TERMS OF CONDITIONS
INTRODUCTION
This document "Terms of Service (TOS)," constitutes an agreement between Panda Global Communications, LLC. (DBA Tollfreeforwarding.com and hereinafter called "PGC," "the Company," "we," "our," "us," and/or words of a correlative or similar meaning which may include but not be limited to all of its agents, assigns and/or representatives) a California Limited Liability Company and the end-user (hereinafter called "Customer," "user," "you," "your" and/or words of a correlative or similar meaning- which, for the purposes of this agreement means the person(s) identified in PGC's account records as the person responsible for payment of all charges or any other person(s) and/or assign which represents that person(s).
The Company is a provider of international telecommunications services. This document provides an in-depth description of our limits, warranties and acceptable use. In the event of ambiguity of between website information and this document, this document, "Terms of Service" dictates.
BY ENROLLING IN, USING, OR PAYING FOR THE SERVICE(S), YOU AGREE TO THE PRICES, CHARGES AND THE TERMS OF SERVICE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE PRICES, CHARGES AND TERMS OF SERVICE, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY EITHER ONLINE OR BY PHONE DURING OUR NORMAL BUSINESS HOURS.
We may change the terms of this agreement from time to time, without prior notice to you. Notices of amendment(s) made to this agreement will be considered given and effective on the date that such amendment(s) are posted at www.tollfreeforwarding.com. Further, the agreement posted there supersedes all previous agreed to electronic and/or written Terms of Service.
ARTICLE 1- SERVICE
1.1 The Company provides both domestic and international local and toll-free phone numbers for use to forward to a designated ring-to destination.
1.2 Service is provided on a month-to-month basis or an annual term, depending on the package you select at the time you place your order. Subsequent terms of this agreement will automatically renew on a calendar monthly/yearly basis (whichever applicable) without further action by you unless you arrange to cancel your Service. You are purchasing the Service for full monthly or annual terms (whichever applicable) which means that if you cancel your Service prior to the end of the term, you are still responsible for the full term's charges and any unbilled charges and/or fees to the end of the then-current term, all of which becomes immediately due and payable.
1.3 You acknowledge and understand that the Service provided you by PGC is not a traditional telephone service. Accordingly, the Service is subject to different regulatory treatment which may differ from the regulatory treatment of traditional telephone services; such difference(s) may limit or otherwise affect your rights before telecom regulating agencies and/or departments and organizations.
1.4 The Company does not guarantee backup data for any voicemail message(s), fax data and/or transmission(s), voicemail greeting(s) or any other data/transmission(s) sent through its systems. It is possible to lose said data, and in such case, said data cannot be recovered; regardless of the circumstances surrounding such a loss, PGC shall not be held liable for any loss or harm resulting from your use of these optional services.
1.5 The Service(s) provided to you by PGC stand independent of any third party carrier(s) and/or other service provider(s) you may be using, or will use, in conjunction with our Service. This agreement applies only to those Services which are owned and managed by PGC. In no way does this agreement cancel or amend any existing agreement(s) you may already have in place, or will have, with any third party carrier and/or service provider(s). Your agreement(s) with any and all third party carrier(s) and/or other service provider(s) are between you and the third party carrier(s) and/or other service provider(s). Such agreement(s) are NOT applicable to the Services provided to you by PGC. Further, PGC shall not be held liable for any action(s), or lack thereof, inadequacies and/or failures of any third party carrier(s) and/or service provider(s) you use in conjunction with the Service. You agree that you are solely responsible for any and all fee(s) due to any and all third party carrier(s) and/or other service provider(s) you use in conjunction with our Service.
ARTICLE 2- SUBSCRIBER ACCESS
2.1 Upon setting up your account with PGC, PGC will assign you a unique password for easy access to your online account at the PGC operated website. Should you elect to do so, you may change your assigned username and/or password by logging on to the PGC operated website.
2.2 It is your responsibility to maintain the security and confidentiality of your account username and password at all times and you are solely responsible for any liability or damages resulting from your failure to maintain that security and confidentiality and for all activities that occur under your username and password. You must notify us immediately if you believe that your online account with PGC has been compromised by unauthorized access so that we may assign you a new username and/or password. All username and password resets will be sent only via email.
ARTICLE 3- ACCOUNT OWNERSHIP
3.1 The owner of a PGC account is the person named as "Primary" contact in PGCs account database. No other person or entity, named or unnamed, shall maintain ownership or rights to the account nor Service(s) provided therein.
3.2 You may not transfer ownership of your TollFree account, nor the Services provided therein, to any party without the expressed consent of PGC.
3.3 In the event of a dispute regarding account ownership, PGC shall, in its sole discretion, determine the rightful owner.
ARTICLE 4-DIRECTORY LISTING/ PUBLICATION OF NUMBER(S)
4.1 We do not publish directories of any of the phone numbers owned and managed by PGC. Further, we will not assist you in publishing any of the phone number(s), provided you by PGC, in any directory.
4.2 It is possible for your phone number(s) to have been listed in a directory and/or on a website(s) or other publications at the request of the previous subscriber of your phone number(s) - this factor is beyond our control and we shall not be held liable for any harm or loss resulting from such. If you receive phone calls from a previous subscriber's callers, which is not uncommon, you should contact us immediately to cancel that phone number(s) and select a replacement phone number(s). Please note that you will not receive credit(s) for any such calls so it is in your best interest to contact us immediately to cancel the phone number(s).
4.3 PGC will not reimburse you, in any way, for any cost(s) associated with the publication of your PGC phone number(s). You are solely responsible for any costs, fees, damages and/or losses related to the publication of the phone number(s) we provide you.
ARTICLE 5- COLLECT CALL AND OPERATOR SERVICES
5.1 Our Services do not support collect calls or operator services.
ARTICLE 6- RESTRICTIONS ON USE
6.1 You agree to use the Service(s) provided you by PGC for legal and legitimate purposes. Unlawful, improper and/or illegitimate use may be defined by PGC or by any official government police agency which notifies PGC of your unlawful use of the Service it provides to you.
6.2 You are liable for any and all content transmitted through the Service provide you by PGC. You are solely liable for the content of any and all transmissions sent through PGC systems as a result of your use of the Service, regardless of whether or not such content is solicited or unsolicited.
6.3 You shall not use the Service provide you by PGC for transmitting obscene, fraudulent, harassing, infringing, libelous or otherwise unethical content. Further, you shall not use the Service for distributing junk mail, chain letters, "spamming," telephonic solicitations of any kind or nature or other such communications or content, regardless of whether or not such content is solicited or unsolicited.
6.4 PGC reserves the right to restrict termination to certain geographical regions and/or certain special services hotlines at its sole discretion. Additionally, PGC reserves the right to refuse service to certain geographical regions at its sole discretion.
6.5 PGC may immediately cancel your Service and repossess any and all phone number(s) associated with your account if/when your use of the Service(s) provided to you interfere in any way with PGC's ability to provide Service(s) and products to its other customers.
6.6 Your use of the Service(s) provided you by PGC subjects you to any and all federal, state and local laws within the fifty states of the Continental United States of America and/or any and all international laws and regulations.
6.7 Should your use of the Service(s) provided you by PGC be deemed of a fraudulent, unethical or otherwise prohibited nature, by PGC, PGC reserves the right to immediately close your account, terminate all Service to it and repossess and re-assign any and all phone number(s) associated with said account, and deem forfeit any remaining balance on your PGC account. PGC shall not be held liable for any harm or loss you experience as a result of such actions.
6.8 The Services may not be used to support a calling card platform of any kind.
6.9 Foreign carriers and/or regulatory agencies may impose, upon the end-to-end international service they provide, limitations, restrictions and/or cease entirely your ability to use the Service PGC provides you at anytime, without prior notice. In such case, you must conform to said limitations, restrictions and/or entire cessation of service by the foreign carriers and/or regulatory agencies.
6.10 You are not authorized to charge services provided to you to the phone number(s) assigned to you by PGC and you may not request that any third-party service provider charge any such services to any number(s) provided you by PGC. Any such activity will constitute just cause for PGC to immediately cancel your Service and charge your credit/debit card for said charges. PGC shall not be held be held liable for any harm, loss or damages arising from such actions.
6.11 We may temporarily suspend and/or cancel Service to your account if you change your ring-to destination to a geographical region in which we prohibit termination. In such case, your account and phone number(s) will be disabled until your account is manually reviewed by our staff and/or cancelled entirely.
6.12 You agree to comply with all applicable foreign and domestic laws and rules and regulations regarding the transmission of technical data exported or imported from the United States to your ring-to destination country. Further, you agree to hold PGC harmless of any damages or liabilities, of any kind, related to your violation of U.S. and/or International laws, rules and/or regulations while you are a customer of PGC.
ARTICLE 7- FREE TRIAL OFFER
7.1 PGC reserves the right to amend and/or discontinue its free trial offer at anytime without prior notification.
7.2 PGC reserves the right to establish and/or amend the criteria for qualification of its free trial offer at anytime, without prior notification.
7.3 Basic requirements for our free trial offer include, but are not limited to the following:
- You have presented a valid credit/debit card for payment; and you are the legal and authorized user and owner of said credit/debit card.
- Upon AUTHORIZATION, your credit/debit card is approved by your bank or financial institution
- You have completed our email verification process
- You have had no previous account(s) with PGC
- Your order is approved upon manual review by our support and sales staff
7.4 By signing up for our free trial offer you are herby authorizing PGC to initiate an AUTHORIZATION against your credit/debit card's available balance in an amount equal to the total monthly/annual cost of the phone number(s) you have ordered; this means that the funds that are authorized may not be considered available funds in said account. Further, once the free trial concludes, PGC will immediately charge the credit/debit card you have presented for payment, regardless of whether or not you used the Service during the trial period, without further authorization, unless you present a different credit/debit card (which would then be billed immediately) or if you arrange to cancel Service prior to the conclusion of the free trial period. This immediate charge to your credit/debit card, following the free trial period, is completely NON-REFUNDABLE.
7.5 Conclusion of the free trial period does not automatically terminate your Service, rather, it converts your account into a regular and ongoing paid account.
7.6 If you are granted our free trial offer, your free trial will expire at the end of the stated term or upon the exhaustion of the free call time credit, whichever should occur first. If you do not cancel your Service during the free trial period, you authorize us to charge your credit/debit card immediately following the free trial and to continue charging the credit/debit card(s) on file for your account, without prior notice to you, each month or whenever your balance reaches its low balance threshold or until such time as you cancel your Service and all fees and charges due have been paid in full.
7.7 The free trial/demo call time credit may not be transferred, exchanged, refunded or used to pay monthly Service charge(s), unbilled charges or any other fees and charges of PGC.
7.8 If you cancel before the free trial/demo expires you will not be billed for the account you have cancelled. If you cancel before the free trial/demo expires, the authorization against your credit/debit card may remain in effect for 3-4 additional days after cancellation. You may wish to contact your bank or financial institution to ascertain their policies in such matters, as each bank and/or financial institution varies in their policies on such matters.
7.9 During the setup of your account, any and all phone number(s) you order will remain in our pool of available phone numbers until you have completed the order process and your account has been approved and activated by PGC; it is possible, during the setup of your account, for another subscriber to purchase the phone number(s) you selected before your account is approved and activated. In such case, once your account is approved and activated, you will need to select a different phone number(s) from our pool of available phone numbers.
7.10 While we make every effort to review and activate accounts instantly, it is not uncommon to experience a brief delay. If this occurs, during this brief period, any phone number(s) you selected at sign-up will remain in our pool of available phone numbers and may be purchased by another subscriber. In such case, you will need to select a different phone number(s) if/when your PGC account is activated. PGC shall not be liable for any harm or loss arising from such a case.
ARTICLE 8- INSTANT ACTIVATION
8.1 If you provide a free email address at sign-up (i.e. yahoo, gmail, hotmail, live, etc.) your account may not be activated instantly. Additionally, we may require that you submit images of the front and back of the credit/debit card you've presented and images of your official identification (if your selected payment method is other than a credit/debit card, an image of your official identification may be required) before your account can be approved. Please allow at least 24 business hours for processing of this information.
8.2 You may not begin using the phone number(s) you've ordered until such time as your account is approved and activated by us.
ARTICLE 9- REGISTRATION
9.1 When signing up for our Services you agree to furnish a true and accurate representation of your identity, contact information and billing information; and at subsequent times at the request of PGC. If you provide false or misleading information, or if we have reason to believe that you have presented false or misleading information, we reserve the right to cancel your account, any Services related to your account and refuse any and all of your current and future attempts to establish Service with us.
9.2 If you attempt to signup for an account which is affiliated, in any way, to an account which has been closed by our Legal Department, your request for Service will be denied and you will need to seek services elsewhere.
ARTICLE 10- FEES, TAXES AND OTHER CHARGES
10.1 Payment(s) are due, in full, on the first day of each monthly/annual term ("due date"). If payment is not received on or by the due date, PGC will temporarily suspend your Service and you will then be subject to an $12USD reconnection fee, per each line on your account, which must be paid immediately in addition to any outstanding balance(s) you owe (if applicable) in order to restore service.
10.2 If we cannot collect payment from your credit/debit card(s), on the payment due date, regardless of whether or not your Service is suspended by PGC or not, your account will be closed within 29 days, your phone number(s) repossessed and re-assigned, and a late fee of 1.5%, or the maximum late fee applicable in your jurisdiction, will be assessed to your total outstanding balance. If your payment method is a manual payment, you must remit payment at least 4 days before the due date; regardless of whether or not your Service is suspended by PGC or not, if payment is not received within 4 days of the due date, your account will be closed within 29 days of the 4thday before the due date, your phone number(s) repossessed and re-assigned, and a late fee of 1.5%, or the maximum late fee applicable in your jurisdiction, will be assessed to your total outstanding balance.
10.3 You agree to pay PGC all fees and charges as set forth on the PGC operated website. Further, you agree to pay all applicable taxes, surcharges and other government imposed fees for use of the Service(s) provided you by PGC unless you furnish us with proper and officially recognized tax exemption documentation. In the case that you furnish proper and officially recognized tax exemption documentation, said tax exemption will only apply from the date we receive said document, forward. You agree that the filing of all applications and/or forms or statements and reports, with respect to payment of taxes to federal, state and/or local taxing agencies and/or authorities, is your sole responsibility; you hereby release PGC from any and all responsibility and/or harm and loss with respect to this provision.
10.4 Payments made via PayPal, bank check and/or money order, are considered "manual payments." All manual payments which are less than $30USD will be assessed a $2USD handling fee which will be deducted from the total payment prior to posting to your account. To avoid being assessed the $2USD handling fee you should send funds in increments of $30USD or more.
10.5 A $15USD handling fee will be assessed to any wire transfer payment(s) made to PGC which are less than $500USD. There is no fee for wire transfer payment(s) which exceed $500USD.
10.6 A $25USD handling fee will be assessed to your account and/or other payment method(s) if/when any bank check(s) and/or money order(s) you provide to us is returned for insufficient funds (or any other reason). Further, PGC will not accept further check payment(s) or money order(s) from you as a result of an NSF notification it receives in response to our attempt to deposit said payment(s).
10.7 You will be billed for all traffic volume you accumulate per the rate schedule outlined under the "Rates" tab on our website, regardless of whether or not such volume was accumulated as a result of solicited or unsolicited calls, calls intended for you or not. All billings for all traffic volume is billed in per-minute increments; further, we will round partial minutes up to the next full minute. Additionally, we will bill fractional usage charges in full cents and will round cents up when the value is $0.005 or more and down when the value is less than $0.005, unless we expressly state otherwise on our website.
10.8 Any federal, state and/or local fees and/or taxes levied against PGC as a result of your use of the Service will be charged to your PGC account unless you provide proper and recognized tax exemption documentation.
10.9 Any chargeback(s) or "account inquiries" received by PGC, with respect to a form of payment being used on your account, is just cause for PGC to immediately cancel your Service(s). Further, any and all phone number(s) associated with your account will be repossessed and may be re-assigned to another customer. Additionally, a $35USD fee will be assessed to your account per each chargeback received. Should you request to re-open the account, or any other account, at a later time, you must first satisfy the following requirements:
- Pay ALL outstanding fees and other charges associated with the account that was cancelled as a result of the chargeback(s).
- Pay a non-refundable restoration of service deposit of $150USD, AFTER, all outstanding fees and other charges have been PAID IN FULL. This restoration of service deposit will then be applied to the account you wish to open. Please note that the restoration of service deposit accrues no interest whatsoever and is completely NON-REFUNDABLE.
- Complete and return to us a credit authorization form, including all necessary components thereof.
- Send any and all future payments via either certified money order or wire transfer (this includes payment of the outstanding fees and charges + the restoration of service deposit).
10.10 Should you leave an outstanding balance on your account and later return to re-open the account or establish a new account, PGC reserves the right to charge the credit/debit card you present to recover the outstanding balance owed on your previous account. Should you leave a negative balance and later return to re-open the account or establish new service, and you do not use a credit/debit card to fund the account, PGC reserves the right to first apply any and all such payment(s) to your outstanding balance until it is PAID IN FULL. Additionally, you must complete and return to us a signed Outstanding Balance Recovery Authorization form before we can open your account.
10.11 A fee of $15USD will be assessed to your credit/debit card, or other payment method(s), for each micropayment(s) made to your account, which are less than $30USD.
10.12 All attempted credit/debit card transactions in excess of five transactions per month (approved or declined by your bank/financial institution) will result in an excessive transaction fee of $8USD per transaction in excess of five per month.
10.13 Any and all handling fees, taxes or any other fee(s) assessed to your account and/or listed in this TOS agreement are completely NONREFUNDABLE.
10.14 Any fee(s) not listed in this agreement are posted on the PGC operated website, under the "Rates" tab,for your review.
ARTICLE 11- PAYMENTS AND BILLING
11.1 Rate information may be found under the "Rates" tab at: www.tollfreeforwarding.com. We may increase or decrease our rates from time to time, without prior notice. If such notice is given, such notice will be considered given and effective on the date such changes are made to the rate schedule and/or posted at the PGC website address. The new rates listed there supersede any and all previously agreed to rates.
11.2 You may obtain a monthly billing statement detailing usage for the previous month by accessing your online web account at the PGC operated website at the beginning of each month.
11.3 PGC reserves the right to suspend or cancel your account and repossess and re-assign any phone number(s) associated with your account, without prior notice, for non-payment or any violation of any provision of this agreement.
11.4 You agree that you are solely responsible for ensuring that you maintain an adequate PGC account balance. While we may periodically send you email notifications regarding your account's status, we are not obligated to do so. Accordingly, in the event that we attempt to notify you of your account's status and are unsuccessful, you hold PGC harmless of any harm or loss resulting from the suspension and/or cancellation of your account and/or repossession and re-assignment of your phone number(s) as a result of the same.
11.5 You may make payment to PGC in any one of the following ways: major credit/debit card (Visa, Mastercard, AMEX or Discover), bank check, money order, PayPal and/or wire transfer. Please note that a fee of $25USD will be assessed to your account per each credit/debit card decline when credit/debit card declines exceed four (4) in a given month. Said fee(s) are due immediately in addition to any and all outstanding balance(s) you may owe. By entering a credit/debit card into our system you are expressly authorizing continuous charges to the credit/debit card you enter, automatically, whenever your prepaid balance falls below its "low-balance" threshold.
11.6 We begin billing you for call time when the called party, or a voicemail system, answering machine, facsimile machine, a 'key press' greeting and/or a PBX/Auto Attendant, answers the call, and ends when one of the parties disconnects the call. It is important to note, however, that some foreign carriers with whom PGC must interconnect with in order to terminate calls to foreign regions, designate a call as "answered" at the first ring or after a certain number of rings and will thereby charge PGC for a completed call. In cases such as this, PGC will charge you as if the call was answered by the called party.
11.7 We reserve the right to obtain payment from any and all credit/debit card(s) on file for your account with PGC, at anytime, without further authorization. Further, if payment is not immediately available on said card(s), we reserve the right to continue to attempt to obtain payment until such a time as payment is successful.
11.8 If, as a result of our billing system and processes, your bank or financial account becomes overdrawn, you will be the sole party responsible for said fee(s). PGC will not reimburse you for any such fee(s) nor shall it be liable for any harm or loss you experience as a result of such.
11.9 We reserve the right to refuse or reject payments sent to us form "unconfirmed" and/or "unverified" PayPal accounts. If your PayPal payment is accepted by our Accounting Department, your payment will be posted to your PGC account within 24 business hours. Further, all such payments are posted in the order in which they were received.
11.10 Before we will accept any wire transfer, bank check or money order payment(s) from you, we require that an image of your official government-issued identification be on file with our Accounting Department. Any such payment(s) sent, without first being given written approval to proceed with payment by our Accounting Department, will be held until verifiable identification has been received and approved by our Accounting Department. In such case, if identification is not received within seven (7) days from the date we receive your payment, your funds will be deemed forfeit and will be deposited by PGC.
11.11 All monies are payable to us in US currency only. If you send funds in any other currency, PGC may either reject your payment or convert the payment into US dollars using the exchange rate in effect at that time and assess a 2.5% conversion fee on your payment, which will be deducted from the payment after conversion.
11.12 You may not lower your account's Payment Settings below the minimum monthly/annual fee due for the phone number(s) you subscribe to.
11.13 We ask that you please allow at least 24 business hours, from the time we receive your check, money order, PayPal or wire transfer payment(s), to have the payment(s) applied to your account. If your payment is received over the weekend period, your payment, if it is to be posted, will be applied to your account the following Monday; if your payment is received during a U.S. holiday period, your payment will be applied to your account on the following business day in which we are opened. If you have not completed our ‘email verification' process, your payment will be held until such time as you complete the email verification process on our website.
11.14 If PGC finds that you are unable to pay for your Service, PGC reserves the right to require that you fund your account within a specified number of days and that all future payment(s) be made via money order or wire transfer only.
11.15 We will not honor any limiting notations you make on/with your check, money order, wire transfer, PayPal and/or credit card payment(s).
11.16 We reserve the right to dispute any chargeback initiated by you or your bank. Further, you agree that PGC may furnish any and all information it has on file for your account to the chargeback originating banking or financial Institution in an effort to validate our dispute of the chargeback(s).
11.17 You are solely responsible for updating your payment method whenever changes occur such as a change in your billing address, name, credit/debit card number, lost/stolen credit/debit card and the like.
11.18 By default, your account's Payment Settings are set to indicate a minimum "Normal Balance," which is set by default as the total minimum monthly/annual fee due for the phone number(s) you subscribe to. Cancellation of a phone number(s) will not automatically adjust your account's Payment Settings to reflect the new total minimum monthly/annual fee due. If you decide to cancel a phone number(s) from your account, you must adjust your account's Payment Settings to reflect the change; if you fail to do so, your account will continue to be replenished, at minimum, to the "Normal Balance" value in place prior to the cancellation of the phone number(s) you cancelled. NO ADJUSTMENTS will be given to your credit/debit card in such case; any excess amount charged will remain available on your account until it is exhausted.
11.20 When you receive your credit/debit card statement(s) our name may appear on your statement as either "TollFreeForwaridng.com" or "Panda Global Communications."
ARTICLE 12- AFFILIATE PROGRAMS
12.1 We may, at our sole discretion, offer affiliate based programs which offer bonuses and/or credits to PGC subscribers who participate in such programs. These bonuses and/or credit(s) may not be transferred, exchanged, refunded or used to pay monthly Service charge(s), unbilled charges or any other fees and charges of PGC; further, such bonuses and/or credit(s) may not be redeemed upon your account's cancellation or suspension.
12.2 Bonuses for participation in any our affiliate based programs are given only for the first six months of your participation in said program. No further bonuses/credits will be applied to your account when your participation in said program exceeds six months.
12.2 We reserve the right to discontinue any and/or all of our affiliate based programs at anytime, without further notice to you. Additionally, we reserve the right to modify, amend, adjust or cancel the bonus structure of any of our affiliate based programs at anytime, without further notice.
12.3 We reserve the right to determine the criteria and qualifications for our affiliate based programs. Not all accounts will qualify.
ARTICLE 13- VANITY/CUSTOM PHONE NUMBERS
13.1 If you order a vanity/custom phone number(s) (i.e. 1-800-O-VANITY) we ask that you please allow at least 2-5 business days for processing of your order. If the vanity phone number you have requested is available for purchase, and we secure the phone number(s) for you, we will send you an email notification to that effect.
13.2 You should not publish a vanity/custom phone number(s) you order until such time as we have given you written notice that the phone number(s) you have ordered are activated on your PGC account and you have thoroughly tested the phone number(s) to ensure that the functionality of said number(s) suits your needs. If you fail to adhere to this provision, or any other provision of this TOS agreement, you do so at your own risk.
13.3 If your Service is cancelled, for any reason, your previously assigned vanity/custom phone number may be re-assigned, immediately, to another subscriber.
ARTICLE 13- PORTABILITY
13.1 You agree that PGC maintains exclusive ownership of the Service(s) it provides to you.
13.2 You agree and understand that PGC is unable to influence the outcome of your request to port a number(s) into its systems. Further, PGC does not guarantee that your port request will be a success. If your transfer is a success, generally speaking, transfer requests for toll-free phone numbers, porting into our systems, take between 3-5 business days to process- it is important to note that this time frame is largely dependent on the speed with which your current provider responds to our request to port the phone number(s) into our systems. It is not uncommon for a transfer request to take longer than 3-5 business days, however. If your transfer request is unsuccessful, we may notify you of the response we received from your current provider; in such case, you may have the option of resubmitting the request.
13.3 You may port a phone number(s) away from PGC provided your account with PGC is active, in good standing, all monthly and/or annual dues (including any unbilled charges and/or fees) have been PAID IN FULL, we have received a transfer request from your new carrier requesting to port the phone number(s) away and the phone number(s) you are requesting to port have each been active on your PGC account for at least 90 days. If your PGC account does not satisfy ALL of the aforementioned criteria, PGC reserves the right to reject your request to port said phone number(s) away from PGC and you hereby waive any right to contest the rejection. If the port is successful, we will terminate our Service for that phone number(s); if unsuccessful, for any reason, our Service to the phone number(s) you were attempting to port away from PGC will not terminate and you will continue to be responsible for paying PGC all charges and fees for the phone number(s) in question.
13.4 If the phone number(s) you are attempting to port away from PGC are custom/vanity (i.e. 1-800-TOLLFREE) phone number(s), which PGC secured for you, a $71USD fee must be paid to PGC and your PGC account must satisfy all of the criteria listed of lines 1-4 of section 13.3, before we will authorize the release.
13.5 You may port a phone number(s) into our systems provided you are the current owner of the phone number(s) you wish to port, you have an active PGC account in good standing, your request to port the phone number(s) has been accepted and approved by the current carrier of said phone number(s) and you have paid the monthly cost(s), upfront, for each of the phone number(s) you wish to port into our system(s).
13.6 A successful port request does not constitute the cancellation of your PGC account. If you request to port a phone number(s) away from PGC, and your request is approved and the phone number(s) released, you will remain responsible for any and all phone number(s) and/or Services you still have with us. You will continue to be responsible for all charges and fees associated with the remaining Services on your account with PGC until such time as you cancel your Service with us ENTIRELY.
ARTICLE 14- REFUND POLICY
14.1 PGC will, upon your request, issue a refund of the UNUSED portion of your PGC account balance less any monthly dues and/or fees and other charges. All refunds must be processed through PGC and NOT BY CONTACTING YOUR CREDIT CARD COMPANY.
14.2 A 20% handling fee will be assessed on refunds in which the original form of payment was either: PayPal, bank check, money order or wire transfer. Further, all such payments are refunded only via PayPal- no exceptions will be made.
14.3 If you request a refund, and the original form of payment was a credit/debit card, and the refund cannot be processed back to said card, for whatever reason, you must setup a PayPal account (if you don't already have one) in order to receive your refund. Once you have established your PayPal account you should notify our Billing Department directly to inform them of the particulars of the PayPal account you would like your refund issued to.
14.4 If you make a payment to PGC, and PGC suspects that you are or have been associated with fraud using our Service, your payment will be deemed forfeit immediately upon receipt. Accordingly, you will not be eligible for a refund of monies paid to PGC. PGC shall not be held liable for any harm or loss resulting from such action.
14.5 No credit allowance(s)/refund(s) will be issued, whatsoever, for any of the following, including but not limited to: non-usage, interruption of service, hung call(s), misdialed call(s), or any other activity which increases your call volume and/or account usage.
14.6 If you do not agree with a charge(s) to your account and/or credit/debit card, with respect to your account with PGC, you must notify us in writing both at Billing@tollfreeforwarding.com and at the address written below, within thirty (30) days of the disputed transaction, with details substantiating the request. If you fail to notify us, as outlined above, within the time frame specified above, you agree to waive any and all right(s) to contest the transaction(s) in question. In no way does a billing adjustment/refund request constitute just cause for any delay in payment of the full amount due. Should PGC find that the billing adjustment/refund request is warranted, PGC will issue a credit to your PGC account within thirty (30) days of said decision.
- Panda Global Communications, LLC.
- Attention: CST- Billing Department
- 5959 W. Century Blvd.
- Suite 1108
- Los Angeles, CA 90045
ARTICLE 15- CANCELLATION POLICY
15.1 You may cancel your account with PGC, at anytime, provided all agreed upon monthly and/or annual or other dues and all outstandingfees have been PAID IN FULL. If you cancel your account prior to the end of the monthly or annual term (if applicable), you will still be responsible for the dues for that term and any other unbilled charges and/or fees, to the end of the term; the sum total of this amount is due immediately and will be charged to your credit/debit card.
15.2 PGC reserves the right to discontinue furnishing Services to you, cancel your account and/or block your access to our network and online interface, without incurring liability and without prior notice, if you breach any provision of this agreement in any way or if we deem such action necessary to protect us from fraud or otherwise protect our personnel, facilities or services. Without limitation, we may take any and all of the actions listed within this agreement at our sole discretion. Further, we reserve the right to suspend or discontinue service generally, at anytime, without prior notice.
15.3 If your account is cancelled, cancellation will take immediate effect. All Service(s) associated with your account will be immediately disabled and may not be available at a later date/time. Any and all phone number(s) associated with your account will be recycled back into our pool of available phone numbers for other customers to purchase. You will not be able to use any of the facilities and/or Services associated with your account after cancellation.
15.4 PGC does not have the ability to schedule cancellation for a future time/date.
15.5 Cancellation may be made online, by phone or via email. Please note that if you elect to email your request to cancel, your request may not be fulfilled immediately and may take up to ten (10) business days to process after we receive your email; during this time, your account will remain active and will continue to accrue charges and/or fees until such time as your request is processed completely. Further, if you elect to cancel via email you must contact us within the ten (10) day period to confirm that cancellation was completed and to obtain your cancellation confirmation number; if you do not obtain a cancellation confirmation number, your account may still be active and you will remain liable for any and all charges and or fees accrued.
15.6 You understand that following the cancellation of your service, for any reason, your previously assigned phone number(s) may be re-assigned, immediately, to another customer. Further, you agree that PGC shall not be liable for any damages (including but not limited to consequential or special damages) arising out of any such re-assignment and you hereby waive any claims with respect to such re-assignment, whether based on contractual, tort or other grounds, even if PGC has been advised of the possibility of damages.
ARTICLE 16- OUR RIGHTS TO LIMIT OR TERMINATE SERVICE OR THIS AGREEMENT
16.1 PGC can, without prior notice, limit or terminate the Service(s) it provides to you for this or any other good cause, including but not limited to: (I) if you or any user of your PGC account: (a) breach this agreement in any way; (b) provide false or misleading information about your identity; (c) use our service in anyway that disrupts our ability to provide Services to our existing customers; (d) use our service in any way that adversely affects our relationship with our vendors and/or our ability to offer Services to our future customers; (e) provide false or misleading credit and/or financial information to us; (f) become insolvent or go bankrupt; (g) are involved, either directly or indirectly, in any official police investigation PGC receives notification of; (h) constantly express your dissatisfaction with our Service and hinder, in any way, our ability to remedy any issues you may have with your Service (which may include, but is not limited to: constant phone calls and/or emails to us about the issues you have reported); (i) steal from us; j) interfere with our operations and/or network quality in any way; (k) refuse to pay when billed for service; (l) refuse to furnish information requested by us or present false or misleading information which is essential for billing purposes or for establishing your creditworthiness; (m) act in a manner that is threatening, harassing, obscene or otherwise inappropriate and/or abusive towards our representatives; (n) use our services in a fraudulent manner with the intent to deceive; (o) have been given written notice of an outstanding balance owed to us yet your balance remains unpaid for twenty-nine (29) days; (p) were previously served with notice of your breach of this agreement, were allowed to and took corrective action, but thereafter engaged in the same breach activity or a new breach of this agreement; (q) act in a manner which hinders or frustrates any investigation by us or others having legal authority to investigate our legal obligations.
16.2 If you file for bankruptcy, our rights to limit and/or terminate your Service and/or this agreement shall be governed by bankruptcy law.
16.3 PGC may limit or terminate your Service as a result of any new governmental regulations and policies, whether domestic or international, which it must adhere to.
ARTICLE 17- WARRANTY DISCLAIMER
17.1 PGC WILL MAKE ALL REASONABLE EFFORTS, UNDER THE CIRCUMSTANCES, TO MAINTAIN ITS OVERALL NETWORK QUALITY. PGC MAKES NO WARRANTIES ABOUT THE SERVICE PROVIDED HEREUNDER, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTIBILITY, COMPLETENESS, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ACCORDINGLY, ALL SERVICES OFFERED BY PGC ARE PROVIDEDON AN "AS IS" AND "AS AVAILABLE" BASIS. NO CREDIT ALLOWANCES ARE PROVIDED FOR INTERUPTION OF SERVICE OF ANY KIND. IN NO EVENT SHALL PGC BE HELD LIABLE TO YOU NOR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, ACTUAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION TO, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF YOUR CLIENT(S) GOODWILL, ARISING IN ANY MANNER FROM THIS AGREEMENT AND OR THE PERFORMANCE OR NONPERFORMANCE HEREUNDER. NEITHER PARTY SHALL BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF ANY PARTY OF THIS AGREEMENT, OTHER THAN FOR ANY DELAY OR FAILURE IN AN OBLIGATION TO PAY MONEY, TO THE EXTENT SUCH DELAY OR FAILURE IS CAUSED BY FIRE, FLOOD, EXPLOSION, ACCIDENT, WAR STRIKE, EMBARGO, GOVERNMENTAL REQUIREMENT, CIVIL OR MILITARY AUTHORITY, ACT OF GOD, INABILITY TO SECURE MATERIALS OR LABOR OF ANY OTHER CAUSES BEYOND THEIR REASONABLE CONTROL. ANY SUCH DELAY OR FAILURE SHALL SUSPEND THIS AGREEMENT UNTIL THE FORCE MAJEURE CEASES AND THE TERM SHALL BE EXTENDED BY THE LENGTH OF THE SUSPENSION. THIS AGREEMENT SUPERCEDES ANY AND ALL PRESENT AND FUTURE AGREEMENTS MADE BETWEEN YOU AND PGC WITH RESPECT TO QUALITY, UP-TIME, RELIABILTY AND GENERAL PERFORMANCE. PGC DOES NOT WARRANTY THE RELIABILTY, UP-TIME, QUALITY AND GENRAL PERFORMANCE OF THE SERIVCE IT PROVIDES TO YOU. FURTHER, PGC MAKES NO WARRANTY THAT THE SERVICE(S) IT PROVIDES TO YOU WILL BE UNINTERRUPTED.
ARTICLE 18- PROPRIETARY
18.1 PGC maintains exclusive ownership of the service interest and title, including but not limited to all of its trademarks, copyrights and other intellectual property. Additionally, PGC maintains sole and exclusive ownership of the all telephone numbers and/or fax numbers managed by PGC's system, voicemail services offered through PGC, fax services offered through PGC and all technologies and software it creates. Any and all rights not expressly stated herein are retained by PGC.
ARTICLE 19- COMMUNICATIONS
19.1 Notices are given by PGC via email, by a general posting on the PGC website and/or via telephone. PGC reserves the right to determine which method of communication it employs to communicate with you.
19.2 PGC will make all reasonable efforts to deliver email notifications to you regarding the status of your account. It is beyond our control if you do not receive the communications we attempt to deliver to your email address. PGC shall not be liable for any harm or loss resulting from the suspension, repossession and/or re-assignment of your assigned phone number(s) and/or cancellation of your account because you did not receive our email communications. Further, we may change or cease entirely all notifications at anytime without prior notice.
19.3 You agree to waive your rights under Regulation E to receive ten (10) days advance notice of the amount that we will debit from your credit/debit card(s) on file for your PGC account. While we may send you email notices from time to time regarding the billing matters of your account, we are not obligated to do so. We may change or cease entirely our notifications at anytime without prior notice.
19.4 When contacting us via e-mail, voicemail, fax and/or postal mail, we ask that you allow at least 24 business hours, from the time we receive your inquiry, to receive a response from us. Occasionally, response times may be greater, depending on the volume of communications we receive from our other customers. All communications we receive are handled in the order in which they were received. If you do not receive a response within 24 business hours, we strongly recommend that you contact us by phone (during our normal business hours) to have your concerns addressed; if you fail to make such contact, in such case, you do so at your own risk and your matter will remain in the queue until it is handled by our support staff.
19.5 When communicating with us via phone you may be asked to verify your account number, the name on file for your account and the full billing address you provided; if you are unable to verify this very basic information our support staff will be unable to assist you. We ask that you please call back when you have this information available.
ARTICLE 20- PRIVACY
20.1 In cooperation with any official investigation, we may disclose any and all of the information we maintain on record for your account, to any police agency, legal entity and/or any other third party which issues us a subpoena(s), search warrant(s), court order(s) or any other official demand(s) for information we maintain on record for your account. In the event that we receive a subpoena(s), search warrant(s), court order(s) and/or any other official demand(s) for information we maintain on record for your account, we reserve the right to immediately cancel your Service, repossess and re-assign any phone number(s) associated with your account and block your access to our website. PGC shall not be held liable for any harm or loss arising from such.
20.2 We may monitor your use of the Service we provide you for violations of this TOS agreement. We may take all necessary actions, we deem fit, if we suspect a breach of this agreement or if think it necessary to protect us from imminent harm or loss.
20.3 During the term of this Agreement, Customer grants the Company a license to use the Customer's name and logo, if applicable, in the Company's promotional material to advertise that the Customer is a client of the Company. The Company agrees that it shall not share, sell, trade, barter or offer for free the use of the Customer's name, logo and affiliate data to any other individual, corporation or entity which is not owned in whole or in part by the Company.
20.4 In an effort to protect our subscribers from credit/debit card fraud, PGC actively analyzes all new accounts and existing accounts to identify and block individuals suspected of fraud from using our Service now and in the future. We may share this data (including, but not limited to, IP addresses, email addresses, the credit/debit card number(s) used, etc.) with third-party payment processors and/or Law Enforcement agencies in an effort to reduce fraud.
ARTICLE 21- BINDING AGREEMENT
21.1 This is a binding agreement. All parties named herein agree to be bound by the terms of this agreement for the life of this agreement.
21.2 You may not transfer your rights and/or obligations under this agreement without the expressed prior written consent of PGC.
ARTICLE 22- HEADINGS OF NO FORCE OR EFFECT
22.1 The headings throughout this agreement are intended for reference only and have no effect or bearing on the meaning of any provision listed herein.
ARTICLE 23- INDEMNIFICATION
23.1 You shall defend, indemnify and hold harmless PGC, its officers, directors, employees and agents from any breach of this Agreement, use of Customer's account or in connection with the placement or transmission of any message, information, software or other content using the Services. PGC shall be defended by attorneys of their choice at Customer's expense.
ARTICLE 24- SEVERABILITY
24.1 Should any parts of this agreement be legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. In such a case, said invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
ARTICLE 25- ADDITIONAL PROVISIONS
25.1 Should a problem/issue arise with your Service you must notify us immediately so that we may remedy, to the best of our ability, the problem/issue you are having with your Service; if you fail to do so, you do so at your own risk.
25.2 You are responsible for reviewing the TOS available on the PGC website for any amendments to this agreement and/or our rates and/or other amendments to our Service. Your continued use of the Service, after PGC's posting of any amended version of its TOS, rates, and/or modifications to its Service, constitutes your acceptance and agreement with any and all amendments made and such modifications/amendments supersede any previous agreements between you and PGC.
25.3 As we are a U.S. based company, we observe all U.S. national holidays. During such times, our offices will be closed; our regular business hours will resume following the holiday period. If you have in inquiry during a period in which our offices are closed, please send us an email at customerservice@tollfreeforwarding.com or call us on the next business day following the holiday period.
25.4 Should you violate any term(s) of this agreement, PGC reserves the right to immediately cancel all Service(s) it provides to you.
25.5 You promise that you are of legal age to enter into this agreement and that you fully understand and fully agree with all of its terms and conditions.
25.6 ALL content on this site is copyright protected and may not be reproduced, adopted, or transmitted without the prior written consent of PGC.
25.7 This constitutes the entire Terms of Service agreement between the parties named herein and this agreement may only be amended by PGC.
No comments:
Post a Comment