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Terms & conditions

The Localphone Subscriber Agreement

Localphone Ltd, trading as Localphone, provides VoIP services to customers in accordance with the terms and conditions set forth in this agreement.

By registering for, activating, making use of, or by paying for Localphone’s site or services you acknowledge having read and agreed to these terms, and you represent that there is no legal impediment to your entering or being bound by this agreement.

Billing, Pricing and Charges

Usage of Localphone’s services will be charged according to the current price list as made available on the Localphone site. Changes to our pricing shall become effective immediately upon posting to the site.

Localphone accepts no liability for any charges assessed by a third party provider when used in conjunction with Localphone's services. Your access to and use of a service provided by a third party provider is subject to the provider's terms and conditions. As soon as your call is connected to a phone number provided by Localphone, the call may be charged regardless of whether you are connected to the receiver of the call.

The rates that will be charged for calls will be based on a rate which is exclusive of any applicable taxes and surcharges. This rate will be the rate advertised on the Localphone website at the time of the call.

Cost of call calculation will be based on the length of the call rounded up to the next nearest full minute.

Payment for Localphone’s services is billed on a pre-pay basis, unless otherwise agreed by both parties. You agree that our services will not be provisioned until sufficient pre-payment has been made, and that service may be terminated immediately if sufficient pre-payment has not been made. It is your ongoing responsibility to ensure that your account maintains the necessary balance to provision the service.

Refunds will only be made for orders within 90 days of completion. No refunds of less than $3 will be made against each order. Refunds are subject to an administration fee of the greater of 10% or $1.

You agree that Localphone can expire any credit that remains unused for a rolling period of 365 days (if you do not make a call for 365 days the credit will expire). Such expiration renders the balance non-refundable.

Measuring Usage

You agree that Localphone’s records are conclusive evidence of your use of the site and service. Furthermore, you acknowledge that these records will be used to calculate charges incurred.

You agree to be held fully responsible for all use of and fees related to your account, and accept full liability and responsibility for the actions of anyone who uses the site or service via your account, whether authorised or unauthorised, except when unauthorised use is solely attributed to an act or omission on the part of Localphone.

You agree that Localphone should not be and is not responsible for any third party claims against us that arise from your use of the Service. Further, you agree to reimburse us for all of our costs and expenses related to the defence of any such claims, including legal fees, unless such claims are based on our wilful misconduct or gross negligence.

You must notify Localphone within thirty (30) days of the date on your credit card or debit card statement if you dispute any Localphone charges on that statement or such dispute will be deemed waived.

Internet Phone (VOIP)

The Service requires Equipment, or software obtained through Localphone or a third party, that allows you to place and receive calls by using your high-speed Internet connection. Localphone does not provide or support your high-speed Internet connection, which you need to supply at your own expense. We recommend that your high-speed connection have a capacity of at least 120 Kbps upstream and downstream.

Since the Service depends on your high-speed connection, the correct configuration of the Equipment, and an adequate power supply, Localphone does not guarantee continuous availability. You acknowledge and understand that the Service will not function in the absence of electrical power or if there is an interruption of your high-speed Internet connection. A power failure may require you to reset or reconfigure your Equipment or other equipment in order to restore the Service.

You understand and acknowledge that the Service may not be compatible with all non-voice communications equipment, including but not limited to, home security systems, medical monitoring equipment, fax machines, satellite television systems, and computer modems. You waive any claim against Localphone for interference or disruption of such services and equipment.

Free Test Calls

Free test calls are provided at the discretion of Localphone and can be withdrawn at anytime. 5 minutes worth of calls will be added to your account upon the successful completion of registration and after all information requested has been provided.

If a call has been previously made from a telephone or account registered on our website no free credit will be given.

Destinations included in the free test call promotion will be totally at the discretion of Localphone. Not all destinations will be included in the promotion and can change at anytime without notice.

Credit will expire 60 days from account creation if it has not been used. Your free call will be removed if you add credit before making your free call.

Unlimited Calls to the Philippines

For customers purchasing an unlimited calling plan to the Philippines the following terms apply:

The billing cycle starts on 1st of month and runs for a complete month.

Customers purchasing a plan part-way through the month will be asked to make a pro-rated payment and may be asked to cover the cost of the following month up-front.

Subscription payments will be taken in advance monthly 7 days prior to the end of the month.

If we can’t take payment within the 7 days prior to the end of the month your unlimited service plan will be cancelled. To re-activate your Subscription you’ll be required to pay the set-up fee again.

You may cancel your Subscription at any point. The cancellation will take place at your next billing date. No refunds are available for this product.

Once you have purchased an unlimited calling plan for a specific number it’s not possible to change the number. To add a new number you’ll need to cancel your existing plan and start a new one (set-up fee will be incurred).

No refunds are available for partially completed months.

Liability & Indemnification

You agree to indemnify Localphone and its agents, and hold them harmless from any claims or damages relating to this agreement. You agree not to hold Localphone or its agents liable for any loss of business, contracts, savings or profits, or any other damages or losses (direct or consequential) to the extent that Localphone’s liability can be limited by law.

You are expressly prohibited from using the Service or Equipment for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide the Service to you or other customers or avoids your obligation to pay for communications services.

Localphone, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions, or if you act in a manner that is threatening, obscene, harassing, or abusive to Localphone personnel.

You are liable for any and all use of the Service by any person using the Service provided to you and agree to indemnify and hold harmless Localphone against any and all liability for any such use. If Localphone, in its sole discretion, believes that you have violated the aforementioned restrictions, Localphone may forward personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.

You are expressly prohibited from any use of the Service or any other action that, in Localphone’s sole discretion, is deemed to present a risk to the network integrity or security of Localphone or its vendors, whether directly or indirectly. Localphone, in its sole discretion, may terminate your Service without advance notice if it determines your actions could cause a network disruption or security breach.

Term of and Changes to This Agreement

The terms of this agreement shall come into effect immediately upon appearing on the Localphone website, as indicated by the time-stamp at the foot of this document. Localphone may terminate this agreement at any time for any breach of these terms or any applicable policy as posted on the Localphone website. No reimbursement for any fees charged in connection with Localphone’s services shall be issued for such a termination.

Any provision of this agreement relating to term, payment, liability, indemnification, governing law, or confidentiality shall survive termination or expiration.

Assignment

We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Service without our prior written consent.

Privacy

Localphone Service utilises, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Localphone is not liable for any lack of privacy which may be experienced with regard to the Service. In addition, Localphone will provide personally identifiable customer and call detail information in response to lawful government requests, subpoenas, and court orders, as well as law enforcement requests. Please refer to our Privacy Policy applicable to you on the Localphone web-site for additional information.

Notices

Localphone primarily communicates with users of the Service via email. Email from Localphone is used to communicate important information about the Service, including billing and changes to the Service, much of which is time-sensitive. Localphone reserve the right to withdraw any service offered by the company immediately without prior warning or notice. You acknowledge that email from Localphone constitutes official notice from Localphone and that you are required to read in a timely manner all email messages sent to the email address specified by you at the time of registration for the Service in order to avoid any potential disruption of the Service. You also acknowledge that you are responsible for notifying Localphone of any changes in your email address.

General Provisions

Localphone will not be responsible to you for any delay, failure in performance, loss, or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labour disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.

Porting

For customers wishing to port their Localphone numbers to another network or provider, the following conditions will apply:

There is a one time $3 Administration fee to port each number away from Localphone. For customers who have ported their numbers into Localphone, this fee will be waived.

If any customer wishes to port their number out of Localphone to another provider, it is the customer's sole responsibility to notify Localphone of this action in writing here. The number will remain on the user's account until written notification has been received that the customer has ported the number away. Customers will continue to be charged their recurring monthly fees until proper notification has been given. No refunds will be given for recurring monthly charges that were assessed because notification was not given prior to the date the funds were taken.

This agreement was last updated: 2012-08-13 15:00 UTC

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