I hereby have read and agree to terms and conditions set forth herein. This documentation contains the entire agreement and understanding between the parties concerning the subject matter hereof and there are no representations or promises with are not expressly set forth herein. I agree to the rates above and understand the terms and conditions associated with this agreement. I acknowledge that CLEARCALLINDIA.COM will run credit check based on the information provided. It is understood that service will not be provided unless credit is approved by CLEARCALLINDIA.COM. I agree to the terms and conditions of CLEARCALLINDIA.COM.
I, the Customer, hereby appoint CLEARCALLINDIA.COM, its subsidiaries, and affiliates to act as my agent for ordering, changing and/or maintaining long distance services as indicated. The Customer's use of any common carrier transmission service provided by CLEARCALLINDIA.COM constitutes acceptance of terms and conditions of service. I understand there may be a change charge from the LEC for each line upon conversion of service from another Long Distance Carrier and that I may only designate one Long Distance carrier for each telephone number.
I agree to comfirm that my account will utilize a minimum of $19.95 usage on a per billing cycle basis. If usage is less than $19.95 during the given billing cycle, then CLEARCALLINDIA.COM will add to the remainder of the Long Distance bill to equal $19.95. If a customers bill is more than $19.95 during a billing cycle, then they will not be subject to any of the $19.95 minimum usage requirements for that billing cycle.
LIABILITY
Customer agrees to take responsibility for all telephone calls placed from the telephone numbers for which CLEARCALLINDIA.COM provides service. Customer also agrees that, in the event an authorization code is issued by CLEARCALLINDIA.COM, Customer will have full responsibility for all calls charged to such authorization code number. Customer will be charged for each call made at a price based on call duration and applicable mileage. The Customer acknowledges responsibility for all costs, charges and expenses incurred as a result of theft, loss, misuse or abuse of the service or calling cards acquired from CLEARCALLINDIA.COM including actual and consequential damages. Customer acknowledges and agrees that it may incur additional access and other charges with the local exchange company which may be related or unrelated to the service provided by CLEARCALLINDIA.COM. CLEARCALLINDIA.COM is not responsible for any acts or claims made by independent authorized Agents unless they have been approved by the office of CLEARCALLINDIA.COM in writing or contained on a document provided to the Agent or Customer by CLEARCALLINDIA.COM. CLEARCALLINDIA.COM warrants it will use reasonable efforts to perform its obligations under this agreement and its applicable tariffs. THE FOREGOING WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES. DANCRIS TELECOM DISCLAIMS AND CUSTOMER HEREBY WAIVES ALL OTHER WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. CLEARCALLINDIA.COM shall not be liable to Customer, any employee or patron of Customer or any person or entity utilizing any service by CLEARCALLINDIA.COM, for loss of time, inconvenience, loss or interruption of service, lost revenues or profits, or for any other special, incidental or consequential loss or damages. CLEARCALLINDIA.COM does not make any representation or warranty regarding any comparison between the rates charged by CLEARCALLINDIA.COM to those of other carriers.
CREDITS
A credit equal to the actual charge for a call, up to one minute in length, will be applied for calls involving a CLEARCALLINDIA.COM network problem. No credit will be given, however, unless the calling party contacts the CLEARCALLINDIA.COM customer service department and requests such credit immediately after the call is terminated. Additionally, because tollfree numbers are generally available to the public, CLEARCALLINDIA.COM is not responsible for misdialed numbers or incorrect advertising of a Customer's toll free number, and no credit will be given for these reasons. No credit will be issued for any misdialed 1 plus or calling card calls.
BILLING
Invoices from CLEARCALLINDIA.COM are issued monthly. Invoices shall be payable in full upon receipt except for amounts that are agreed to by CLEARCALLINDIA.COM as valid disputes by Customer. Customer will generally have at least 15 days from the receipt of monthly invoice to timely pay the charges stated. The usage charge will be deemed delinquent if it remains unpaid 30 days from the date of the bill. Charges deemed delinquent may be subject to the lesser of either a late payment charge of 1 1/2% per month, or such other amount allowed by law. Invoices not paid by the due date will not be eligible for volume and term discounts. CLEARCALLINDIA.COM will also charge a 25.00 fee for any returned check and reserves the right to require a deposit at any time. Customer authorizes CLEARCALLINDIA.COM to make any credit investigation and to obtain a credit report of Customer from a credit reporting agency. In the event any civil action or other legal proceeding is commenced by CLEARCALLINDIA.COM against Customer in connection with this agreement, the prevailing party in such action or proceeding shall be entitled to recover interest court costs, fees and reasonable attorneys' fees. Customer shall notify CLEARCALLINDIA.COM within 15 days of receipt of billing invoice of any dispute with regard to the invoice, or invoice shall be deemed to be correct and binding. If a customer accumulates undisputed past-due charges, the Company reserves the right not to honor the Customer's request for a change in 800/888/877/866 service to another carrier (i.e. "porting" of toll-free numbers), including a request for a RespOrg, until such charges are paid in full.
TERMINATION
This agreement may be terminated by Customer after 30 days written notice. Termination, to be effective, requires payment in full of all outstanding charges and 30 days written notice to the designated address.
CANCELLATION
CLEARCALLINDIA.COM may discontinue service or cancel an application for service without incurring any liability for any of the following reasons: a) Non-payment of any sum due to CLEARCALLINDIA.COM. b) A violation of any law, rule or regulation of any governing authority having jurisdiction over the service. c) n the event service charges exceed any deposit amount0CLEARCALLINDIA.COM may have required. d) The customer provides false or misleading credit information.
ENTIRE AGREEMENT
This agreement shall be binding upon and inure to the benefit of all successors, assigns, heirs and legal representatives of the parties hereto. This agreement is entered into in accordance with and shall be governed by Arizona law. This agreement and the tariffs of CLEARCALLINDIA.COM in effect from time to time constitutes the entire agreement between parties and supersedes all negotiations, statements, promises or understandings, if any, made prior to the execution of this agreement. This agreement may only be amended or modified by an agreement in writing signed by both parties, and no change to the printed terms herein shall be effective unless specifically agreed to in writing by an officer of CLEARCALLINDIA.COM. If any portion of this agreement is ever determined to be unenforceable for any reason, the balance shall remain in full force and effect. This document constitutes the entire agreement and understanding between Customer and CLEARCALLINDIA.COM.