|Terms and Conditions|
BY USING 101 9898, THE CUSTOMER AGREES THAT HE HAS READ AND AGREES WITH THESE TERMS AND CONDITIONS. THE CUSTOMER ALSO CONSENTS TO RECEIVE EMAIL FROM 101 9898 REGARDING ANY AND ALL 101 9898 SERVICE-RELATED ISSUES.
IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE OUR SERVICES.
This Agreement sets out the terms and conditions by which Dar Communications Corporation, doing business as 101 9898, will provide Dial-Around telecommunications services (the "101 9898 Service ") to You, the customer with whom we make this Contract ("You"). By using the 101 9898 Service or its website(s) You agree to the terms and conditions contained herein.
This service is available for Californian residents with a local AT&T (formerly SBC Pacific Bell) or Verizon subscription only.
The following definitions apply to the Dial-Around Service to which You are subscribing under this Agreement (unless the context requires otherwise):
"CIC Code" means the Dial-Around code as specified on our website that allows You to access the 101 9898 Service;
"Charges" mean the charges for the Dial-Around Services as set out in the Price List or communicated to You by any other means;
"Contract" means these Terms and Conditions and the Price List;
"101 9898 Service" means the Dial-Around Service provided to You from time to time by 101 9898 under the terms of this Contract, enabling You to make calls using the CIC Code; and
"Selected Telephone number(s)" means the fixed line telephone number(s) You are using to access the 101 9898 Service.
If You use any service offered on this website, You should carefully read the terms and conditions. You will have accepted the terms and conditions of our service:
We do not accept any responsibility for any statement in any published material (including emails and text messages) other than this Agreement, the Contract, the Price List, and any tariff filings we make with Federal and State regulatory agencies. You should not rely on any other statements that we have published without making your own inquiries first.
We will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the published material or any part of it, other than such published materials which we have advised You that You may rely on.
Websites operated by 101 9898 may contain links to other sites. Please be aware these sites are not under our control and 101 9898 is not responsible in any way for the privacy practices or contents of such other sites.
We do not warrant that our website (www.1019898.com) or any data, materials or other content available via the website is free of any virus, Trojan horse or other malicious code . You must take your own precautions in this respect.
We will not be liable for any loss incurred as a result of service failure in any way.
Information You provide or we hold about You may be used by us and/or our partners to:
We may disclose information we hold about You to our partners for the purpose of providing services You have requested, as part of a corporate transaction such as a merger, consolidation or sale of substantial assets, or where legitimately requested for legal or regulatory purposes, as part of legal proceedings or prospective legal proceedings.
Federal and State regulations provide for the privacy of Customer communications. 101 9898 is committed to following applicable regulations and to reasonably safeguard Customer communications and information. 101 9898 does not share, disclose, trade or sell any personally identifiable information collected online with other third party companies or organizations. Our order and billing environment features several widely accepted and endorsed security methods to ensure that transactions, ordering and fulfillment are safe, and that all exchanges of information remain confidential. While we take reasonable measures to safeguard the security of communications made through and information stored via our website, you should remember that the internet is not entirely secure and should keep this in mind when transmitting any information to us or via the website.
If You provide false or inaccurate information and we suspect fraud, we will record this. We, and other credit organizations, may use technology to detect and prevent fraud.
You acknowledge that we may disclose any information in connection with your account to anyone who correctly quotes your 101 9898 customer details.
You shall not:
If You discover that someone has used your Selected Telephone number(s) without your or our permission, You should notify us at the first possible opportunity, otherwise You may be held liable by us for any losses that You suffer or incur as a result.
Although we will take all commercially reasonable measures to provide continuous, uninterrupted access to the 101 9898 service we cannot and do not guarantee this. 101 9898's Service is provided in addition to Customer's local phone service. In the event of a 101 9898 system failure the Customer will still have access to local service, including emergency numbers such as 911. Inter-exchange service through another carrier is available by dialing another Carrier Identification Code (CIC) before the called number. 101 9898 will not be liable for any direct, indirect, incidental, special, consequential, exemplary, punitive damages, economic loss or injuries to person or property, or any other claims for damages because of lack of access to 101 9898's system. 101 9898 will not be liable for indirect, consequential or incidental damages, including but not limited to lost profits and lost savings, arising out of, resulting from, or in any way related to the services and facilities furnished by 101 9898. Except as stated in this Section, the Company shall have no liability for damages of any kind arising out of or related to events, acts, rights, or privileges contemplated in this Agreement.
We may, and at our discretion and at any time, impose a credit limit on your account and/or require payment of a security deposit or interim payment by You.
Any credit limit imposed can be done so without prior notice. Any credit limit imposed may furthermore be amended without prior notice. If You exceed any such credit limit we may demand immediate payment of the charges and/or suspend your access to the 101 9898 Service. You will still be responsible for all charges incurred including those exceeding the credit limit.
We withhold the right to decline applications for the 101 9898 Service and/or suspend your access to the 101 9898 Service at any time and without prior notice.
Charges for calls made using 101 9898 are billed to You through your local phone company and on the bill You receive from your local phone company. Subject to Federal and State regulatory requirements, we reserve the right to vary any charges or rates at any time by posting the resulting price changes on our Website or otherwise giving You notice. All products referenced herein are subject to service availability and all charges are subject to governmental taxes and fees, including the Universal Service Fund and similar Federal and State funds and requirements, at the required or prevailing rate, as the case may be.
There is a connection fee in respect of any call made using the 101 9898 Service which is published on the 101 9898 Website at all times. The 101 9898 Service is billed in six-second increments and all call Charges are rounded to the nearest cent.
Before each call You make the operator will inform You of the call charges per minute for the destination You are calling. The played tariff message prevails over any publicized rate on the 101 9898 Website, printed publication or other means of advertising. This tariff message itself is free of charge; therefore, if You do not agree with the played tariff message charge, You should immediately hang up before your call is connected and You will not be charged for the call.
To maximize call quality, while providing the best price, we sometimes must change our underlying domestic and international carriers. Substantial changes in costs of our new routes will be result in changes to the rates to selected destinations. 101 9898's rates are subject to change without notice, other than as required by Federal and State regulatory agencies, and will be communicated through means of the tariff message, the 101 9898 website, and appropriate Federal and State regulatory filings.
For Customers in the United States, the minimum taxes charged are described below.
The FCC requires 101 9898 to charge two taxes or "contributions" as an interstate carrier. These charges will be added separately on your local phone bill. 101 9898 does not profit from these collections.
The first is a 3% Federal Excise Tax. This is computed as a percentage of all of your telecommunications call charges. For more information on this Federal Excise Tax, please read IRS FORM 720. Federal Excise Taxes are collected by 101 9898 and passed on to the United States Government.
The second is a variable Universal Service Fund fee, currently at 10.2% for the first quarter 2008, charged to telecommunications customers using interstate and international services. This Fund helps provide affordable telecommunications service for low income customers and customers in rural areas. It also provides discounts on Internet access for eligible schools, libraries and rural health care providers. This charge is computed as a percentage of your state-to-state and international long distance charges. For more information please visit web site www.universalservice.org. Universal Service Fund fees are collected by 101 9898 and collected by the Universal Service Administrative Corporation and distributed by the Federal government.
In addition other taxes imposed by local governments may appear on your telephone bill and these may vary according to geographic location. For more information on charges and taxes please visit http://www.fcc.gov/cgb/consumerfacts/understanding.html.
The reason that these fees or "contributions" are not included in the rates is that we do not profit from them. The charges are applied and the revenue is forwarded to the appropriate agency without any administrative charge on our part. We are required to prepare separate reports for each.
Carriers may present this information in different ways and may include it in their pricing, but they apply to all carriers.
We will normally render your invoices for the 101 9898 Service on a monthly basis. We may vary billing frequency or demand payment at any other time.
Unless we have agreed otherwise, payment is due in full for use of the 101 9898 Service and You must pay any bill for Charges arising from such use.
If You do not pay the invoice(s) on time, we may:
We may vary the terms and conditions of this Contract at any time by posting the changes on our Website. You agree that, if You decide to use the 101 9898 Service after any amendments to the terms and conditions of this Contract have been posted on our Website, You will be bound by the terms and conditions of this Contract as modified. Should You not agree with any amendments to the terms and conditions immediately cease to use the 101 9898 Service.
You may end this Contract for the 101 9898 Service by ceasing to use our Service or by calling our customer services team from your Selected Telephone number(s).
We may end this Contract for the 101 9898 Service: (i) by giving You 30 calendar days' prior written notice; or (ii) immediately if:
If this Contract ends for any reason:
We shall not be responsible for any delay or failure to carry out our responsibilities under this Contract for reasons beyond our reasonable control, including, for example, acts of God, exceptionally severe weather, labor disputes, failure or shortage of power supplies, acts of terrorism or riot, war, default or failure of a third party (including any network operator or service provider) or their telecommunications systems, or governmental actions. 101 9898 will not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, economic loss or injuries to person or property, or any other claims for damages.
You may not assign any of your rights or obligations under this Contract without our prior written consent. We may, at any time, obtain an alternative provider to provide the 101 9898 Service to You. You agree to the assignment of our rights and obligations under this Contract to that alternative provider, provided that the level of service that You experience is not materially reduced as a result, and authorize us to execute on your behalf any documents necessary to give effect to any such assignment.
If at any time we do not require You to comply with any part of this Contract, this will not prevent us from doing so in the future.
If any part of this Contract (including any provision in which we exclude or limit our liability to You) is deemed unenforceable by any Court or other competent body or authority, the enforceability of any other part of this Contract will not be affected.
Any notice under this Contract, whether required to be written or otherwise, may be given by us to You by mail, hand-delivery service, email or SMS messaging to any address, email address or phone number You have given us to correspond with You, or by posting it on our website. You must give notices to us by email to the relevant address set out on our Website.
This Contract represents the entire agreement between You and us in relation to the 101 9898 Service and shall supersede all previous agreements, whether oral or written.
This Agreement, to the extent not covered by applicable state and federal laws, regulations and tariffs, shall be governed under the laws of the State of California. The Parties further agree that to the fullest extent permitted under this Agreement, Washington D.C. will be the exclusive venue for any claim, dispute or other difference (collectively, the "disputes") that may arise between them and that the Parties are subject to jurisdiction in Washington D.C.
101 9898 is committed to working with the Customer and will do all that is reasonable to resolve disputes without outside assistance. If a settlement cannot be reached directly with the Customer, Customer agrees that the dispute(s), except those that fall within the jurisdiction of a State or Federal regulatory body, shall be exclusively resolved by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association with arbitration to occur in Washington D.C. The Parties agree that their disputes will be resolved individually and shall not be resolved on a consolidated or class basis. The Arbitrator must make his award under the terms and conditions of this Agreement. The Arbitrator may not award consequential or punitive damages.