Terms of Use

THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING THE USE OF FLASHCALL LTD SERVICE AND YOUR RELATIONSHIP WITH FLASHCALL LTD. YOU SHOULD TAKE THE TIME TO READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS.

1. This agreement ("Agreement")

This Agreement (including the General and Specific Terms set forth below) contains all of the terms and conditions between FLASHCALL LTD Ltd. ("we", "us", "our" or "FLASHCALL LTD") and you, and governs the use of the services offered at the FLASHCALL LTD web site (the "Services"). You are deemed to have accepted this Agreement upon the earlier of: (a) your submission of an online order; (b) your accepting the Terms of Service electronically during registration; (c) your use of the Service (see Paragraph 3); If you do not agree to any of the terms set forth herein, you may not use the Service.

2. GENERAL TERMS

2.1. FLASHCALL LTD owns and operates a Voice over IP based communications service ("Service") and related Web Site. The Service and Site are provided to Customers according to this Agreement. The Agreement applies to the Service, Site, User Portal and any devices utilized ("Device") used to access the Service.

2.2. By activating the Service you will affirm the following:

2.2.1. You understand and intend that the Agreement is a legally binding agreement equivalent to a signed, written contract;

2.2.2. You will use the Service in a manner consistent with all applicable laws and regulations and in accordance with the terms of this Agreement and any other applicable rules or conditions that govern the use of the Service as they may be amended from time to time.

3. USE OF SERVICE

The following requirements apply to the use of our Services:

3.1. You will not use the Service for any purpose that is unlawful, abusive, intrusive on another's privacy, harassing, libelous, defamatory, threatening or hateful, or in any other way that would violate any applicable governmental law.

3.2. You may not offer the Service or any part thereof for sale or transfer to another person or entity without the expressed prior written consent of FLASHCALL LTD.

3.3. You may not reverse engineer, distribute, publish, display, modify or in any way exploit the configuration parameters which we provide as a means to access the Service.

4. FEES FOR UNAUTHORIZED USE

Unauthorized use as described in Section 4 typically results in call detail patterns which are easily recognized by automated reporting systems. FLASHCALL LTD uses such systems to identify prohibited use of the Service. FLASHCALL LTD reserves the right to take any and all actions it may deem appropriate with respect to such unauthorized use, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from using the Service, and levying cancellation and toll charges for the unauthorized use. FLASHCALL LTD reserves at all times all rights and remedies available to it with respect to such activities at law or equity.

All incoming or outgoing phone calls which are identified as unauthorized use are subject to an additional charge of up to 25 cents per minute (USD). The charge is due immediately, and will be deducted from the credit balance or form of payment you provided at the time of account activation. If you feel that such charge was made in error, and that the use did comply with section 3, you may dispute the charges. All such disputes must be made in accordance with section 9.14. Initiating a chargeback via your credit card company prior to pursuing the remedy described in section 9.14 constitutes a waiver of your rights regarding the dispute.

5. SERVICES

Users may seek the services of third parties and/or other users not related to FLASHCALL LTD through the use of the Site or Service. If there are any issues concerning advice and/or service received by a user from any third parties or any other user of the Site or Service unrelated to FLASHCALL LTD or any claims, controversies, suits or any damages whatsoever that may arise, users must deal directly with said third parties to resolve any disputes. FLASHCALL LTD will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise from any disputes between any users of the Site or Service.

6. ELIGIBILITY

Our services are void where prohibited by applicable laws. Our Service is offered only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors under the age of eighteen (18) or to anyone who may not be able to form a legal binding contract within such person's jurisdiction.

7. LINKS AND ACCOUNT INFORMATION

All users do hereby agree to be the sole, authorized user of their account. Should any user of this Site authorize any third party to use their account, user does hereby agree to supervise all usage thereof. FLASHCALL LTD has no control over the use of any user's account by a user authorized third party and expressly disclaims any liability derived therefrom.

Links from FLASHCALL LTD to other Sites on the Web do not constitute the endorsement of FLASHCALL LTD. These links are provided as an information service only. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other Sites.

8. TRAFFIC ATTRIBUTES

8.1. Call Duration – The rates agreed to by FLASHCALL LTD under this Agreement are based upon the condition that Customer will maintain a call duration of greater than 6 seconds in length for at least 80% of Customer's total calls. If more than 20% of Customer's traffic is 6 seconds or less in duration, Supplier has the right to suspend the service and notify the Customer of the occurrence.

9. SPECIFIC TERMS AND CONDITIONS

9.1. Paid Service – Payment for Service and applicable taxes is billed on a pre-pay basis. Additional charges including, but not limited to additional features and per minute charges for calls beyond those included in your Service will be billed at the end of the monthly period in which such charges are incurred. Unpaid balances for additional charges exceeding US$50.00 will be billed and become payable immediately.

9.5. Service Termination and Termination Fee. FLASHCALL LTD reserves the right to terminate the Service at any time with or without notice and for any reason. You agree that FLASHCALL LTD shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9.6. Refunds for interrupted or incomplete calls. In certain cases, FLASHCALL LTD may determine, at its sole discretion, that a full or partial refund should be issued to you for certain phone calls which were interrupted, not completed, or experienced audio quality issues. Call Quality Refunds may take up to 90 days to appear on your account. Pre-paid minutes and the balance associated with top-ups, will not be refunded for any reason or circumstance, but can be used at anytime.

9.8. Privacy. Personal data and certain other information submitted by you is subject to our Privacy Policy. Voice over IP communications are transmitted over public networks including the Internet. You acknowledge that FLASHCALL LTD is not liable for any loss of privacy arising out of use of the Service.

9.13. Payment terms – Customer shall pay the Charges in accordance with this clause. Before or upon ordering any Service, Customer shall pay through either: (i) FLASHCALL LTD's web interface using a credit card or a PayPal account; (ii) a wire transfer on the FLASHCALL LTD's bank account. All Charges or other sums due by Customer and payable to FLASHCALL LTD are stated exclusive of value added tax and any similar sales tax or duty which, if applicable, shall be invoiced and payable by Customer at the then prevailing rate. At any case any payment returned for nonpayment or for any credit card chargebacks, the customer shall pay a late payment interest of 1% per month of undisputed amounts on any amount owed but not paid by the due date until payment is made in full. If FLASHCALL LTD will be forced to start a legal action for the recovery of any amounts due by Customer under the Agreement, Customer shall pay to FLASHCALL LTD reasonable attorneys' fees, collection fees and any other costs actually incurred by FLASHCALL LTD with a minimum of 15% of the invoice(s) due.

9.14. Late Payments/Disputes. If Customer disputes in good faith any portion of any invoice, customer must within 10 calendar days following the date of such invoice pay the undisputed and disputed amounts of the invoice, together with written documentation substantiating Customer's basis for disputing the Charges. If Customer does not dispute in writing within such 10 calendar days period, Customer shall irrevocably have waived its right to dispute that invoice. Customer shall pay a late payment interest of 1% per month of undisputed amounts on any amount owed but not paid by the due date until payment is made in full.

9.16. No Liability. User agrees not to hold FLASHCALL LTD, FLASHCALL LTD's principals, agents and employees, officers, directors, or participants liable for any advice, representations and/or services delivered which originated through the Site or were otherwise provided by any user.

9.17. Indemnification. By agreeing to the terms of the User Agreement, Users agree to indemnify, defend and hold harmless FLASHCALL LTD, its directors, officers, employees, principals, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by FLASHCALL LTD in connection with any claim by a third party arising out of materials and content Users submit, post or transmit through the Site, any use of the Site in violation of these Terms of Use or in violation of any applicable law.

9.32. Disclaimer of Warranties. User expressly agrees that the use of the site and service is at user's sole risk. Neither FLASHCALL LTD nor its affiliates or licensors warrant that the site or service will be uninterrupted or error-free. The site and service is provided on an "as is" basis without warranties of any kind, either express or implied.

9.33. Limitation of Liability. Under no circumstances will FLASHCALL LTD or its Affiliates be liable to any party for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement. Furthermore, the aggregate liability of FLASHCALL LTD or its Affiliates arising with respect to this Agreement and the Site will not exceed the total amounts paid by user in the previous twelve (12) months under this Agreement.

9.34. General Provisions. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of Israel, without regard to its conflict of laws rules. All claims and disputes arising out of these Terms or Use or use of the Site shall be exclusively brought in the courts located in Israel.

9.35. Miscellaneous. Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. This Agreement shall be interpreted in accordance with the laws of Israel and any legal proceeding arising out this Agreement will occur in Israel.

10. 911 EMERGENCY SERVICE

FLASHCALL LTD does not route calls to emergency agencies such as 911. CUSTOMER is solely responsible to handle all of its emergency and government agency calls and route them, accordingly, to the appropriate city, state, or government agencies. FLASHCALL LTD and its officers, directors, employees, agents and affiliates will have no liability with respect to its inability to route and complete any of its CUSTOMER emergency calls.

11. Promotions

Any promotional bonuses awarded are non-refundable. Promotional bonuses will expire up to 6 months from issue date, unless otherwise specified.