MEGATRON Communications, Inc.
Terms and Conditions
Terms of Service
THE FOLLOWING DESCRIBES THE TERMS ON WHICH WWW.MEGATRONCOM.COM OFFERS YOU ACCESS TO ITS SERVICES.
This Service Agreement between MEGATRON Communications Inc. ("MEGATRON") and the Wholesale Customer (CUSTOMER) is for the provision of telecommunications services over the internet.
All the services provided by MEGATRON to the CUSTOMER ("Services") will be governed by the terms and conditions of this agreement.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement, including those terms and conditions expressly set out below and those incorporated by reference, before you may become a subscriber of www.callbaba.com services. You must enter into this Agreement by clicking on the “I ACCEPT” button. You acknowledge and agree that by clicking on the “I ACCEPT” button or similar buttons or links, as may be designated by MEGATRON, you are entering into a legally binding contract.
You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed by us. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
By activating the Services, the CUSTOMER acknowledges receiving, reading and understanding this Agreement and accepts its terms and conditions.
1. TERMS AND CONDITIONS.
No waiver or amendment to this agreement or these terms and conditions shall be binding on MEGATRON unless made in writing expressly stating that it is such a waiver or amendment and signed by an authorized representative of MEGATRON.
2. TERM.
The term of this Agreement ("Term") begins on the date that MEGATRON initiates the Services and continues for the duration of the service period. At the end of the current Term, the Term is automatically renewed under the same terms and conditions for a like term as the Term just ending unless the CUSTOMER provides MEGATRON, prior to the end of the current Term, notification of intention to terminate the service. The CUSTOMER agrees to pay for the Services for the duration of the Term. Expiration of the Term does not alleviate the CUSTOMER of responsibility for paying all unpaid, accrued charges due hereunder. If the CUSTOMER chooses to terminate the service before the end of the current Term, the CUSTOMER will be immediately responsible for paying all fees otherwise due for the duration of the Term.
3. PAYMENT TERMS.
CUSTOMER is to pay all charges in advance including, but not limited to toll charges and any other applicable charges. CUSTOMER authorizes MEGATRON to charge the then current credit card account number (if provided) given by the CUSTOMER ("Credit Card") for all charges accrued for the duration of the Term. If any charges are due but unpaid for any reason MEGATRON may terminate the Services and all accrued charges are immediately due plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by MEGATRON. No termination of the Services or of this Agreement shall relieve CUSTOMER from paying any amounts due hereunder.
4. TOLL CHARGES:
Every call using the Services that originates or terminates is subject to the then applicable toll charges. International rates are determined on a per country and/or city specific basis and all rates are as set forth on the www.MEGATRONcom.com web site. International rates are shown in terms of full minutes and calls are billed in six (1) second increments after the initial minimum thirty (1) second call duration, with the exception of calls to Mexico which are billed in sixty (60) second increments with minimum call duration of sixty (60) seconds.
5. BANK CHARGES
CUSTOMER is responsible for all bank charges incurred while paying through bank wire transfers, credit cards and PAYPAL accounts. Under no circumstances, MEGATRON is liable for said charges incurred by CUSTOMER. MEGATRON shall collect from CUSTOMER all bank charges, which are associated with processing of CUSTOMER payments including but not limited to bank wire transfers, credit cards, and PAYPAL accounts.
6. REFUNDS AND CANCELLATION POLICY.
If CUSTOMER is dissatisfied with the service provided then CUSTOMER shall have the right to cancel and receive a refund of the unused balance in CUSTOMER’s account under the following conditions:
Customer requests the refund within ten (10) days of purchase
Customer sends an email to accounting@MEGATRON.com and includes the reason for his/her request as well as a proof of service failure.
We reserve the right to refuse a refund for any transaction, if CUSTOMER cannot prove a service failure. If a refund is authorized, then MEGATRON will make such refund within thirty (30) of said refund authorization by MEGATRON.
7. TAXES AND OTHER REGULATORY ASSESSMENTS.
Quoted prices do not include any sales, use, or excise taxes - federal, state (province), or local (city). Nor any public utility or other similar taxes. All such taxes shall be paid by the CUSTOMER and will be added to any amounts otherwise charged to CUSTOMER. Canadian GST Tax (6%) shall be applied to Canadian entities or entities, which hold their operations in Canada unless CUSTOMER provides MEGATRON with an exemption certificate acceptable to MEGATRON. Ontario, Canada entities must provide MEGATRON with a valid PST exemption form (reseller form) acceptable to MEGATRON. Failure to provide MEGATRON with a valid PST exemption form shall result in adding PST Tax (8%) to any amounts otherwise charged to CUSTOMER.
8. PROHIBITED USES.
Any CUSTOMER use of the Services that causes a disruption in the network integrity of MEGATRON or its vendors, whether directly or indirectly is strictly prohibited and will result in termination of the Services. CUSTOMER understands that neither MEGATRON nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. CUSTOMER agrees that it will not use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network.
9. CHANGES TO THE AGREEMENT, SERVICES or RATES.
MEGATRON reserves the right to make changes to the terms and conditions of this Agreement and/or the Services ("Change of Service"). In the event of a Change of Service, MEGATRON will notify the CUSTOMER at least three (3) days in advance of the date on which the Change of Service is to take effect ("Change Date"). Any Change of Service charges will be applied to the CUSTOMER's account as appropriate, pro rata as calculated from the Change Date. CUSTOMER can, within three (3) days of MEGATRON's notification, send notice to MEGATRON that the CUSTOMER does not accept the Change of Service, and can terminate this Agreement. In such event, CUSTOMER will be responsible for any sums due hereunder. If the CUSTOMER does not send MEGATRON notification of its desire to terminate this Agreement or uses the Services after the Change Date, the CUSTOMER is deemed to have accepted and consented to the Change of Service.
CUSTOMER must provide valid email address to MEGATRON during the online registration. In the event of CUSTOMER email address changes, CUSTOMER must notify MEGATRON about such changes. In the event of a rate changes, MEGATRON will notify the CUSTOMER via their registered email address at least three (3) days in advance of the date on which the rate Change is to take effect ("Change Date"). All rates are subject to change at any time. Under NO circumstances, MEGATRON will be liable for any invoice/rates disputes or any type of damages arising as a result of undelivered email notifications sent to CUSTOMER by MEGATRON. MEGATRON will update its current rates on www.MEGATRONcom.com web site on the regular basis. It is a CUSTOMER responsibility to receive the updated rates on the regular basis. If CUSTOMER does not receive regular email notifications by MEGATRON, CUSTOMER must contact MEGATRON immediately.
10. TERMINATION.
MEGATRON reserves the right, at its sole discretion, to suspend, terminate or change the Services without advance notice for any reason. MEGATRON reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and CUSTOMER agrees that MEGATRON's determination is final and binding on CUSTOMER. MEGATRON may require a re-activation fee to resume terminated or suspended Services.
11. PRIVACY.
MEGATRON will not sell, rent, or lease Users' personally identifiable information to others. Unless required by law or CUSTOMER's prior permission is obtained, MEGATRON will only share the personal data the CUSTOMER provides with other MEGATRON entities and/or business partners who are acting on MEGATRON's behalf to complete the services described herein. However, MEGATRON reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity by CUSTOMER. Upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, MEGATRON may disclose personally identifiable information.
12. TECHNICAL SUPPORT.
MEGATRON provides CUSTOMER technical support at its sole discretion and as limited to the Services provided hereunder. Technical support is rendered from MEGATRON's premises, as available via email: support@MEGATRONcom.com or live online chat. Support for other applications and uses is not provided or implied.
Other support emails are as follows:
General Inquiries: info@MEGATRONcom.com
Billing: accounting@MEGATRONcom.com
13. BREACH.
In the event of CUSTOMER's breach of the terms of this Agreement, CUSTOMER shall reimburse MEGATRON for all attorney, court, collection and other costs incurred by MEGATRON in the enforcement of MEGATRON's rights hereunder and MEGATRON may keep any deposits or other payments made by CUSTOMER.
14. INDEMNIFY.
Without limiting the Agreement, CUSTOMER hereby agrees to indemnify, defend and hold harmless MEGATRON, its Affiliates, and their respective directors, officers, employees and agents against any third party claim, loss or damage arising from the use of the Services.
Without limiting the Agreement, MEGATRON shall not be liable for any loss of revenue or profit by CUSTOMER for any loss or damage arising out of this Agreement or out of the use of the Services provided under this Agreement by any person, whether arising in contract, tort (including, without limitation, negligence or strict liability) or otherwise and whether or not informed of the possibility of such damages in advance. Without limiting the Agreement, MEGATRON shall not be liable for any loss or damage sustained by CUSTOMER or any third party by reason of defects or malfunctions in the software provided by MEGATRON, or by reason of errors made by MEGATRON in connection with the Services.
15. DISCLAIMER OF CONSEQUENTIAL DAMAGES.
In no event shall MEGATRON or its vendors be liable for any damages, including but not limited to loss of data or loss of revenue or profits arising out of, or in connection with, the use or inability to use the services provided hereunder whether due to a breach of contract, breach of warranty, the negligence of MEGATRON or its vendors or otherwise.
16. *WARRANTY AND LIABILITY LIMITATIONS.*
Neither MEGATRON no its vendors will be liable for unauthorized access or alteration, theft or destruction of CUSTOMER's data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of MEGATRON's or its vendor's negligence. Any claim against MEGATRON must be made within 60 days of the event of the claim or 60 days from the termination of service, whichever is earlier and MEGATRON has no liability thereafter. In no event shall MEGATRON's total liability exceed the service fees paid by USER to MEGATRON in the prior 12 (twelve) months from date of claim.
17. NOTICES.
MEGATRON communicates with Users primarily via email. Notices to CUSTOMER shall be sent to the email address specified by the CUSTOMER at the time of registration for the Services or as subsequently specified by the CUSTOMER ("Email Address"). CUSTOMER is responsible for notifying MEGATRON of any Email Address changes. CUSTOMER agrees that sending a message to the Email Address is the agreed upon means of providing notification. The Email Address is used to communicate important information about the Services, billing, rate changes and other information. The information is time-sensitive in nature. It is required that the CUSTOMER read any email sent to the Email Address in a timely manner in order to avoid any potential interruptions in the Services or rate changes provided hereunder.
MEGATRON Communications, Inc.
2428 Islington Ave., Suite 206A
Toronto, ON M9W 3X8 CANADA
Tel. (416) 746-4351
Fax (416) 352-6192
Email: notices@megatroncom.com
18. FORCE MAJEURE.
MEGATRON shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of MEGATRON as may occur in spite of MEGATRON's best efforts.
19. GOVERNING LAW.
This agreement is governed by the laws of ONTARIO, CANADA.
20. ENTIRE AGREEMENT.
These terms and conditions constitute the entire agreement with regards to this sale. This agreement shall be binding upon the heirs, successors, and assigns of the parties hereto.
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©2006 MEGATRON Communications, Inc. All rights reserved.