1. FarrahTel International Services
a.Services Covered.This agreement applies to FarrahTel International business
domestic intrastate, interstate, and international telecommunication service ("Services"),
as such services become detariffed. The Applicable FarrahTel International tariffs
continue to apply to FarrahTel International services that remain tariffed. This
agreement does not apply to FarrahTel International term Plan arrangements, or to
other FarrahTel International services that you purchase under a separate contract
or FarrahTel International tariff.
2. Changes
FarrahTel International may from time to time change the prices
HANGES WILL BE POSTED online AT THE Brand official INTERNET SITE SPECIFIED ABOVE. If you use
our services after the changes are effective constitutes your acceptances of them.
3. Responsibility of the Parties
a.FarrahTel International. FarrahTel International agrees to provide Services
to you subject to availability of the required service components and in accordance
with this Agreement.
b.Customer. You warrant that use of the Services and Content of communications
by you and those who access or use the Services purchased by you or User will at
all times comply with all applicable laws, regulations and instruction for use.
“Content” includes information made available, displayed, or transmitted in connection
with the Services. No Actions or inaction by FarrahTel International shall constitute
review or approval of you or Users' use of content. You are responsible for ensuring
that all the equipment that you and Users use is compatible with the Services.
c.Fraudulent Use. If you suspect that the Services provided to you have been
fraudulently used, you must immediately notify FarrahTel International.
d.Indemnity. FarrahTel International grants to you the right to permit Users
to access and use the Services, provided that you shall remain solely responsible
for the access and use by any User of the Services. You shall defend, indemnify
and hold harmless FarrahTel International from and against all Damages arising out
of third party claims relating to Your or Users' use of the Service or Content or
performance of the Service.
4.Charges/Payments
a.Taxes/Regulatory Surcharges. Charges as stated in the FarrahTel International
Service Guide are exclusive of any applicable taxes. You are responsible for all
taxes, gross receipts taxes, fees and surcharges relating to the sale, transfer
of ownership, installation, license, use or provision of the Services, except to
the extent that you provide FarrahTel International with a valid tax exemption certificate
before FarrahTel International provides Services to you. You are responsible for
payment of surcharges, including but not limited to UCC, USF, PICC and payphone
charges, specified in the FarrahTel International Service Guide.
Prepaid Customers:
- Regulatory and Compliance Fee: An 8% fee will be assessed to help recover costs
associated with regulatory and compliance expenses, including those related to customer
privacy protection, identity theft protection and number portability.
b.Prepaid Duration Elevation. Due to issues surrounding connection time billing
from international providers to FarrahTel, it is the policy of FarrahTel to elevate
the billed minute time of prepaid customers in a manner that is similar to other
international carriers. This policy is subject to change and customers may inquire
as to the methodology employed at any given time as international carriers are not
subject to U.S. laws and accordingly their policies to FarrahTel can be changed
at any time with or without notice. In an effort to minimize this affect on our
customers, it is our policy to charge a varying time elevation depending on call
duration.
c. Maintenance Fee. FarrahTel International’s Prepaid Silver Plan Accounts are
subject to a $.49 weekly Security Maintenance Fee.
d. Refund policy.
All sales are final. Within 14 days of purchase, the customer may request a refund. FarrahTel International , at its sole discretion, will issue refund of the remaining balance. A restocking fee of 15% of the original purchase price will apply. Any promos or discounts applied at the time of order will be deducted. All refund requests will be processed within 10 business days from the time the request was submitted.
e. FarrahTel PrePaid Services
GOLD Plan: Plan Fee $0/month; Local Access Number Usage is free; Toll-Free
Access Number Usage is 1.5c/minute; Rates are subject to change with market conditions,
and current rates are available online and by calling CS.
SILVER Plan: Plan Fee $1.99/month; Local Access Number Usage is free; Toll-Free
Access Number Usage is 2c/minute; Rates are subject to change with market conditions,
and current rates are available online and by calling CS.
f. Auto Reload. By joining the Auto-Reload you have agreed to all the terms
and conditions as stated on this website as well as agreed to allow FarrahTel International
to charge your credit card on file whenever the balance in the account drops to
a pre-set low balance threshold. The minimum reload threshold and reload amount
is determined during account set-up. Failure to maintain the credit card or debit
card linked to account with proper expiration dates and card security codes may
result in the auto-reload feature not to reload your account and may result in interruption
of service. It is the customer’s sole responsibility to call customer service if
they wish to cancel their auto-reload feature on their account. The cancellation
of the auto-reload may take up to 48 hours to complete. FarrahTel International
is not responsible for any charges on the customer’s credit card on file due to
usage during the 48 hour process of cancellation.
5. Default/Termination
You can end this Agreement at any time just by giving us notice and FarrahTel International
can do the same. If any of the Services are toll switched telephone service, you
may terminate these Services only by contacting your local exchange provider or
by contacting a new service provider to order service. You will be responsible for
payment of all charges due under this Agreement through the effective date of termination.
Additionally, FarrahTel International may immediately terminate, restrict or suspend
your Services without notice to you if: you fail to pay FarrahTel International
any charges when due; you make any false statement to FarrahTel International; FarrahTel
International suspects fraud, abuse or misuse by you, Users or third parties; FarrahTel
International believes your or Users' use or Content may violate this Agreement
or any laws or regulations or interferes in any way with FarrahTel International's
provision of FarrahTel International services to its customers or its business operations;
or you become insolvent or are subject to any proceeding under bankruptcy or similar
laws.
Prepaid accounts All Prepaid accounts that are inactive (No calls or reloads) for more than 90 days will expire.
6. Limitations of Liability
a. For purposes of all indemnity obligations, exclusive remedies and limitations
of liability set forth in this Agreement, "FarrahTel International" shall be defined
as FarrahTel International, its affiliates, and its and their employees, directors,
officers, agents, representatives, subcontractors, interconnection service providers
and suppliers; "Customer" shall be defined as Customer, its affiliates, and its
and their employees, directors, officers, agents and representatives; and "Damages"
will refer collectively to all injury, damage, liability, loss, penalty, interest
and expense incurred.
b. Taxes/Regulatory Surcharges. EITHER PARTY'S ENTIRE LIABILITY, AND THE
OTHER PARTY'S EXCLUSIVE REMEDIES, FOR ANY DAMAGES CAUSED BY ANY SERVICE DEFECT OR
FAILURE, OR FOR OTHER CLAIMS ARISING IN CONNECTION WITH ANY SERVICE OR PERFORMANCE
OR NON-PERFORMANCE OF OBLIGATIONS UNDER THIS AGREEMENT SHALL BE:
(i). FOR BODILY INJURY OR DEATH TO ANY PERSON OR REAL OR TANGIBLE PROPERTY
DAMAGE NEGLIGENTLY CAUSED A PARTY, OR FOR ANY DAMAGES ARISING FROM THE WILLFUL MISCONDUCT
OF PARTY OR FROM A BREACH OF THE PROVISIONS OF SECTION 10.h., THE OTHER PARTY'S
RIGHT TO PROVEN DIRECT DAMAGES;
(ii). FOR INDEMNITY, THE REMEDIES STATED IN SECTIONS 3.d. AND 9;
(iii). FOR ALL OTHER DAMAGES OTHER THAN THOSE SET FORTH ABOVE AND NOT EXCLUDED
UNDER THIS AGREEMENT, EACH PARTY'S LIABILITY SHALL BE LIMITED TO PROVEN DIRECT DAMAGES
NOT TO EXCEED IN THE AGGREGATE DURING ANY TWELVE (12) MONTH PERIOD AN AMOUNT EQUAL
TO THE TOTAL NET PAYMENTS PAYABLE BY CUSTOMER FOR THE AFFECTED SERVICE DURING THE
ONE (1) MONTH PRECEDING THE MONTH IN WHICH THE DAMAGE OCCURRED. THIS DOES NOT LIMIT
CUSTOMER'S RESPONSIBILITY FOR THE PAYMENT OF ANY AND ALL PROPERLY DUE CHARGES UNDER
THIS AGREEMENT.
c. EXCEPT FOR SECTIONS 3.d. and 9.a., IN NO EVENT SHALL EITHER PARTY BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES
OF ANY KIND OR INCREASED COST OF OPERATIONS, WHETHER OR NOT EITHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
d. FarrahTel International ALSO SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING
OUT OF OR RELATING TO: INTEROPERABILITY, INTERACTION, ACCESS OR INTERCONNECTION
PROBLEMS WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT OR NETWORKS NOT PROVIDED
BY FarrahTel International; SERVICE INTERRUPTIONS OR LOST OR ALTERED MESSAGES OR
TRANSMISSIONS (EXCEPT TO THE EXTENT CREDIT ALLOWANCES ARE SPECIFIED IN THE FarrahTel
International SERVICE GUIDE); OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS
OR DESTRUCTION OF YOUR, USERS' OR THIRD PARTIES' APPLICATIONS, CONTENT, DATA, PROGRAMS,
INFORMATION, NETWORK OR SYSTEMS.
e. The limitations of liability set forth in this Section 6 shall apply:
(i) regardless of the form of action, whether in contract, tort, strict liability,
equity or otherwise; and (ii) whether or not damages were foreseeable. These limitations
of liability shall survive failure of any exclusive remedies provided in this Agreement.
7. Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, FarrahTel International MAKES NO
EXPRESS OR IMPLIED WARRANTY AND DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. FarrahTel International DOES NOT WARRANT THAT THE SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS
OR THAT THE SERVICES WILL PREVENT UNAUTHORIZED ACCESS. EQUIPMENT PROVIDED BY FarrahTel
International IN CONJUNCTION WITH A SERVICE IS PROVIDED ON AN "AS IS" BASIS. FarrahTel
International DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF
AND YOU SHOULD NOT RELY ON ANYONE MAKING SUCH STATEMENTS.
8. Credit Allowances for Interruptions
If an interruption or failure of Services is caused solely by FarrahTel International
and not by you or a third party or other causes beyond FarrahTel International's
reasonable control, you may be entitled to a Credit Allowance as specified in the
FarrahTel International Service Guide.
9. Infringement Indemnity
a. FarrahTel International agrees to defend or settle any claim against you
and to pay all Damages that a court may award against you in any suit alleging that
a Service furnished under this Agreement infringes any United States patent, trademark,
copyright or trade secret, except where the claim or suit arises out of or results
from: your or User's Content in connection with the Service; modifications to the
Service made by or combinations of the Service with services or products provided
by you or others; FarrahTel International's adherence to your written instructions
or specifications; or use of the Service in violation of this Agreement. You agree
to defend or settle at your own expense all claims or suits against FarrahTel International
covered by the exceptions in the preceding sentence and to immediately cease any
activity which gives rise to the alleged infringement. The indemnifying party will
also pay all Damages and costs that by final judgment may be assessed against the
indemnified party due to infringement by the indemnifying party.
b. In the event of a claim of infringement for which FarrahTel International
is the indemnifying party under Section 9.a., FarrahTel International may at its
option either procure the right to continue using, or replace or modify, the alleged
infringing Service so that the Service becomes noninfringing and substantially compliant
with the requirements in this Agreement. Upon inability to reasonably perform either
of the foregoing options, FarrahTel International may terminate this Agreement,
without liability other than as stated in Section 9.a.
c. With respect to the indemnification obligations in this Section 9: (i)
the indemnified party will notify the indemnifying party in writing promptly upon
learning of any claim or suit for which indemnification may be sought; (ii) the
indemnifying party shall have control of the defense or settlement, provided that
the indemnified party shall have the right to participate in such defense or settlement
with counsel of its own selection and at its expense; and (iii) the indemnified
party shall reasonably cooperate with the defense, at the indemnifying party's expense.
10.General Provisions
a. Acts Beyond Control. NEITHER YOU NOR FarrahTel International SHALL BE
LIABLE FOR ANY DELAY, FAILURE IN PERFORMANCE, LOSS OR DAMAGE DUE TO: FIRE, EXPLOSION,
POWER BLACKOUT, EARTHQUAKE, VOLCANIC ACTION, FLOOD, THE ELEMENTS, STRIKE, EMBARGO,
LABOR DISPUTES, ACTS OF 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 THEIR REASONABLE CONTROL, EXCEPT THAT YOUR OBLIGATION TO PAY FOR CHARGES
INCURRED FOR SERVICES RECEIVED BY YOU SHALL NOT BE EXCUSED.
b. No Third Party Rights. This Agreement does not provide any third party,
including Users, with any remedy, claim, liability, reimbursement, cause of action
or other right or privilege.
c. Assignment. This Agreement may not be assigned by you without FarrahTel
International's prior written consent. FarrahTel International may assign all or
part of our rights and duties under this Agreement to a present or future affiliate
or successor. FarrahTel International may subcontract work to be performed under
this Agreement, but will retain responsibility for all such work.
d. Notices. Notices from you to FarrahTel International shall be made by
following the customer service instructions on your bill. You are responsible for
notifying FarrahTel International of any changes in your authorized billing address
and other contact information.
e. Severability. If any part of this Agreement is found invalid, the rest
of the Agreement remains enforceable.
f. GOVERNING LAW; JURISDICTION These Terms of Use shall be governed and construed in accordance with the laws of the State of Florida. You agree that in any legal action or proceeding between you and FARRAHTEL International for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction the state and federal courts of Orlando, Florida and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Site, Services or Materials must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. FARRAHTEL International’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. FARRAHTEL International may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
g. ARBITRATION & CHOICE OF FORUM By accepting these Terms and Conditions, you agree that, in the event a dispute arises between you and FarrahTel International, the exclusive remedy for the dispute shall be resolution by assignment to the American Arbitration Association ("AAA") in the State of Florida for a final and binding decision by a panel of three retired judges in accordance with AAA Commercial Arbitration Rules. You and FarrahTel Internationalin consideration of the fact that there will be binding arbitration, agree to waive any claim for punitive or exemplary damages, and agree to seek only compensatory damages in the arbitration proceeding. You and FarrahTel Internationalfurther agree that each of you may only participate in such proceedings or bring any claim arising out or your transactions with FarrahTel Internationalin an individual capacity and not as a plaintiff or class member in any purported class or as part of a representative proceeding. You and FarrahTel International understand that, by agreeing to arbitration, each is waiving its right to jury trial and appeal. You and FarrahTel International further agree that the terms and provisions of this Agreement will be governed by and construed in accordance with the laws of the State of Florida as set forth below. If either your or FarrahTel International attempts to institute a legal proceeding in court to enforce or interpret any arbitration decision, such proceeding must be instituted and maintained in the federal court for the State of Florida. You consent to appearing at an arbitration conducted in the State of Florida, and if it becomes necessary, to the jurisdiction of courts in the State of Florida. You hereby waive any objections to such jurisdiction in any action arising out of your transactions with FarrahTel International, including any claim involving FarrahTel International's employees, officers, or directors.
h. Publicity and Marks. No public statements or announcements relating to
this Agreement shall be issued by you or FarrahTel International without the prior
written consent of the other. You and FarrahTel International agree not to display
or use, in advertising or otherwise, any trade names, logos, trademarks, service
marks or other indicia of origin (collectively "Marks") belonging to the other without
obtaining the other's prior written consent, provided that such consent may be revoked
at any time.
i. Waiver of Rights. We may from time to time waive the enforcement of any
of the provisions of this Agreement. If we do, this will not affect our ability
to enforce that provision in our dealings with other customers or in our future
dealings with you, nor will it be considered an amendment of this Agreement.
j. Survival of Obligations. The respective obligations of you and FarrahTel
International, which by their nature would continue beyond the termination of this
Agreement, such as the obligations regarding limitations of liability, shall survive
termination.
k. Entire Agreement. This Agreement, constitutes the entire agreement between
you and FarrahTel International with respect to the Services provided hereunder.
This Agreement supersedes all prior agreements, proposals, representations, statements
or understandings, whether written or oral, concerning the Services or the rights
and obligations relating to those Services. This Agreement shall not be contradicted,
explained or supplemented by any written or oral statements, proposals, representations,
advertisements or service descriptions not expressly set forth in this Agreement.
Thank you for using FarrahTel International.