Customer Service Agreement

 

CALLIKA DO NOT PROVIDE EMERGENCY 911 SERVICE 

This Customer Service Terms and Conditions Agreement ("Agreement") governs all the terms and conditions associated with a Customer's ("you," "user" or "Customer") use of any related products or services ("Service") offered by or through CALLIKA ("we," "us" or "CALLIKA"). These Terms of Use may be modified at any time without notice and any such modification shall be effective immediately upon posting with respect to the Services, Software and Website. By assenting to these Terms of Use, you agree to periodically review these Terms of Use and further agree that you will be bound by any modifications or amendments thereto. Your continued use of the Services, Software or Website following any such modifications shall be deemed your conclusive acceptance of the modified Terms of Use. 

 

Online Acceptance

Since signing up for CALLIKA services is an online transaction, it is understood between CALLIKA and the Customer that online acceptance of this Agreement will carry the same legal authorization as if the Customer is providing a handwritten signature of acceptance. 

 

YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THAT CALLIKA DOES NOT PROVIDE 911 EMERGENCY NUMBER 

 

Terms and Conditions 

 

1 - Service 

Callika offers Voice over Internet Protocol (also known as VoIP, Voice over IP) enabled telephone service, including outbound calling, inbound phone numbers, and related telephony features. Service is offered on a prepaid basis. User accounts that are subject to a monthly service charge are automatically replenished through a charge billed to your credit card without further action by you (Automatic Recharge). You hereby authorize such charges. Automatic Recharge takes place (i) on a monthly basis at the commencement of each monthly term (unless you give Callika written notice of non-renewal as set forth below) and (ii) when the account balance is below the level set forth in the Calling Plan Details with respect to your particular calling plan. Callika provides the Service for full monthly terms only, beginning on the date that your account is first created.

You agree to use the Services, Software and Website for lawful purposes only. You are prohibited from posting on, or transmitting through, the Website any materials, or engaging through the Services in any conduct, that is fraudulent, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or otherwise objectionable, including without limitation, any material or conduct that encourages unlawful activities. If Callika suspects that you have engaged in any of the foregoing conduct, Callika may, in its sole discretion, (a) terminate or suspend your account or use of the Services, Software and/or Website; and/or (b) forward the offensive materials and/or information related to such prohibited conduct, your communications with Callika, and your personally identifiable information to the proper authorities for investigation or prosecution. 

A) CALLIKA offers the Customer, among other things, the ability to make local, domestic long distance and international telephone calls using hardware SIP phones. A complete list of CALLIKA services can be found on the Website (www.callika.com). CALLIKA is not responsible for reimbursements for calls made with another service while CALLIKA is temporarily unavailable. 

B) CALLIKA does not currently offer sales of any telephone devices ("Devices") to be used in conjunction with its Services. If at any time hereafter CALLIKA offers Devices to its Customer's for use with the CALLIKA Services, You expressly acknowledge that the terms herein pertaining to the use of such Devices shall be applicable. 

 

2 - Service Outages 

A) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service. 

B) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert CALLIKA to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service may not function. You acknowledge that CALLIKA is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service that may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement. 

 

3 - Residential Use of Service and Device

If you subscribe to CALLIKA's residential services, the Service and the Device are provided to you solely for residential use. You shall not resell or transfer the Service or the Device to another party without our prior written consent. When subscribing to a residential Flat-Rate Plan, you are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. NO BUSINESS PURPOSE WHAT SO EVER SHALL BE DEEMED A VALID USE OF THE RESIDENTIAL FLAT-RATE PLAN and CALLIKA reserves the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service or the Device was inconsistent with normal residential use. Utilization of the Service for a business purpose may only be accomplished through CALLIKA's Pay-Per-Call rate plan. 

 

4 - Prohibited Uses

A) Unlawful. You shall use the Service and the Device only for lawful purposes. CALLIKA reserves the right to immediately terminate your Service if, in our sole and absolute discretion, CALLIKA determines that you have used the Service or the Device for an unlawful purpose. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If CALLIKA believes that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, CALLIKA will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders, and requests for wire taps etc, from the government under the Patriot Act, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others. 

B) Inappropriate Conduct. You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. CALLIKA reserves the right to immediately terminate your Service if, in our sole and absolute discretion, CALLIKA determines that you have used the Service or the Device in any of the aforementioned ways. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If CALLIKA believes that you have used the Service or the Device in any of the aforementioned ways, CALLIKA may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, CALLIKA will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders and requests for wire taps etc, from the government under the Patriot Act, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others. 

 

5 - Tampering with the Service 

You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose. 

 

6 - Number Transfer on Service Termination 

Upon the termination of your Service, CALLIKA will not transfer any DID's, "real phone numbers", or "alternate phone numbers" purchased on your account to another provider. 

 

7 - Service Distinctions 

The Service is not a telecommunications service and CALLIKA provides it on a best efforts basis. Important distinctions exist between telecommunications service and the Service offering that CALLIKA provides. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. 

A) No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support 311, 511 and/or other x11 services in one or more (or all) service areas. 

B) No Directory Listing. The phone numbers you obtain from CALLIKA will not be listed in any telephone directories. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your name and/or address. 

C) NO 911 or e991 provided, CALLIKA does not provide 911 or e911 

 

8 - Incompatibility With Other Services

A) Home Security Systems. The Service provided by CALLIKA may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service. 

B) Certain Broadband and Cable Modem Services. You acknowledge that the Service presently may not be compatible with other broadband service providers. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service. 

 

9 - Service Availability 

To access CALLIKA's Services, the Customer must have access to a high-speed internet connection as well as SIP device. CALLIKA will not reimburse the Customer for any extra charges assessed by Customer's internet provider as a result of using their services to access CALLIKA's Services. 

 

10 - Opening an Account 

In order to become a CALLIKA customer, the Customer must complete in full an application form located on the Website (www.callika.com). As part of the application, the Customer will be required to provide CALLIKA with a unique Username. CALLIKA will then send the Customer an electronic notification (in the form of an e-mail message), containing a Password and confirmation that the Customer has activated their CALLIKA account. 

A) Credit References. CALLIKA may refuse to provide services to a Customer if the Customer's credit is not deemed satisfactory which determination shall be made at CALLIKA's sole discretion. NOTICE: CUSTOMER EXPRESSLY AUTHORIZES CALLIKA AND/OR THIRD-PARTIES DESIGNATED BY CALLIKA TO PERFORM A CREDIT CHECK AND / OR FRAUD SCORE BASED UPON THE INFORMATION PROVIDED IN THE APPLICATION FORM WHEN OPENING AN ACCOUNT AND THE ELECTRONIC SIGNATURE BELOW SHALL SERVE AS WRITTEN CONFIRMATION OF THIS AUTHORIZATION. ALL INFORMATION PROVIDED BY THE CUSTOMER SHALL REMAIN CONFIDENTIAL AND SHALL NOT BE DISSEMINATED TO ANY THIRD PARTIES EXCEPT TO THOSE THIRD-PARTY'S EXPRESSLY AUTHORIZED HEREIN. 

B) Usernames/Passwords. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD. THE CUSTOMER EXPRESSLY AGREES TO BE LIABLE FOR ALL SERVICES CHARGED TO THEIR ACCOUNT WHETHER OR NOT CUSTOMER HAS AUTHORIZED SUCH USE. AS SUCH, CALLIKA CANNOT BE HELD RESPONSIBLE FOR FRAUDULENT CHARGES THAT RESULT FROM THEFT OR FRAUDULENT USE OF THE CUSTOMERS ACCOUNT OR CREDIT CARD INFORMATION. If a Customer suspects that their Account, Username and/or Password is being used in an unauthorized manner, the Customer shall be required to contact CALLIKA within twenty-four (24) hours of a Customer's suspicion or awareness that unauthorized use has occurred on their Account so that the appropriate modifications can be made to prevent any further unauthorized usage on that Account. ALL ACCOUNT INFORMATION WILL BE SENT TO THE E-MAIL ADDRESS PROVIDED BY THE CUSTOMER AT SIGN UP. Therefore, it is the Customer's responsibility to provide CALLIKA with a secure e-mail address as CALLIKA will not be responsible and shall be held harmless for any access to Customers Account by any unauthorized persons. 

 

11- Payment

SERVICES PROVIDED BY CALLIKA are ON A PRE-PAID BASIS ONLY. As a Customer uses CALLIKA's services, their Account will be debited accordingly. No phone services will be provided if the Customer's Account does not have a sufficient balance to cover the cost of the service requested. You authorize any charges incurred from the use of your Callika account to be billed to you through your account or credit card. You may use the Callika account only so long as your account or credit card remains valid and in good standing. You agree to pay for all charges incurred by use of the Callika account issued to you and comply with all other terms and conditions set forth herein. You are not authorized to use your Callika account after your account or your credit card has expired, or been withdrawn, revoked, or terminated. Nevertheless you remain responsible to Callika for any charges resulting from the use of your Callika account after any such expiration, withdrawal, revocation or termination, which charges are payable immediately to Callika. Charges for the Service will be rated and charged in accordance with the rates provided by Callika, any promotional offer pursuant to the published terms of such offer by Callika, or as otherwise as provided in our price list or on the Website. Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole cent. All calls that are determined to have been answered incur a minimum one (1) minute charge. Callika relies on reasonable and standard technologies to determine whether and when a call has been answered, including without limitation signals sent by the carrier connecting the call that indicates the commencement of call. These technologies are not perfect or entirely reliable and it is possible for call-commencement signals to be received in error. All calls made to mobile telephones are deemed to have been completed. You must notify Callika in writing of any disputed charges within five (5) days of the charges or you will be deemed to have waived your right to dispute the charges. 

 

12 - Recharging Account

In the event a Customer wants to use CALLIKA's services in an amount, which exceeds the remaining balance in their Account, they may access the Website and recharge (or supplement) their Account by purchasing additional services. Customer also has the option of setting their account in auto-re-charge position with a predefined amount of automatic re-charge using the credit card information maintained on file with CALLIKA. The Customer will receive an electronic confirmation/receipt from CALLIKA of any such re-charge. 

 

13 - Rates

CALLIKA's rates are listed on its Website. You are responsible for checking all applicable rates/promotions before making any call using CALLIKA's services. Please note that the rates for calls to certain numbers (e.g., mobile/special service numbers) may be higher than rates for calls to other numbers within the same country. CALLIKA reserves the right, at its sole discretion, to modify these rates at any time and/or to offer or discontinue special promotions. Rates are based on country code and city code, not country name. While CALLIKA endeavors to maintain rates that are competitive in the market, CALLIKA does not guarantee that its rates will change in any predictable fashion. In addition, should market conditions or factors outside of CALLIKA control raise its costs or wholesale rates to some or all service destinations, CALLIKA reserve the right to adjust its rates accordingly. 

 

14 - Rate Changes 

CALLIKA RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY ITS RATES, MONTHLY FEES, SURCHARGES, AS WELL AS ANY OTHER FEES COLLECTED BY OR PAID TO CALLIKA UNDER THE TERMS OF THIS AGREEMENT. If a Customer chooses to terminate their Account as a result of changes in CALLIKA's prices, the Customer must CANCEL their account no later than the twentieth (20) day of the month. You must then e-mail customer support to request a refund of any funds within your balance. If CALLIKA does not receive notification by the Customer by the twentieth (20) day of the month the Customer's account will be charged for the next monthly billing cycle. Any unused balance in a Customers Account will be credited back to the credit card on file with CALLIKA in accordance with CALLIKA's Money Back Guarantee Policy. 

 

15 - Monthly User Fee

If a Customer subscribed for a rate plan or service with a monthly fee, this fee will be charged regardless of whether a Customer uses their Account to make any telephone calls, or uses the service in a given month. 

 

16 - Email Notification

The Customer is responsible for both maintaining a current and operational e-mail address and for reading all e-mail notices from CALLIKA. It is expressly understood by you that e-mail notification will be the only manner by which CALLIKA will communicate with you regarding updates to its services and information pertaining to your Account. You may also view information regarding your Account by logging into your CALLIKA Account on the CALLIKA website. 

 

17 - Consent to e-Mail Communications 

By entering into this Agreement, you consent to both the receipt of electronic mail ("e-mail") from CALLIKA and that e-mail communication shall be the sole manner by which CALLIKA shall contact Customer. In addition to sending a Customer e-mail notifications as provided for above, CALLIKA may also send a Customer e-mails about services and products the Company believes may be of interest to you. A Customer may opt-out of future e-mails about products or services by contacting CALLIKA in writing. CALLIKA reserves the right, however, to continue to e-mail Customer important information relating to their Account, this Agreement or other regulatory communications. 

 

18 - Service Not Suitable 

Service Not Suitable for Security Systems or Other Critical Uses, no directory listing, no 0+ or directory assistant 

 

19 - No Verification of Registered Location Address

The company will not automatically update or verify any addresses provided by customer, it is the customer's responsibility to maintain the accuracy of the registered location. 

 

20 - Billing 

A) When the service is activated, you must provide CALLIKA with a valid email address and a credit card number from a card issuer that we accept. CALLIKA reserves the right to stop accepting credit or debit cards from one or more issuers. If your credit or debit card expires, you close your account, your billing address changes, or your credit or debit card is cancelled and replaced on account of loss or theft, you must advise CALLIKA at once. CALLIKA will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your credit card, including but not limited to: 

- Activation fees;

- Monthly Service fees;

- International usage charges;

- Advanced feature charges;

- Equipment purchases; 

- Termination fees; and 

- Shipping and handling charges.

The amount of such fees and charges shall be published on CALLIKA's website and may change from time to time. Notification of monthly statements will be sent to you via your email address on file with CALLIKA. We reserve the right to bill at more frequent intervals if the amount you owe to us at any time exceeds $50. 

B) Billing Increments. Charges for telephone calls are measured in whole minutes. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on our website. Timing on calls begins when the call is answered by the called party. Timing terminates on calls when the calling party hangs up or CALLIKA's network receives an "on -hook" signal from the terminating carrier. CALLIKA will not, and is not obligated to, provide refunds for any calls made using its service. 

C) Billing Information. CALLIKA does not send any sttements to its customers. Instead, the Customer is responsible to view their statements using their secure USERNAME and PASSWORD to access their billing information, which shall be available on CALLIKA's website for the current month and prior one (1) months only. This information is available on the Website twenty-four (24) hours a day seven (7) days a week. (For example, if a Customer reviews their statement information in April, they will be able to see charges for April as well as the preceding month of March. The customer is responsible for printing out their monthly statements, and CALLIKA will not provide monthly statements beyond what is available online. 

D) Billing Disputes. A Customer must notify CALLIKA by e-mail on the CALLIKA website of any disputed charges within five (5) days of the charge being posted to their Account. CALLIKA will attempt to resolve all disputes within sixty (60) days of being notified of a dispute. To the extent CALLIKA determines, at its sole discretion, that a billing adjustment is warranted, a Customers Account will be credited accordingly. If a Customer fails to notify CALLIKA of a billing dispute as noted above, the Customer shall expressly waive all rights to bring any claim against CALLIKA regarding a disputed charge. This Section does not waive Customers responsibility to notify CALLIKA of unauthorized use of its Account, Password or Username within the period. 

 

21 - Ownership of Account 

CALLIKA will not make any adjustments to a Customer's Account information nor send the Username or Password unless provided with both the first and last four (4) digits of a Customers credit card number on file, the answer to the security question chosen by Customer, and/or any other information CALLIKA deems necessary at its sole discretion. A Customer can request their password be sent to them at any time via email by clicking the "Forgot Password" link on the sign-in page. If you cannot provide this information, CALLIKA will close your Account and credit the balance using the credit card information of file. You can always cancel your Account by logging into the CALLIKA website at www.callika.com. 

 

22 - Expiration 

A Customers account shall refresh monthly until Cancelled with CALLIKA in accordance with the terms set forth in this Agreement. Notwithstanding the foregoing, CALLIKA, expressly reserves the right to cancel any account, in its sole discretion, which has not been used and maintains a zero balance for over ninety (90) consecutive days. 

 

23 - Termination 

A) You may terminate your account at any time by providing at least ten (10) days prior written notice of non-renewal to Callika Customer Care which contains your name, account number and clear request to terminate the Service shall suffice as a written notice for the purpose described in the previous sentence. If you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges through the end of the then-current monthly term. Any notice of termination received within the final ten (10) days of any monthly term will be effective as of the conclusion of the subsequent month. Accounts not subject to Automatic Recharge will expire after one hundred and twenty (120) days unless a call has been made or funds have been added. 

B) Discontinuance of Service. CALLIKA reserves the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or terminate your Service without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated on account of your breach of any provision of this Agreement, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable. 

C) Cancellation. A customer may discontinue CALLIKA's Services at any time upon notice (either electronic or written) to CALLIKA. The Company will then shut down all access to Customers Account. The unused balance will be credited back to you are the Customers credit card in accordance with our Money Back Guarantee Policy. 

CALLIKA reserves the right, at its sole discretion and for any reason, to (a) terminate this Agreement and the Customers access to its Service and/or (b) to refuse to allow the Customer to re-charge their Pre-Paid Account. If fraud is suspected, CALLIKA has the right to put an account immediately on hold until investigation into the fraud is completed. 

 

24 - International Calls 

Although the quality of international telephone calls has improved greatly in recent years, calls to certain countries outside the CANADA can be interrupted as a result of service/network issues in those countries. CALLIKA will attempt to identify any such issues, with the cooperation of the Customer. All necessary information must be provided including date, time, origination number and destination number. However, CALLIKA WILL NOT REFUND ANY CHARGES FOR SUCH INTERRUPTED CALLS. 

 

25 - International Shipping 

Please note that in cases of international shipping, CALLIKA will not be held responsible for any delays resulting from local customs offices or the processing through the local post. 

 

26 - Government Taxes 

CALLIKA reserves its right to pass through to the Customer any new government taxes, fees or surcharges that shall appear as an additional itemized charge on Customer's Account. 

 

27 - Agents

CALLIKA does not authorize any third-party agents or resellers to sell CALLIKA services, electronically or through phone cards, unless specifically authorized by CALLIKA. If contacted by an agent, a Customer is required to contact CALLIKA to confirm that the contacting agent is licensed and authorized by CALLIKA to provide these services. If a Customer fails to confirm authorization of a third-party agent or reseller of CALLIKA, Customer cannot hold CALLIKA liable and expressly releases CALLIKA from any representation made by an unauthorized third-party agent or reseller. 

 

28 - Access to Third-Party Vendors

CALLIKA Customers may also purchase various products and services from third-party vendors by accessing those third-party vendors directly through CALLIKA's Website via click throughs or hyperlinks. CALLIKA is not responsible for the contents of any linked site, the products/services offered through those sites, any link to other sites contained in a linked site, or any changes or updates to such sites. CALLIKA provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement, guarantee or warranty (either expressed or implied) by CALLIKA of the site or the products/services offered through that site. 

 

29 - Customer Service 

If a Customer has any questions, concerns or complaints about the services, provided by CALLIKA they may contact CALLIKA's Customer Service Department 24 hours a day, 7 days a week by sending email. 

 

30 - No Warranties on Service

CALLIKA, ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS PROVIDE THE SERVICES ''AS-IS'' AND MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH THE NETWORK, THE SERVICES (INCLUDING ANY FEATURES) OR THE EQUIPMENT CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL REPRESENTATIONS WARRANTIES OR CONDITIONS OF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED. 

 

31 - No Warranties, or Limited Warranties, for Devices

If the Customer purchased a new Device from CALLIKA and the Device included a limited warranty at the time of purchase, the Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer's Device did not include a limited warranty from CALLIKA at the time of purchase, Customer agrees that it accepts its Unit in question on an "as is" basis and that Customer is not entitled to replacement or refund in the event of any defect. 

 

32 - No Third Party Beneficiaries 

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights. 

 

33 - Limitation of Liability 

CALLIKA SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM. CALLIKA WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, AND EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF CALLIKA HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADDITION, CALLIKA SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS. 

 

34 - No Warranties

CALLIKA DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT. 

 

35 - Force Majeure

CALLIKA shall not be liable for its failure to perform its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of CALLIKA. 

 

36 - Indemnity

Customer agrees to indemnify, defend and hold CALLIKA, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website, from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorneys fees, which are the result of, or are in any way related to, Customers use of the Website, CALLIKA's services, and/or your transactions/communications with third-party vendors initiated via the Website. 

 

37 - Trademarks

All corporate names, service marks, logos, trade names, trademarks, websites and domain names of CALLIKA, including but not limited to "CALLIKA" and "Callika.com" (collectively "Marks") are and shall remain the exclusive property of CALLIKA and nothing in this Agreement shall grant Customer the license to use such Marks without the express written permission of CALLIKA. 

 

38 - Assignment

CALLIKA may assign its rights and duties under this Agreement to any party at any time without notice to the Customer. A Customer may not assign their rights and duties under this Agreement without the express written permission of CALLIKA, and such permission and/or authorization shall be in the sole discretion of CALLIKA. 

 

39 - Resolution of Disputes

Mandatory Arbitration: Any dispute or claim between a Customer and CALLIKA arising out of or relating to CALLIKA's services or Devices provided by CALLIKA in connection with this Agreement shall be resolved by arbitration before a single arbitrator. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims to the arbitration process. The arbitrator shall have no authority to award punitive damages. The Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial. 

 

40 - Privacy

IP telephony utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. CALLIKA is not liable for any lack of privacy which may be experienced by any CALLIKA client with regard to CALLIKA's services. Please refer to our Privacy Policy for additional information. 

 

41 - Notices, communication with customer

Notices to Customer shall be sent to the email address on file for Customer at CALLIKA's offices and will be considered given on the date sent out by CALLIKA to the party concerned. Please refer to section 40 of this Agreement regarding a change of e-mail address. You are responsible for update your email address by login to your account, and we may continue to use your previous e-mail address unless and until we have received your notice of address change. 

 

42 - Accuracy

Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used. 

 

43 - All at Customer's Own Risk

The Customer acknowledges and agrees that the entire risk arising out of the use or performance of the Company Software remains with the Customer, to the maximum extent permitted by law 

 

44 - Sever ability

If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provision will of this Agreement will continue in full force and effect. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. 

 

45 - Integration - Entire Agreement

This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between Customer and CALLIKA with respect to the services provided hereunder and will supersede and replace all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and CALLIKA. 

 

46 - Service is not Telecommunication

The Service is an enhancement to the Customer's "land-line" or other means of telecommunications services and/or broadband service and this Service should not be the Customer's primary means of communications. The Service is not a "telecommunications service." While the Company may use commercially reasonable efforts to provide the Service, no representation or warranty is made to the Customer that this Service will be available on any regular or reliable basis. Since this Service is not a telecommunications service, it is not subject to certain regulatory provisions which may limit or reduce the Customer's remedies. The Customer is responsible to consider the lack of regulation and other assurances before accepting the Service and the terms of this Agreement. 

 

47 - No Privacy For Service

As "voice over the internet protocol" or "voip", the Service utilizes, in whole or in part, the public internet, broadband service providers, third party routers and networks, as well as a number of other parties and equipment. As such, the Company is not able to assure the Customer of any level of privacy when using the Service and the Customer should not have any expectation of privacy when using the Service. The Company is not liable for any lack of privacy which may be experienced with regard to the Service. Additional terms and conditions are found in the Company's Privacy Policy 

 

48 - Governing Law

This Agreement, and all modifications/amendments thereto, shall be governed by the law of the Province of British Columbia, Canada. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of CALLIKA's services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

 

49 - Waiver

CALLIKA's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision hereof nor CALLIKA right to enforce a provision upon the Customer. 

 

50 - Term

The term of this Agreement shall be from the inception of a Customers Account until termination. 

 

51 - Privacy Policy

To learn about how CALLIKA protects the Customers personal information, refer to CALLIKA's Privacy Policy on the CALLIKA's Website. 

 

52 - Compliance with Laws

CALLIKA shall comply with all applicable federal, state and local laws and/or regulations regarding the provision of the services provided for under this Agreement. 

 

53 - Use

Customer agrees to use CALLIKA's service in a lawful manner, which is consistent with the terms and conditions of this Agreement and all applicable federal, state and local laws and/or regulations. CALLIKA reserves the right to immediately, and without notice, terminate, or otherwise discontinue, a Customers Account in the event it determines that a Customer has violated any such term, condition, law and/or regulation. 

 

54 - Content

You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device (each such person, a "User"). You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. CALLIKA reserves the right to terminate or suspend your Services and remove you or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. CALLIKA's action or inaction under this Section will not constitute any review or approval of you or your Users' use or content. 

 

55 - Disclaimer

Rates are subject to change without prior notice. Rates are subject to all applicable taxes. You confirm that you have read and understood the Terms of Service. Available where technology permits. Taxes are extra. Certain conditions apply. Callika may withdraw this offer at any time at its sole discretion, without any prior notice. Local Calling Areas are defined by the phone number selected. Within Canada and the Continental U.S. excludes Alaska and Hawaii. Unlimited plan also excludes Yukon and North West Territories. Cannot be combined with any other offer. 

 

56 - Legalility

CALLIKA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE SERVICES, TECHNOLOGY OR EQUIPMENT BEING PROVIDED IS LEGAL OR ALLOWED IN YOUR HOME COUNTRY, OR THE COUNTRY YOU ARE PLACING CALLS FROM. CALLIKA IS NOT RESPONSIBLE FOR VERIFYING LOCAL/NATIONAL LAWS AND IT IS UP TO YOU TO DETERMINE IF USING THE CALLIKA SERVICE IS LEGAL IN YOU COUNTRY/JURISDICTION. BY ACCPETING SERVICE UNDER THE TERMS OF THIS AGREEMENT YOU ARE EXPRESSLY RELIEVING CALLIKA FROM ANY LIABILITY ARISING UNDER THE TERMS OF THIS PROVISION. 

Callika does not warrant that the Services are completely error free or will operate without packet loss or interruption nor does Callika warrant any connection to or any transmission over the Internet. Use of the Services shall be in accordance with these Terms of Use. Information on the Website or in other materials may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Callika may also make improvements and/or changes to the Services, Software or Website at any time without notice. Statements and descriptions concerning the Service, Software or Website, if any, by Callika or Callikas agents or partners are informational and are not given as a warranty of any kind. 

 

All Services Software and the Website and equipment provided by Callika are provided as is. 

 

CALLIKA DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, THE SOFTWARE, THE WEBSITE OR ANY EQUIPMENT PROVIDED. NEITHER CALLIKA NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR THE INABILITY TO MAKE EMERGENCY SERVICE CALLS, INCLUDING WITHOUT LIMITATION 911 CALLS, OR YOUR FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE SERVICES OR SOFTWARE WE DO NOT PROVIDE ANY 911 EMERGENCY SERVICE. IN NO EVENT WILL CALLIKA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, PUNATIVE, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, SOFTWARE OR WEBSITE OR ANY TRANSACTIONS PROVIDED ON, OR HYPERLINKED, FROM THE WEBSITE, EVEN IF CALLIKA OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE WEBSITE, INCLUDING WITHOUT LIMITATION THE INABILITY BY YOU OR ANY THIRD PARTY TO BE ABLE TO DIAL 9-1-1 OR OTHER EMERGENCY SERVICE NUMBERS OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. 

By way of example, and not limitation, Callika shall not be liable for any delay or failure to provide the Service at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: 

act or omission of an underlying carrier, service provider, vendor or other third party; equipment, network or facility failure;

equipment, network or facility upgrade or modification;

Force Majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions; 

equipment, network or facility shortage; 

equipment or facility relocation; 

service, equipment, network or facility failure caused by the loss of power to you;

outage of your ISP or broadband service provider;

your act or omission or that of any other person using the Service provided to you; or 

any other cause that is beyond Callika's control, including without limitation, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed.

CALLIKA'S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR EXPENSE FROM ANY CAUSE WHATSOEVER, SHALL IN NO EVENT EXCEED SUMS ACTUALLY PAID TO CALLIKA BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

Links available on or through the Website may enable you to leave the Website. The linked sites are not under the control of Callika and Callika is not responsible for the content of any linked site or any link contained on or through a linked site, any changes or updates to such sites or the privacy practices of any linked site. It is up to you take precautions to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature. Callika is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Callika. 

Callika cannot and does not guarantee or warrant that the files available for downloading from the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Services, Software and Website, and your use of the Internet. 

You agree to indemnify, defend and hold harmless Callika, its officers, directors, employees, agents, subsidiaries, shareholders, licensors, suppliers and any third party information providers of or to the Services, Software or Website (the ''Indemnified Parties''), from and against all third party claims, losses, expenses, actions, liabilities, damages and costs (including without limitation reasonable attorneys' fees) arising out of or in connection with any claim, demand, action, suit, investigation, arbitration, or other proceeding by a third party to the extent directly or indirectly arising from your use of the Services provided by Callika, including the inability by you or any third party to be able to dial 911 or to access emergency service personnel . The provisions of this paragraph are for the benefit of the Indemnified Parties. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf. 

You agree that Callika, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, Software or Website, for any reason, or no reason. Callika may also in its sole discretion, discontinue providing or modify the Service, Software or Website or any parts thereof. You agree that any termination of your access to, or modification of the Service, Software or Website may be effected without prior notice. Further, you agree that Callika shall not be liable to you or any third-party for any such termination, modification, deactivation or any other act of Callika contemplated by this paragraph. 

 

57 - Modifications/Amendments

This Agreement may be modified or amended by CALLIKA at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website under Terms and Conditions. Furthermore, you will be asked to verify acceptance of these terms when you initially signup for your account. YOUR CONTINUED USE OF YOUR ACCOUNT AFTER ANY NOTICE POSTED AT LOGIN TO YOUR CALLIKA ACCOUNT OF A MODIFICATION TO THIS AGREEMENT WILL BE CONCLUSIVELY DEEMED TO BE AN EXPRESS ACKNOWLEDGEMENT AND ACCEPTANCE OF ANY SUCH MODIFICATIONS. 

 

59 - Money back guarantee Policy

Overview

Callika's services and rate plans are offered on a month to month basis. At any time prior to the beginning of the billing period (see below) you can cancel any or all of your services by logging into your account and canceling each service you wish to discontinue. 

If you choose to cancel your account with Callika, we will refund all unused funds within your balance to your credit card, PayPal account, or with a check sent to you via postal mail. It is within Callika's discretion to choose how we will refund your balance upon cancellation of your account. 

 

Cancelling services on your account

Callika offers services and rate plans on a month to month basis with no long term contracts. All Callika customers may cancel any or all services on their account at any time by using the My Callika website. Because Callika offers its customers this flexibility to cancel services and rate plans at any time; we do not offer refunds on services and rate plans already subscribed to and paid for such as (but not limited to): North America Unlimited, World Select, Voice Mail, Real Phone Numbers, or Alternate Numbers. Refunds are only available for funds within your balance (see below). 

To cancel the automatic monthly extension and billing of services and/or rate plans on your account please login to the My Callika page and cancel any services you wish to discontinue. You must cancel the services and/or rate plans by providing at least ten (10) days prior written notice before the beginning of the billing period in order for automatic extension and billing not to occur for the following month. For security reasons, all cancellation of services and rate plans must be done via the My Callika page. 

 

Cancelling your Callika account

If you wish to cancel your Callika account and request a refund of all unused funds within your balance please send and email to account department and request that your account be cancelled and all unused funds in your balance be refunded. When requesting to cancel your account please let us know the reason you wish to cancel your service, and if there is anything we can do to keep your business. All cancellations of accounts and requests for unused balance refunds must be submitted to accounting department through email for security reasons, and to accurately track your request. 

 

Specific refund conditions based on method of payment:

Credit Card:

- For security reasons the credit or debit card you used to add funds to your balance must still be valid when you request a refund. We cannot refund to a credit card that has expired or been cancelled.

- If your card has expired and you kept the same card number but there is a new expiration date we may not be able to refund money to your card for technical reasons with our credit card processor. 

- We will deduct $4 USD from the balance amount to cover transaction costs when you request a refund. If your balance is less than $4 USD you cannot request a refund, however you can of course spend the remaining balance on calls. 

 

PayPal:

- For money transferred to us via PayPal we will only refund money to the same PayPal account we received it from. Your PayPal account must be considered "Verified" by PayPal, open, and in good standing with PayPal for us to refund money.

- We will deduct $4 USD from the balance amount to cover transaction costs when you request a refund. If your balance is less than $4 USD you cannot request a refund, however you can of course spend the remaining balance on calls. 

 

Wire Transfer:

For money transferred to us via Bank Wire Transfer we will only refund money with a Check delivered via postal mail; or via PayPal. We reserve the right to choose the method of refund. 

 

Additional Conditions

In order for the money back guarantee to apply, the following conditions must be met: 

- Your account must be in good standing and not have been disabled for fraud, abuse, or any other violation of the Callika Terms and Conditions.

- If you are unsatisfied with the Service you have activated, you may request a return of unused funds in your pre-paid account balance within thirty (30) days of your credit card charge, subject to payment of any applicable monthly fees or usage charges. Such funds include only those you actually paid and do not include bonuses or other promotional additions to your account balance. 

 

Callika reserves the right to modify or discontinue the Money Back Guarantee Policy at any time without notice.