This service is performed between ZIVOYA, LLC and the user ("You", "user" or "Customer") of communications services ZIVOYA, LLC and any products or services ("Service "), collectively identified as the "Parties". Activating the Service, you acknowledge that you have read, understood, and you agree with the terms and conditions of this Plan, and represent that you have the legal age according to the law to subscribe to this Plan and be bound by its terms.
1.1. Application Life Cycle: The service is offered each month from the date ZIVOYA activates your Plan. This plan will automatically renew at the end of the applicable term without requiring further action by you unless you send a written non-renewal notice to ZIVOYA at least fifteen (15) days before the end of the applicable term. The expiration of the initial term or termination of the Service do not exempt the Customer from paying all unpaid and / or due balances in relation to the Contract.
1.2. Domestic or Commercial 1.2 Use of Service: The service is provided to you as a domestic or commercial user, according to your statement to accept the Service. This means: i) that if you purchased the domestic Service, you will not use it for any business or government activity, either rented or free, including but not limited to home office activities, business, sales, tele-commuting, tele- marketing, continuous autodialing, fax broadcast, fax blasting or any other activity that would be inconsistent with normal household usage patterns, and ii) i) that if you purchased the commercial Service, it will not be used for any governmental activity, the activity of providing telephone and / or telecommunications services either rented or free, including but not limited to activities of tele-commuting, tele-marketing, continuous autodialing, fax broadcast, fax blasting or any other activity that would be inconsistent with normal business activity. This also means that you may not resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without prior written consent of ZIVOYA. You agree that your use of the Service, or the use of the Service provided to you under this Agreement, by any other person for any purpose other than stated by you in signing the Service will force you to pay higher prices to ZIVOYA for the Commercial Service on account of all periods, including past periods, when you use or have used the Service. ZIVOYA reserves the right to immediately terminate or change the status of a client, if ZIVOYA determines, in its sole discretion, that You use or have used the Service for purposes other than those stated at the time of signing for the Service. ZIVOYA service offers unlimited phone calls from your home country, according to the plan chosen, but not unlimited minutes, these minutes are prorated according to the chosen plan and country, such plans have a maximum of 2000 minutes per month and these minutes would vary depending upon the country and the plan chosen.
1.3. Lawful Use of the Service
1.3.1. Prohibited Uses: You agree to use the Service only for lawful purposes. This means that you agree not to use it to transmit or receive communications and / or unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically derogatory or otherwise objectionable information, including but not limited to material that encourages conduct that would constitute a criminal offense, cause a civil contingency, or otherwise violate the applicable local, state, national or international law. ZIVOYA reserves the right to terminate your service immediately and without notice if ZIVOYA, in its sole discretion, believes you have violated some of the restrictions listed above, by making you responsible for the full payment of the month in which such violation is detected, including without limitation unbilled charges, all of which will be immediately due and payable. You are responsible for any and all uses of the Service by any person using the service contracted by You under this Agreement. If ZIVOYA, in its sole discretion believes that you have violated any of the restrictions listed above, ZIVOYA can send the detected elements, your communication with ZIVOYA and information that personally identifies you to the appropriate authorities for investigation and prosecution.
1.3.2. Use of Service by Customers outside the United States: ZIVOYA does not currently offer the service to customers located in other countries. If you use the Service to receive calls in countries other than the United States, you do so at your own risk, including the risk that such activity violates local laws in the country where You use the Service. ZIVOYA reserves the right to terminate your service immediately and without notice if ZIVOYA, in its sole discretion, believes you have violated these restrictions or if you use or attempt to use the Service in any country outside the United States, making you responsible for the full charges of the month in which such misuse is detected, including without limitation unbilled charges, all of which shall become immediately due and payable. You are responsible for any and all use of the Service by any person using the Service provided to You under this Agreement.
1.4. Copyright / Trademark / Unauthorized Use of Software: The Service and software used to provide the Service and / or provided to Customer in conjunction with the Service, and all information, documents and other items existing on the site ZIVOYA are protected by trademark, copyright and other intellectual property laws and international provisions and treaties. All Application, corporate names, service marks, trademarks, trade names, logos and the domain names (collectively "Marks") of ZIVOYA always are and remain the exclusive property of ZIVOYA and nothing in this Agreement grants you the right or license to use such marks. You acknowledge that you are not given any license to provide service to others or use any associated software, but a non-transferable license to use and non-negotiable for the Service as long as the Client remains active and adheres strictly to the terms and conditions of this Agreement. If you decide to use the Service through any communication device not provided by ZIVOYA, for which ZIVOYA reserves the right to prohibit their use in particular cases, you certify and represent that you possess all required rights, including software licenses, to use the device with the Service and You will indemnify and hold ZIVOYA harmless against any contingency arising from the use of the communication device.
1.5. Theft of Service: You agree to immediately notify ZIVOYA in writing or by calling the customer support line of ZIVOYA, should you find by any means that your Service is or has been stolen or used fraudulently. When you call or write, you must provide your account number and a detailed description of the circumstances of the fraudulent use of Service. Any delay in reporting such circumstances to ZIVOYA may result in termination of your Service and additional charges to you. You will be responsible for all use of the Service stolen from you or the fraudulent use of the service until it has been reported to ZIVOYA.
1.6. Number Transfer: Upon completion of this contract, ZIVOYA will retain the telephone number used with respect to the provision of the Service to you corroborating this Agreement.
2. CHANGES TO THIS AGREEMENT
2.1. ZIVOYA may change the terms and conditions of this Agreement from time to time. Notices will be deemed given and effective on the date indicated at the end of the contract posted on ZIVOYA's website. The new contract posted supersedes all previous terms and conditions whether these have been published electronically or on paper.
2.2. If you cancel late (after 15 days of the shekel plan) you will have an additional charge of $ 5.00
2.3. You agree as a condition of using the service to liquidate a charge (the same value of the chosen plan) if you cancel the plan.
3. MONTHLY CHARGES / PAYMENTS / TAXES / TERMINATION
3.1. Invoices: You must provide a valid credit or debit card to activate the service. If the card expires or you close your account, or change the billing address, or the card is canceled and replaced due to loss or theft, you should immediately report such circumstances to ZIVOYA. ZIVOYA will bill all charges monthly to your credit or debit card, including but not limited to monthly service fees. ZIVOYA reserves the right to bill at more frequent intervals if the amount due at any time exceeds $ 100.
3.2. Payment: ZIVOYA only accepts payments by credit or debit card. Your initial subscription of the Service authorizes ZIVOYA to debit the account number; credit or debit card for you declared and exists in ZIVOYA's file (updated with any information about changes to the card supplied by you) even for positions that correspond with the maturity of the credit or debit card. This authorization is still valid until thirty (30) days after ZIVOYA receives from you a written notice of cancellation of the authorization to ZIVOYA to debit your credit or debit card. ZIVOYA may terminate the Service at any time, if any existing debit to your credit or debit card in ZIVOYA's file is affected by lack of cancellation of the account of the credit or debit card. Termination of Service because of these cases make You FULLY LIABLE before ZIVOYA for ALL CHARGES ACCRUED BEFORE TERMINATION and for all other expenses incurred by ZIVOYA in occasion and on your failure to pay, such as (but not limited to) collection costs and attorney fees.
3.3. Termination / Suspension of Service Termination by ZIVOYA: ZIVOYA reserves the right to suspend or discontinue the Service in general or particular manner in its sole discretion. If ZIVOYA discontinues the Service general manner, or terminates your Service in a particular manner, at its option and without a stated reason, you are only responsible for the unpaid charges accrued through the date of termination, including a pro-rated portion of the charges for the last month. If your Service is terminated for any reason, including without limitation, violation of the terms of this Agreement, or because of improper use of the Service (such as, but not limited to, their attempts to disrupt, damage, and / or affect the Service), you will be responsible for the unpaid charges accrued through the date of termination, including without limitation, full charges for the month of termination of service and unbilled charges all of which shall be immediately due. Customer Termination: Customer may cancel the contract, in its sole discretion, at any time, without cost, however the Customer purchases the Service for full calendar month, meaning that if the Customer seeks to terminate the Service before the end of a calendar month, Customer shall pay the full monthly service for the month of termination, which shall become immediately due and payable. Customer must send a written notice of cancellation to ZIVOYA at least fifteen (15) days before the end of the month in which the notice was issued.
3.4. Taxes: You are responsible for and shall pay all applicable taxes whether federal, state, municipal, local or for any governmental agency, whether it is the case of indirect taxes, value added taxes, the property, the service entity public or any other kind of tax established or created in the future, by subscribing to this Agreement and / or use or payment for the Service. The established Taxes will be added to the monthly value of the service and debited from your account. If you are exempt from such taxes, you must provide to ZIVOYA an original tax exemption certificate issued by a government entity authorized to do so. The tax exemption will only be applied from the date in which ZIVOYA receives the original certificate of exemption.
3.5. Mi Numero Local shall not be obligated to make refunds or to provide any compensation where any fraudulent use occurs. Mi Numero Local will actively cooperate with law enforcement authorities in prosecuting anyone who uses this website, products/services sold over this website or through this company for unlawful use. Mi Numero Local is not responsible if the card holder's issuing bank does not authorize transactions.
3.6. Mi Numero Local reserves the right to issue refunds/credits for services at its discretion. Mi Numero Local will refund the amount for any unused product to any customer who is dissatisfied with its services. The refund policy applies only for claims received by Mi Numero Local within 60 days since purchase date. Any promotion or discount applied to an order for which a refund is provided will be deducted from the amount of the refund.
4. WARRANTIES / LIMITATION OF LIABILITY / INDEMNITY
4.1. Limitation of Liability: ZIVOYA will not be liable for any delay or drop of the service, at one time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
1. The actions or omissions of a carrier of voice, service provider, or any other third party;
2. Equipment, network or facilities failure;
3. Equipment, network or facilities failure due to improvements or maintenance tasks;
4. The events of greater force such as (but not limited to: acts of nature, strikes, fire, war, riots, government actions);
5. Shortage of equipment, network and / or facilities;
6. Relocation of equipment and facilities, or
7. Any other causes beyond the control of ZIVOYA, including without limitation the fall of a call or interruption or degradation of voice quality for the same. ZIVOYA's responsibility for any interruption or poor quality service does not exceed under any circumstances and for any reason the proportional value of the services provided under this Agreement with respect to the affected time period.
4.2. Consequential Damages: IN NO EVENT ZIVOYA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER, WHO PROVIDE CUSTOMER SERVICE AND / OR TO ZIVOYA WITH RESPECT TO THIS AGREEMENT OR THE SERVICE, WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE INCLUDING THE INABILITY TO GET ACCESS TO PERSONAL SERVICE ON THE OCCASION OF THE EMERGENCY SERVICE. THE LIMITATIONS IN THIS SECTION APPLY TO ALL TYPES OF CLAIMS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT WARRANTY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER ZIVOYA HAS BEEN OR NOT ADVISED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
4.3. Protection: You agree to indemnify, defend and hold ZIVOYA, , its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer and / or ZIVOYA harmless regarding this Agreement or the Service from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by or on behalf of Customer or any third party or user of the Customer for claims related to this Agreement and / or the Services provided under this Agreement. This paragraph shall survive the termination of this Agreement.
4.4. Warranty Service: ZIVOYA does not provide expressed or implied warranty, including but not limited to any warranty of merchantability of the Service or your application for any specific purpose. ZIVOYA does not guarantee that the Service will be free of interruptions, delays, errors, degradation of voice quality, or loss of content, data or information transmitted. Neither ZIVOYA nor its officers, directors, employees, affiliates, agents or any other service provider who furnishes services to Customer and / or ZIVOYA regarding this Agreement or the Service will be responsible for unauthorized access to ZIVOYA's facilities or to their equipment, or for unauthorized access, tampering, theft and / or destruction of Customer's data files, programs, procedures and / or information either by accident, fraudulent means or devices or by any other method, regardless of whether such damage occurs as a result of ZIVOYA's negligence or any service provider who furnishes services to Customer and / or ZIVOYA in connection with this Agreement or the Service. Statements and descriptions concerning the Service, provided by ZIVOYA, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to Customer and / or ZIVOYA regarding this Agreement or the Service, are only informative and not issued as a guarantee of any kind.
4.5. Third Party Beneficiaries: No provision of this Agreement provides any person or entity other than the parties to this Agreement, rights to remedies, claims, liabilities, refunds, or generates any action or creates any rights for the benefit of third parties to this Contract.
4.6. Content: You are responsible for any and every contingency that may arise in relation to content transmitted by or to you or by Users using the Services you hired under this Agreement. You certify that the use of the Services and content of communications is complies at all times with all applicable laws, applicable regulations and written and electronic instructions for use of the Service. ZIVOYA reserves the right to terminate or suspend the Services so affected and / or remove content transmitted in such communication, if ZIVOYA determines in its sole discretion, that such use or content does not agree with the requirements arising from this Contract or interfere with the ability of ZIVOYA to provide services to you or other customers or receives notice from a third party for the use you or Users using the Services you hired under this Agreement or the content of your communications may violate any law or regulation. The act or omission by ZIVOYA for the discussion in this section does not constitute endorsement of the use by you or Users using the Services by you under this Agreement hired of the Service or the content of their communications. You shall indemnify, defend and hold ZIVOYA harmless against any and all contingency that may arise from the usage You or Users using the Services contracted by You under this Agreement give the service or the content of their communications. For the purposes of this section, a "User" means any person, whether authorized or not to use or have used the service contracted by You under this Agreement.
5. JURISDICTION: The Parties agree that this Agreement and the relationship between them with reason and occasion of this Agreement are governed by the laws of the State of Florida without regard to any conflict of law provisions, expressly waiving any other forum and / or jurisdiction. You and ZIVOYA agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Florida. The inability of ZIVOYA to exercise or enforce any right or provision under this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is declared invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the intentions that the parties had to agree to such provision. Of the other provisions of this Agreement the same shall continue in full force of law. You agree that regardless of any statute or law to the contrary, any claim relating to this Agreement or the Service provided under this Agreement must be communicated to the other party within one year after such claim or cause arising which it occurred otherwise or be forever barred.
6. GENERAL PROVISIONS
6.1. Uniqueness of Agreement: This Agreement and the monthly charges for services that are published on the website of ZIVOYA constitute the entire agreement between you and ZIVOYA and governs the use You must give the Service, superseding any prior agreements entered into between You and ZIVOYA and any other statement, agreement, written undertaking or representation with respect to the Service hired by You under this Agreement. No addenda shall be binding to ZIVOYA unless in accordance with the information specified in Article Two (2) of this Agreement.
6.2. Validity: If any provision of this Agreement is legally declared invalid or unenforceable, all other provisions of this Agreement shall remain valid and enforceable. Such invalidity or unenforceability shall not invalidate or render unenforceable any other change into provision of this Agreement.
6.3. Assignment: ZIVOYA may assign all or part of this contract, but you may not assign this contract without prior written authorization by ZIVOYA.
8. COMMUNICATIONS: Customer Communications by ZIVOYA can be made by any of the following means: (I) Announcing the section "Service Announcements" on the Application and / or (II) send an e-mail or text Message to the registered information on the customer's file ZIVOYA. You are responsible for notifying ZIVOYA of any change in your e-mail sending to this effect an email to the address firstname.lastname@example.org. ZIVOYA will continue to use the previous e-mail address unless and until ZIVOYA has received your communication of address change. Communications will be deemed given and binding on the Parties on the date posted or sent by ZIVOYA. Effective and Posted on: April 18, 2008.