applications may permit you to extend use of such application to others using your password information. You agree to keep all passwords and account information confidential and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality and for all activities that occur under your password, including without limitation usage by others. You must immediately notify us if you suspect any breach of security such as loss, or unauthorized disclosure or use of your password and account.

E.     Changes to Service Plans

Your service plan includes terms and conditions such as monthly service allowances, limitations and features, and the associated charges, all as described at www.Global Telelinks.com or in other communications and materials made available to you in connection with your order or changes to your service. You acknowledge that your service plan is also subject to these Terms of Service. Our service is subject to our business policies, practices and procedures, which we can change at any time without notice. Unless otherwise prohibited by applicable law, we can also change the terms and conditions of your service plan (such as features and prices) at any time, with or without notice. If we do give you notice, it may be provided on your account web page or monthly bill, in a newsletter, in a mailing, by e-mail, by telephone or other communication permitted under applicable law. If your calling plan has been changed this does not affect the terms of your existing service agreement.

F.     Virtual Numbers

International virtual numbers are not retained and may not be transferred.

4.     LENGTH OF SERVICE

A.     Service Term

We provide our service to you indefinitely. Your service term refers to the period of time for which we will bill you periodically in advance (for example, one month or one year). The service term is the term that you selected from the options available when you signed up for our service. Your first service term begins on the Order Date. Your service will continue until cancelled by you or by us as provided for herein. Please note that your obligations begin on your Order Date and are indefinite.

B.     Automatic Renewal

Your service term automatically renews for the same term you selected unless you call us at our support to cancel your service before the end of your then current service term. The renewal begins on the day after the last day of your service term.

C.    In Plan/Out of Plan Overview & Charges

 

 

WhizXpress offers Global Unlimited Plans with multiple currencies. E.g. Unlimited Plan for US for US$ 20.99 and that of unlimited plan for UK at GBP 19.99 which includes the UK Mobiles calling in addition to 45 countries allowed in the US plan. The unlimited Global plan for 45 countries in Euro currency is at 18.99 Euros. The minutes allowed in these plans are as per the fair usage policy terms which we feel a a residential customer use about 2000 minutes in a month on average so accordingly 2000 minutes is allowed under the fair usage policy.  In addition a Global Mobile Plus plan where over 70 countries are allowed in the plan for which the plan value is published in our website www.whizxpress.com and also www.globaltelelinks.net under the respective country franchise.

 

 

D.    Our Right to Disconnect Software; Upgrade Software

We reserve the right 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 under these circumstances

0.     Unlawful or inappropriate use.

If we determine in our discretion that you have used our service or the device for an unlawful or inappropriate purpose or if we determine that the use or content does not conform to the requirements in this agreement or that it interferes with our ability to provide service to you or others, then we may mmediately disconnect your service at any time without notice. In addition, you shall not use the Service or the Box to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques or other automated devices or programs to catalogue, download, store or otherwise reproduce or distribute information from the Service or use any such automated means to manipulate the Service; use the Service to violate any law, rule or regulation; violate any third party's intellectual property or personal rights; or exceed your permitted access to the Service. Subject to applicable law, we may, but are under no obligation to, monitor usage of the Service for violations of this Agreement. We may remove or block any or all communications if we suspect a violation of this Agreement or if we deem it necessary in order to protect the Service, or Global Telelinks, its parent, affiliates, directors, officers, agents and employees from harm.

1.     Non-Payment.

If any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method, or in case of any other non-payment of account charges.

2.     Violation of laws.

If we determine that you have used our service or your device in violation of laws of jurisdictions outside of Global Telelinks service areas.

3.     Inconsistent Usage.

If we determine that your use of the service, features, or the device is, or at any time was inconsistent with normal inbound or outbound usage patterns for the type of service or plan that you have purchased, or that you have at any time used the service, feature or the device for any of these or similar activities.

4.     Tampering.

If we determine that you have tampered with your device.

Our action or inaction under this section does not constitute any review or approval of your action or use or content.

E.     Fees Upon Disconnection

0.     Disconnection by You.

If you attempt to disconnect service for one or more of your lines before the end of your current service term, you will be responsible for all the charges for your current term that are applicable to the disconnected line(s), including unbilled charges, plus an Early Termination Fee per line, if applicable, as provided in Section 8(G) below. Cancellation is effective on the date you or we cancel or which you designate as the cancellation date (future disconnection date). Annual prepayment plan charges are not subject to refund. If your service is cancelled before the end of your billing cycle for any reason by you or us, there are no pro-rated refunds. Charges for any overages, payphone calls to Global Telelinks toll free numbers, and out-of-plan international calls or any other features and services outside your rate plan are separately billed and charged to your selected payment method after cancellation.

1.     Disconnection by Global Telelinks with a Reason.

If we discontinue service generally, or disconnect your service without a stated reason, you will only be responsible for the charges that have accrued through the date of the disconnection, including a pro-rated portion of the final service term charges, and, if applicable, any recovery and Early Termination Fees.

2.     Disconnection by Global Telelinks with a Reason.

If we disconnect your service for any of the reasons listed in section 6.4 above, you will be responsible for all charges through the end of your current service term, including unbilled charges, plus any applicable disconnection, Early Termination Fees and any recovery fees.

3.     All Charges Owed at the Time of Disconnection will be Immediately Payable.

At the time of disconnection, we will immediately charge the credit or debit card you have provided to us for payment, or initiate an electronic funds transfer if that is your payment method, for all amounts due at that time. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.

F.     Termination of Service

In order to terminate your service, you must contact our Customer Care Department, via contact Support button from the App under help. Our Customer Care Department is available to assist you with account terminations on Monday-Friday 9:00 a.m. to 12:00 a.m. and Saturday-Sunday 9:00 a.m. to 8:00 p.m. Eastern Standard Time. If you decide to cancel your service with us, you must contact our Customer Care Department to do so - simply disconnecting or not using the service will not cancel your service and you will remain responsible for all costs and fees associated with your account, including, but not limited t.

5.     FEES, TAXES AND OTHER CHARGES

A.     Fees and Charges

We will publish on our web site the fees and charges. These fees and charges may change from time to time. We may introduce new products and services at special introductory pricing. At our discretion, we may change introductory pricing. Where required by law, we will send notification of invoices to your email address on file with us. We reserve the right to bill you more frequently if you owe us more than $75.

B.     Billing Increments

We bill usage charges in full minute increments. We round partial minutes up to the next full minute, unless we state otherwise in the rate schedules on our web site. We bill fractional usage charges in full cents. We round up cents when the value is $.005 or more and down when the value is less than $.005, unless we state otherwise in the rate schedules on our website.

C.    No Credit for Non-Usage or Misdialing

Neither non-usage of the service nor misdialing while using the service entitle you to a credit for, or refund of, any portion of a payment made to us.

6.     BILLING, PAYMENT AND NOTICES

A.     Billing

We will charge your method of payment in advance for each monthly service plan fee and associated taxes. Note: some financial institutions may not accept charges under one dollar ($1.00). If your financial institution does not accept charges under one dollar, we will round up and charge your account one dollar ($1.00). We may, in our discretion, refund or credit the difference between the dollar ($1.00) and the amount you actually owed. We will charge you in arrears for any usage and calls not covered by your plan, and immediately on disconnection for any accrued and unbilled amounts and recovery fees or Early Termination Fees (including taxes), if applicable, that are due.

If you subscribe to a prepaid annual plan, we will bill you in advance for the service plan fee due for the entire year, plus any associated taxes, fees and surcharges. We will charge you in arrears on a monthly basis for usage and calls not covered by your plan, and immediately on disconnection for any unbilled amounts and, if applicable, any recovery fees or Early Termination Fees that are due. We may initiate mid-cycle billing of additional amounts due that exceed $75.00.

When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic transfer from your account as soon as the same day you make your payment, or to process your check as a check transaction in which case you may not receive your check back from your financial institution. Late payments will be subject to late payment fees and returned electronic check payments will be subject to returned check fees, each of which are further detailed as part of our fees and charges set forth in more detail at www.Global Telelinks.com. When you subscribe to our service, you must give us a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, your email address changes, or your payment method is cancelled and replaced on account of loss or theft. This remains your responsibility despite Global Telelinks's participation in any account updater program provided by any third party account updater.

B.     Payment

When you subscribe to our service, you authorize us to collect from your payment method, including, if applicable, Early Termination Fees, late fees, check return fees, recovery fees and any other outstanding charges. This authorization will remain valid until 30 calendar days after you terminate our authority to charge your payment method.

C.    Collection

If we disconnect your service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.

D.    Notices

You agree to promptly update your account information whenever your personal or billing information changes (including, for example, your name, address, e-mail address, telephone number, credit/debit card number and expiration date or other payment method information). You authorize Global Telelinks to send you notices and information regarding your service, including via e-mail, over the Internet. If notices are sent by us to the last email address provided by you, you agree that we have provided sufficient email notice and you waive any rights to assert failure of notice.

E.     Billing Disputes

If you want to dispute any Global Telelinks charges on your statement, you must notify Global Telelinks within seven (7) calendar days after you receive your statement from your bank or credit card issuer. Financial regulations require you to notify your financial institution within sixty (60) days after you receive your statement and report any alleged errors to them within this timeframe. Please contact GLOBAL TELELINKS-Support or [http://www.Globaltelelinks.net/support] if you want to dispute any Global Telelinks charges on your statement.

7.     PROHIBITED USES; UNLAWFUL USES AND INAPPROPRIATE CONDUCT

A.     Lawful Purposes Only

You may use our service and your device only for lawful, proper and appropriate purposes. You may not use our service or your device in any way that is illegal, fraudulent, improper or inappropriate. The following is a non-exhaustive list of examples of illegal, fraudulent, improper or inappropriate uses of our service and/or devices.

§  Threatening;

§  Abusive;

§  Harassing;

§  Defamatory;

§  Libellous;

§  Deceptive;

§  Fraudulent; and/or

§  Invasive of another's privacy, or any similar behaviour.

In addition, you shall not use our service or your device for:

§  Auto-dialing;

§  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 voicemail blasting;

§  For continuous or excessive chat line access, or

§  Use of an open telephone line as a monitor, intercom or transcription service.

You shall not use our service or our device to:

§  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;

§  Violate any law, rule or regulation;

§  Violate any third party's intellectual property or personal rights, or

§  Exceed your permitted access to our service.

B.     Monitoring

We may monitor the use of our service for violations of these Terms of Service. We may remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect our service, or Global Telelinks, its parent, affiliates, directors, officers, agents, and employees from harm

C.    Providing Information to Authorities and Third Parties

If we believe that you have used our service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, you hereby agree that we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, as follows:

§  In response to law enforcement or other governmental agency requests;

§  As required by law, regulation, rule, subpoena, search warrant, or court order;

§  As necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both;

§  To protect Global Telelinks's rights and property; or

§  In emergency situations where disclosure of such information is necessary to protect Global Telelinks customers or third parties from imminent harm.

D.    No Transfer of Service

Attempted assignments of service and accounts through changes in account and billing information does not relieve you of liability and responsibility for use of the service and features, or for charges on the account unless we have not consented to the assignment in writing or unless we actively facilitate the assignment as evidenced in our Customer Care records. You may elect to authorize others to access your account by calling us at GLOBAL TELELINKS-Support.

E.     No Alterations or Tampering

If you copy or alter or have someone else copy or alter the firmware or software of the device or any mobile application in any way that facilitates a compromise of our service, you are responsible for any charges that result and damages incurred by Global Telelinks as a result. You may not attempt to hack or otherwise alter or disrupt our service or make any use of our service that is inconsistent with its intended purpose.

F.     Theft of Service

You may not use, obtain or facilitate use of our service, directly or indirectly through others, in any manner that avoids Global Telelinks policies and procedures, including an illegal or improper manner You will notify us immediately at GLOBAL TELELINKS-Support or http://www.GlobalTelelinks.net/support your device is stolen or if you believe that your service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of service. If you fail to notify us in a timely manner, we may disconnect your service and levy additional charges on you as permitted under these Terms of Service. Until you notify us, you will be liable for all use of our service using a device stolen from you and any stolen, fraudulent, or unauthorized use of our service whether or not it involves a stolen device.

G.    Unauthorized Usage of Device; Firmware or Software

Unless your plan specifically provides you with a license to use our firmware or software, you have not been granted any license to use the firmware or software we use to provide our service or that we provide to you in providing our service, or that is embedded in your device, or accessible via mobile application other than a non-transferable, revocable license to use the firmware or software in object code form (without making any modification to it) strictly according the terms and conditions of these Terms of Service. You also agree that you will use your device exclusively for our service. We will not provide any passwords, codes, or other information or assistance that would enable you to use your device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You warrant that you possess all required rights, including software or firmware licenses, or both, to use any interface device that we have not provided to you. You may not undertake, cause, permit or authorize the modification, creation of derivative works, or translate, reverse compile, disassemble, hack or reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software. You shall not use the mobile application software to develop any software or other technology having the same primary function, including but not limited to using the software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the software.

8.     LIMITATION ON WARRANTIES, REMEDIES AND LIABILTY

A.     AS IS Services

You agree that our services are provided "as is," except to the extent provided below.

B.     No Warranties on Service or Software

The mobile applications downloaded from and purchased through a third party provider (e.g., the iTunes^® store or Android Market), in the event of any failure of the mobile application to conform to any applicable warranty, you should notify the third party provider, and the third party provider may refund the purchase price for the mobile application to you; and that, to the maximum extent permitted by applicable law, the third party provider will have no other warranty obligation whatsoever with respect to the mobile application, nor any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

C.    No Credit Allowances for Interruption of Global Telelinks Service

We will not give you credit for any interruption of Global Telelinks service, including international calling services.

D.    Limitation of Liability

We will not be liable for any delay or failure to provide service, including 911 Dialing, or your blocking of an emergency number (e.g., Police, Fire Department, Hospital) at any time or any interruption or degradation of voice quality that is caused by any of the following:

§  Third party omission: an act or omission of an underlying carrier, service provider, vendor or other third party;

§  Outages: outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of service caused by any third party;

§  Acts or Omissions: any act or omission by you or any person using our service or the device provided to you; or

§  Other causes: any other cause that is beyond our control, including, without limitation, a failure of or defect in any device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 dialing) to be connected or completed or forwarded.

E.     Disclaimer of Liability for Damages

Our aggregate liability under this agreement will in no event exceed the service charges with respect to the affected time period.

IN NO EVENT will Global Telelinks, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to you in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, including inability to get or receive dial tone, access emergency service personnel through the 911 dialing service, or delays in the delivery of emergency services accessed through the 911 dialing service, or to obtain emergency help. Global Telelinks further disclaims any and all liability arising out of any resale, reuse, or refurbishment of the device without Global Telelinks's prior authorization. These limitations apply to claims founded in breach of agreement, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.

Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you however, with respect to 911 dialing and other aspects of Global Telelinks's service, there may be federal or state laws that exclude such damages and provide other protections to Global Telelinks which Global Telelinks does not waive or limit in any manner whatsoever.

F.     Limit on Total Liability

Our total liability under this agreement will not exceed the service charges for the affected time period. Global Telelinks will not be responsible for third party fees or charges, including but not limited to, banking fees, overdraft fees, wireless or cellular fees, or other wireline, broadband or internet service charges, technician charges, or other similar charges.

9.     INDEMNIFICATION AND WAIVER OF CLAIMS

A.     Indemnification

You shall defend, indemnify, and hold harmless Global Telelinks, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for our service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys' fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device(s), or use of our service by you or others using your account (whether or not such usage is expressly authorized by you).

B.     Waiver of Claim or Causes of Action

You waive all claims or causes of action arising from or relating to our 911 dialing service unless the claims or causes of action arise from our gross negligence, recklessness, or willful misconduct.

C.    Content

You are liable for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using your service or device(s). You promise that you and anyone who uses your service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our service and the device.

D.    Account Information

You are liable for all damages and liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or incomplete, we may suspend or terminate or refuse any and all current or future use of the service, or any portion thereof.

10.   MISCELLANEOUS LEGAL CONSIDERATIONS

A.     Governing Law

These Terms of Service are applicable for VoIP-based service initiated in the Switzerland and mobile services worldwide. For users of Global Telelinks applications outside the United States, the laws of the State of Zug, Switzerland will 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 commerceand not state arbitration law, shall govern the interpretation and enforcement of the arbitration provision in Section 14.

B.     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. Global Telelinks 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 Global Telelinks under these Terms of Service and exercise of its rights are made and done in our sole and absolute discretion.

C.    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.

D.    Third Party Beneficiaries

If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any third party beneficiary rights provided, however, that with regard to provisions related to mobile applications made available for download through a third party marketplace such as the iTunes store or the Android Market, you acknowledge and agree that such third parties, and its' or their subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of the terms and conditions of this agreement, such third parties will have the right (and will be deemed to have accepted the right) to enforce specific terms of this agreement against you as a third party beneficiary thereof.

E.     Legal Age

You promise that you are of legal age to enter into this agreement and that you have read and understand fully its terms and conditions.

F.     Entire Agreement

This agreement, including any future modifications to its terms, and the rates for services found on our web site constitute the entire agreement between you and Global Telelinks. This agreement governs your use of our service, and the use of our services by the members of your household, and, subject to your use of one of our business plans, your employees. This agreement supersedes any prior agreements between you and Global Telelinks. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

G.    Severability

If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. Thisinvalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.

11.   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 arbitrations and class action lawsuits are not permitted.

A.     Arbitration

Global Telelinks and you agree to arbitrate any and all disputes and claims between you and Global Telelinks. 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 Global Telelinks, 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 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 "Global Telelinks," "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 Global Telelinks.

B.     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 Global Telelinks Customer Care Department by telephone at GLOBAL TELELINKS-Support or by email at http://www.GlobalTelelinks.net/contactus.aspx. 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.

C.    Location and Procedure of Arbitration

Unless you and Global Telelinks mutually agree otherwise, all hearings conducted as part of the arbitration shall take place at a location, convenient to you, in the county or parish of your billing address. If your claim is for $10,000 or less, you or Global Telelinks may request that the arbitration be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim is in excess of $10,000, the right to a hearing will be determined by the AAA Rules.

D.    Waiver of Class Actions

You and Global Telelinks agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND GLOBAL TELELINKS AGREE THAT YOU AND GLOBAL TELELINKS MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You and Global Telelinks agree that, unless you and Global Telelinks agree otherwise, the arbitrator may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a representative or class proceeding.

E.     Statute of Limitations

State laws may limit the time period after which you may assert a claim; in some cases you may be required to assert a claim within one (1) year after the occurrence of the event or facts giving rise to a dispute (except for billing disputes which are subject to Section 9.5 of the agreement). Your failure to timely assert your claim may result in a waiver of your legal rights.

F.     Exceptions to Arbitration Agreement

You and we agree:

§  you may take your dispute to small claims court, if your dispute qualifies for hearing by such court;

§  if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement;

§  you or we may take any disputes over the validity of any party's intellectual property rights to a court of competent jurisdiction;

§  any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and

§  either you or we may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of you or Global Telelinks, pending the completion of arbitration.

G.    Modification of Arbitration Provision

Despite §15 or any other provision in this agreement to the contrary, if Global Telelinks makes any substantive change to this arbitration provision, you may reject any such change by sending us written notice within thirty (30) days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

12.   CHANGES TO THIS AGREEMENT

We may change the terms and conditions of this agreement from time to time. By subscribing to our service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning Global Telelinks, including changes to this agreement. We may give you notice of a change by posting the change on the home page of Global Telelinks.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 oral written or electronic and written terms of service, including, without limitation, any terms included with the packaging of your device. It also supersedes any written terms provided to retail customers with retail distribution, including, without limitation, any written terms in the packaging of your device. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of Global Telelinks services. If you continue to use our service, we will consider this your acceptance of any changes.

13.   PRIVACY

Global Telelinks service uses, in whole or in part, the public internet, the public switched telephone network, and third party networks to transmit voice and other communications. Global Telelinks is not liable for any lack of privacy which you may experience from using our service. Please refer to our Privacy Policy at www.Global Telelinks.com for additional information, such as how we use your information and how you can opt out of receiving marketing messaging. Your acceptance of service from us constitutes your agreement with, and acceptance of, our Privacy Policy.

You authorize us:

o    to investigate and/or review your credit history, including requesting a consumer report, both when you sign up for our service and at any time after you sign up, for any purpose, including, but not limited to, your initial qualification for an account, your continued compliance with the terms of your account and general customer base evaluation purposes not specifically associated with your account; and

o    to share credit information about you with credit reporting agencies. Upon your request we will inform you whether or not we have requested a consumer report, and if a report was requested, the name and address of the consumer reporting agency that furnished the report.

In addition, you acknowledge Global Telelinks may monitor calls for quality assurance, training and testing purposes.

14.   COPYRIGHT AND TRADEMARK; DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) NOTICE

Our website content, our materials, services, logos, software, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions.

You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the website content, our materials, or the mobile application software. Infringement by you may result in civil or criminal prosecution.

 .      Third parties may make materials available using our service

Third parties may not be within our control. We do not review the content posted on our service to see if it includes illegal or impermissible content, nor are we under any obligation to conduct any review. However, we respect the copyright interests of others. It is our policy not to permit materials we know infringes another party's copyright to remain on our service. If you believe any materials on our service infringe a copyright, you should give us written notice.

A.     Contents of Notice

Your notice should at a minimum contain the following information:

§  a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

§  identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

§  identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

§  information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

§  a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

§  a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All DMCA notices should be sent to our designated agent as follows: Global Telelinks Legal Department, Attn: DMCA Notices, 23 Main Street, Holmdel, NJ 07733.

CUSTOMER AGREEMENT

WHEN YOU PROCESS A TRANSACTION OR ORDER GLOBAL TELELINKS SERVICE YOU MUST AGREE TO GLOBAL TELELINKS'S TERMS OF SERVICE AND THE CUSTOMER AGREEMENT BELOW.

Please review the entire Global Telelinks Terms of Service before accepting below

Thank you for choosing Global Telelinks. These Terms of Service set forth important information about your service, including our ability to make changes to your service or this agreement's terms, our liability if things don't work as planned and how any disputes between us must be resolved by arbitration. If you elect to use a Global Telelinks application on a third party device, you agree that use of that application acts as an acceptance of the third party terms and conditions associated with that third party device. If you are subscribing to Global Telelinks service under special or different terms and conditions sponsored or co-branded by a Global Telelinks business partner, the terms of service for that special service offer shall apply and supersede these Terms of Service to the extent you remain a subscriber under such third party sponsored offer. If you change your subscription to another Global Telelinks offer, or to a different third party sponsor's offer, you will be subject to the terms of service associated with that offer. If you're signig up for service for a minimum agreement term, this TOS contains information about that agreement term and what happens if you cancel some or all of your service early or don't pay on time, including the possibility of an Early Termination Fee you may owe Global Telelinks.

I agree to the current Global Telelinks TOS, which I have had the opportunity to review. I understand that I may be subject to an Early Termination Fee based upon the plan I select, and am agreeing to the limitations of liability for service, settlement of disputes by arbitration instead of jury trials and other important terms in the TOS.

I understand that if I do not agree to the Global Telelinks TOS, I should close the internet browser to discontinue my order with Global Telelinks at this time.