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Fair Usage Policy

Starting on the date of your order or the date your payment is processed, whichever is later ("order date"), your payment method will be charged ("charged") annually or twice a year, for annual pre-paid plan) in advance for all service plan charges, fees, taxes and surcharges.

 

1.

INTRODUCTION.

 

These Terms of Service constitute the agreement between FarrahTel unlimited (NU). And the user of FarrahTel unlimited communications services and any related products or services. This agreement governs our service It applies to all lines on each account.  FarrahTel unlimited is sometimes referred to as "we," "us," "our," or "FarrahTel unlimited" “NU” and the user is sometimes referred to as "you," "your," or "user," or "customer".

 

By subscribing to or using our service, you agree to these Terms of Service. All information linked to these Terms of Service is part of it.

 


2.

CUSTOMER SERVICE.

 

We offer varying types and levels of customer service depending on a number of factors, including the service you are using and the problems you are experiencing. We may change the customer service options at any time.

 

 

3.

SERVICE

3.1

Service Distinctions.
Our service is a telecommunications service, and we provide it on a best efforts basis. Events beyond our control may affect our service, such as power outages, fluctuations in the Internet, termination interruption, In country interruption, underline carrier service interruption or maintenance. We will act in good faith to minimize disruptions to your use of and access to our service.

3.2

Residential Use of Service.
Our service offered to residential subscribers only. Our service should not be used from businesses location or home business when you subscribe to our residential service plans, you agree on using the service we provide as mean of residential use. Our service solely for single family, normal residential, non-commercial use. Single family refers to you and those of your immediate family members who reside in your personal residence - e.g., spouse, domestic partner, and/or children.

3.3

Inconsistent with Normal Use.
The normal and consistent use will be 2000 minutes per month. If you use the service in a way that is inconsistent with the normal use for your service or plan, you will be required, at FarrahTel unlimited sole discretion, to pay the rates for the service or plan that would apply to the way you used the service or terminate the plan. For example, if you subscribe to our residential service plans, and your usage is inconsistent with normal residential use, you may thereafter be required to pay our applicable, higher rates for commercial service for all periods in which your use of our service . Another example the use of the service by others who do not reside in your personal residence. Unlimited voice services are provided primarily for continuous live dialog between two individuals. Lack of continuous dialog activity, unusual call patterns, excessive numbers and/or consistent excessive usage will be considered indicators that use may be inconsistent with normal use, or that impermissible use may be occurring and may trigger an account review or further action by us. Failure to contact FarrahTel unlimited in response to its notifications and/or failure to promptly correct usage activity to conform to normal use will result, in FarrahTel unlimited sole discretion, in immediate mandatory transfer to another appropriate plan, suspension or termination of service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable disconnection and device or other rebate recovery charges. FarrahTel unlimited 's right to terminate your account (with or no reason) is not limited by this provision. Commercial, not-for profit, governmental use or other similar use

3.4

Changes to Service Plans

 

Your service plan includes terms and conditions such as monthly service allowances, limitations and features, and the associated charges. You acknowledge that your service plan is also subject to these Terms of Service. Our service is subject to our business policies, practices and procedures, which we can change at any time without notice. Unless otherwise prohibited by applicable law, we can also change the terms and conditions of your service plan (such as features and prices) at any time, with or without notice. If we do give you notice, it may be provided on our account web page, by e-mail, by telephone or other communication permitted under applicable law.

 

 

4.

LENGTH OF SERVICE.

4.1

 Service Term.
We provide our service to you indefinitely. Your service term refers to the period of time for which we will bill you periodically in advance for one year. The service term is the term that available on our website. Your first service term begins on the subscription date, which is the date you first ordered service or the date we successfully process your payment, whichever is later. Your service will continue until canceled by you or by us as provided for herein. Please note that the obligations of this agreement begin on your subscription date and are indefinite.

4.2

 Our right to disconnect Or block the service.
We have the right to temporally or permanently suspend, Interrupt or discontinue service generally, or to disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice.

We reserve the right to immediately disconnect your service at any time without notice:

Unlawful or
inappropriate
use

If we determine that you have used our service for an unlawful or inappropriate purpose. If we determine that the use or content does not conform to the requirements in this agreement or that it interferes with our ability to provide service to you or others.

Violation
of laws

If we determine that you have used our service in violation of laws.

Inconsistent
usage

 

 

 

 

Beyond the normal

If FarrahTel finds or determines that the service in which you are using, under the unlimited plan is being used with inconsistent usage patterns that would lead FarrahTel to believe that the service was being abused.

 

In order to stop any abuse for the service, FarrahTel decided to have up to 2000 minutes per month available to the customers. Also, there will be no roll over for the minutes from a previous month.

Disputing or issuing a charge back against us

If a chargeback was filed against FarrahTel, the account will be blocked and the service will not be available unless the chargeback is canceled by the customer OR the chargeback was challenged by us and reversed to our favor. $25 will be assessed on the account and the customer is required to call the customer service to reactivate the service. Also, $25 will be deducted from the total amount refunded if FarrahTel chose to settle the dispute. All refund will be process according to FarrahTel policy.

4.3

 

 Fees upon disconnection.         

Disconnection by you. . If you attempt to cancel the service after the first month of usage for one or more of your lines before the end of your current service term, you will be responsible for all the charges for your current term that are applicable to the disconnected lines, plus a $ 175 disconnection fee per line, if applicable.

Disconnection by us without a reason. If we cancel service generally, or disconnect your service without a stated reason, you will only be responsible for the charges that have accrued through the date of the disconnection, including a pro-rated portion of the final service term charges, and any recovery fees. Including a pro-rated portion of the final service term charges, and any recovery fees.

Disconnection by us with a reason. If we disconnect your service for any of the reasons listed in section above, you will be responsible for all charges through the end of your current service term, including unbilled charges, plus any disconnection and any recovery fees.

All of charges owed at the time of disconnection will be immediately payable. At the time of disconnection, we will immediately charge the credit you have provided to us for payment, for all amounts due and owing on disconnection. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.

Termination of service

 

In order to terminate your service, you must contact our Customer Care Department, via telephone, at the following toll-free number: 877-777-7090 Our Customer service department is available to assist you Monday-Saturday 9:00 a.m. – 12:00 p.m. Eastern Time, or during other available times set forth on our website.

 


5

BILLING AND PAYMENT.

5.1

Billing.
We will bill you in advance for the service plan fee due for the entire year, plus any associated taxes, fees and surcharges. When you subscribe to our service, you must give us a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, your email address changes, or your payment method is cancelled and replaced on account of loss or theft.

5.2

Payment.
When you subscribe to our service, you authorize us to collect from your payment method, including disconnection fees, recovery fees and any other outstanding charges. This authorization will remain valid until 30 days after you terminate our authority to charge your payment method.

5.3

Collection.
If we disconnect your service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.

5.4

Billing Disputes.
If you want to dispute any of our charges on your statement, you must notify us within 7 days after you receive your statement from your bank or credit card issuer. If you do not dispute the charges within 7 days, you waive any right to contest the charges. 877-777-7090  

6.

INDEMNIFICATION AND WAIVER OF CLAIMS.

6.1

Indemnification.
You shall defend, indemnify, and hold harmless FarrahTel unlimited, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for our service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our service, relating to our service,

 6.2

Content.
You are liable for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using your service. You promise that you and anyone who uses your service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our service and the device.

  6.3

Account Information.
You are liable for all liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or incomplete, we may suspend or terminate or refuse any and all current or future use of the service, or any portion thereof..

 

7.

MISCELLANEOUS LEGAL CONSIDERATIONS.

7.1

Governing Law.
The law of the state of Florida will govern this agreement as well as the relationship between you and us, except to the extent such law is preempted by or inconsistent with applicable federal law. Because this agreement is a transaction in interstate commerce, the Federal Arbitration Act ("FAA"), and not state arbitration law, shall govern the interpretation and enforcement of the arbitration provision in Section 8.

7.2

No Waiver of Rights.
Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. We reserves all of our rights at law and equity to proceed against anyone who uses its services illegally or improperly. All determinations by us under these Terms of Sale and exercise of its rights are made and done in our sole and absolute discretion.

 7.3

Survival.
The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive.

7.4

No Third Party Beneficiaries.
If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any third party beneficiary rights.

7.5

Legal Age.
You promise that you are of legal age to enter into this agreement and that you have read and understand fully its terms and conditions.

 7.6

Entire Agreement.
This agreement, including any future modifications to its terms, and the rates for services found on our web site constitute the entire agreement between you and Vonage. This agreement governs your use of our service, and the use of our services by the members of your household and your guests and employees. This agreement supersedes any prior agreements between you and us. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

7.7

Severability.
If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.

 

8.

DISPUTE RESOLUTION AND BINDING ARBITRATION.
It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.

8.1

Arbitration.
FarrahTel unlimited and you agree to arbitrate any and all disputes and claims between you and FarrahTel unlimited. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to: disputes and claims arising out of or relating to any aspect of the relationship between you and FarrahTel unlimited, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to " FarrahTel unlimited," "us" and "you" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this agreement or any prior agreements between you and FarrahTel unlimited or its subsidiary.

8.2

Informal Resolution of Disputes.
Our customer care department can resolve most customer concerns quickly and to the customer's satisfaction. If you have a dispute or claim against us, you should first contact the our customer care department by telephone 877-777-7090 or by email at.
support@FarrahTelinternational.com  In the event your dispute or claim is not resolved to your satisfaction, you may seek to have that dispute or claim resolved as set forth below.

8.3

Formal Notice of Disputes.
A party who intends to seek arbitration must first send to the other party a written Notice of Dispute.

(A)

A Notice of Dispute to Vonage must be sent to FarrahTel unlimited:

(1)

by certified mail addressed to: FarrahTel unlimited

(2)

by email

(B)

A Notice of Dispute to you must be sent to you

(1)

by certified mail at the last mailing address that you registered with FarrahTel unlimited; or

(2)

by email addressed to you at the last email address you registered with FarrahTel unlimited.

(C)

The Notice of Dispute must

(1)

describe the nature and basis of the dispute or claim; and

(2)

set forth the specific relief sought.

(D)

If you and FarrahTel unlimited do not reach an agreement to resolve the dispute or claim within thirty (30) days after the Notice of Dispute is received, you or FarrahTel unlimited may commence an arbitration proceeding. You may download or copy a form to initiate an arbitration proceeding from the AAA website: http://www.adr.org/si.asp?id=2062. The amount of any settlement offer made by you or FarrahTel unlimited shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or FarrahTel unlimited is entitled.

8.4

Arbitrator and Arbitral Rules.
The arbitration shall be administered by the American Arbitration Association ("AAA"). You may contact the AAA by telephone at 1-800-778-7879, by email at Websitemail@adr.org, or by mail at 1633 Broadway, 10th Floor, New York, New York 10019. The arbitration shall be governed by the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules"), as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

8.5

Location and Procedure of Arbitration.
Unless you and FarrahTel unlimited mutually agree otherwise, all hearings conducted as part of the arbitration shall take place at a location, in state of Florida, If your claim is for $10,000 or less, you or FarrahTel unlimited may request that the arbitration be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim is in excess of $10,000, the right to a hearing will be determined by the AAA Rules.

8.6

Fees and Costs.
If you cannot afford it, FarrahTel unlimited will advance all arbitration filing fees and arbitrator's costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional costs that you incur in the arbitration, including, but not limited to, attorneys or expert witness fees. If the arbitration proceeding is decided in FarrahTel unlimited favor, you shall reimburse FarrahTel unlimited for the fees and costs advanced to you. If the arbitration proceeding is decided in your favor, you will not be required to reimburse FarrahTel unlimited for any of the fees and costs advanced by FarrahTel unlimited. If the party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys' fees incurred in that appeal. Notwithstanding anything to the contrary in this arbitration provision, FarrahTel unlimited shall pay all fees and costs which it is required by law to pay.

8.7

Waiver of Jury Trial.
You and FarrahTel unlimited agree that, by entering into this agreement, you and FarrahTel unlimited are waiving the right to a trial by jury.

8.8

Waiver of Class Actions.
You and FarrahTel unlimited agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and FarrahTel unlimited agree that you and FarrahTel unlimited may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You and FarrahTel unlimited agree that, unless you and FarrahTel unlimited agree otherwise, the arbitrator may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a representative or class proceeding. Despite §7.7 or any other provision in this agreement to the contrary, if this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.

8.9

Statute of Limitations:
You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes which are subject to section 5.5 of the agreement), or you waive the right to pursue a claim based upon such event, facts, or dispute.

8.10

Exceptions to Arbitration Agreement:
You and we agree:

(a)

you may take your dispute to small claims court, if your dispute qualifies for hearing by such court;

(b)

if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement;

(c)

you or we may take any disputes over the validity of any party's intellectual property rights to a court of competent jurisdiction;

(d)

any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and

(e)

either you or we may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of you or FarrahTel unlimited, pending the completion of arbitration.

8.11

Modification of Arbitration Provision.
Despite §9 or any other provision in this agreement to the contrary, if FarrahTel unlimited makes any substantive change to this arbitration provision, you may reject any such change and require FarrahTel unlimited to adhere to the language in this provision.

 

9.

CHANGES TO THIS AGREEMENT.

 

We may change the terms and conditions of this agreement from time to time. By subscribing to our service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning FarrahTel unlimited, including changes to this agreement. We may give you notice of a change by posting the change on the home page of FarrahTel unlimited.com, on your account web page or monthly bill, in a newsletter, by e-mail, on the relevant web page of the applicable service, or by other permitted communication. Such notices will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using our service. By continuing to use the service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your service immediately. Disconnection fees and recovery fees will not be applicable to termination of service due to increases in service plan prices or other material changes if your account is in good standing and you call us to terminate within 30 days after posted notice of the change. Increases in usage rates, taxes, surcharges such as the Federal Program Fee or discretionary billable add-ons or features will not be subject to waivers of disconnection fees and recovery fees. When posted, this agreement supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of your device. It also supersedes any written terms provided to retail customers with retail distribution, including, without limitation, any written terms in the packaging of your device. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of FarrahTel unlimited services. If you continue to use our service, we will consider this your acceptance of any changes.

 

10.

PRIVACY

 

FarrahTel unlimited Service uses, in whole or in part, third party networks to transmit voice and other communications. FarrahTel unlimited is not liable for any lack of privacy which you may experience from using our service.

(a)

You authorize us

(i)

to investigate and/or review your credit history, including requesting a consumer report, both when you sign up for our service and at any time after you sign up, for any purpose, including, but not limited to, your initial qualification for an account, your continued compliance with the terms of your account and general customer base evaluation purposes not specifically associated with your account; and

(ii)

to share credit information about you with credit reporting agencies. Upon your request we will inform you whether or not we have requested a consumer report, and if a report was requested, the name and address of the consumer reporting agency that furnished the report.

 

11.

EXPORT CONTROLS

 

You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security. You also expressly agree that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of our service or any direct product to any destination, company, or person restricted or prohibited by U.S. export controls.