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User service agreement |
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PAYYEA is a credit account service which enables IP phone users to make landline and traditional mobile calls globally.
By using this service you acknowledge your consent to the PAYYEA terms of service provision to you.
1. Definitions
The terms of the User Service Agreement apply during your use of the PAYYEA service.
We will refer to ourselves in these terms as either "PAYYEA", "we" or "our." You refers to an individual person or a legal business entity.
We: refers to ourselves in this agreement as either "PAYYEA", "we" or "our".
"You" means you yourself or a legal business entity for which you yourself are an authorized representative.
"IP Phone" means a third-party company.
"Service" hereunder means the use of soft or hard technology to make calls to landlines or mobile .
2. Purchasing service
You need to open an account from our official website www.payyea.com, purchase our Service and charge your account in one of the ways described below. After you successfully charge your account, your available balance will be deducted as you use our Service.
(1) Online recharge
You may recharge your account online by deposit funds into your account.
After each successful recharge, you may log in to your account and check your balance immediately. If you have any question regarding your balance, please contact your local agent you for assistance.
The online payment facility is provided by a third-party who undertakes to provide security of transactions.
Prior to making an online charging payment, you are required to agree to the transaction terms of the third-party. We do not accept responsibility for the security and privacy of your credit card information provided by you during the online charging payment. Nor do we accept responsibility for any damage or loss arising from such transaction.
(2) Purchase Service through agents authorized by PAYYEA.
You may also purchase the Service through agents authorized by PAYYEA. Upon successful purchase of a recharge amount from such agent, you may log in to your account and check your balance immediately. Should you have any questions regarding your balance, please seek help from that same agent.
We only authorize our agents to provide a recharge service for users, and therefore, we shall not be held liable for any other dispute that may arise in relation to any other type of transactions between you and our authorized agents.
3. Account management and privacy
You are able to log in to your account at any time so as to check your balance. You are able to, and should, create a password for your account that is not easily decipherable. You should take commercially sound steps to protect your password. You shall be responsible for any damages or losses from your account that may be incurred as a result of your failure to follow such steps.
We may check your account on a regular or an irregular basis.
You shall be responsible for the privacy of your conversations.
We will comply with all database access laws in every country where we provide our Service. Specifically we will provide to all lawfully empowered authorities access to our database of call information.
4. Call rates and calculation methods.
We may modify our call rates at any time.
The call rates for each call you make are calculated as follows:
Conversation fee = Your call duration × Rate/minute.
Your call duration is calculated based on one-minute units, and any time used which is a fraction of a minute will be rounded up to the next minute. Though our charging rates are subject to change, we will honor and apply the rate/minute shown on our call rates website at the time of each of your calls.
5. Termination of service
Our Service will be available for your use as long as you have a balance sufficient to cover the cost of one-minute connection. Once the balance falls below this amount our Service for you will stop until you recharge your account.
Our Service for you will remain available for your use as long as the account balance remains sufficient for at least a one minute connection and for up to 365 days since your last use. Your account will expire if you do not use our Service for 365 days and in that case, you will need to open a new account. Upon account expiration, any remaining funds from your unused Service account will not be redeemable to you.
6. Waiver of Warranty
PAYYEA provides the Service "as is," "with all faults" and "as available," and the entire risk as to quality, performance, accuracy, effort and results is yours. To the maximum extent permitted by applicable law, PAYYEA, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "PAYYEA party" and collectively, the "PAYYEA parties") make no representations, warranties or conditions, express or implied. PAYYEA parties disclaim any and all warranties or conditions, express, statutory and implied.
7. Liability Limitation
To the maximum extent permitted by applicable law, in no event will we be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of the "Service", even if PAYYEA has been advised of the possibility of such damages.
If you are dissatisfied with the "Service" or you do not agree with any part of this agreement or you have any other dispute or claim with or against any "PAYYEA" with respect to this agreement or the "Service", then your sole and exclusive remedy is to discontinue using the service. We shall neither indemnify you for any loss incurred due to service discontinuity, nor refund your account balance.
When you use our “Service”, we shall not be responsible or liable for:
(1) any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortious, or illegal content.
(2) any viruses or other disabling features that affect your access to or use of the service.
(3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the “Service” including in an accurate or timely manner.
(4) any damages or costs of any type arising out of or in any way connected with your use of any services available from third parties through links.
8. Usage of Service
You shall acknowledge that you access our “Service” through the Internet as provided by an Internet Service Provider (ISP). Therefore, we disclaim any and all warranties to ensure your accessibility to our “Service” as well as the quality of our “Service”. If the terms of the contract between you and your ISP prohibits your use of “IP Phone” and “PAYYEA” service, you shall honor such terms of your contract with your ISP.
9. Amendment to agreement
We may amend this agreement at any time and the amended agreement will take into effect immediately upon the amendment, and therefore, you must review it on a regular basis. If you disagree with any or all amendments to the contract, you shall discontinue using our “Service” immediately and we shall neither indemnify you for any loss incurred due to service discontinuity, nor refund your account balance. If you continue using our “Service”, you shall abide by the amended agreement.
10. Applicable Law and Dispute resolution
If this agreement is with PAYYEA, then claims for breach of this contract and other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the British Virgin Islands (BVI), without reference to conflict of laws principles. If this agreement is with a PAYYEA affiliate, claims for breach of this contract will be subject to the laws of the place where the PAYYEA affiliate is registered, without reference to conflict of laws principles.
11. Interpreting the agreement
All parts of this agreement apply to the maximum extent permitted by applicable law. A court may hold that a part of this contract cannot be enforced as it is written. If this happens, then that part will be replaced by terms that most closely match the intent of the part that cannot be enforced. The rest of this contract will not be changed. This is the entire contract between us regarding your use of the “Service”. It supersedes any prior contract or statements regarding your use of the “Service”.
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