TERMS OF SERVICE FOR gTalk PINLESS CALLING SERVICE
These Terms of Service constitute the agreement ("Agreement")
between gTalk ("we", "us", "gTalk") and
the user ("you", "user" or "Customer") of
gTalk® international prepaid calling services and any related products or services ("Service").
BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE
OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND
FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Customer Information. The customer is responsible to maintain his/her contact information and address current in the gTalk® database. This can be either done by the customer himself/herself by visiting his/her account at www.gTalk.us/pinless or by calling gTalk® Customer Support at (347) 229-9800, (214) 593-1004.
2. Service Outages. Customer's existing third party provided telephone/cell phone services is essential to access gTalk® pinless calling service system. So normal functioning of customer's local telephone or cellular service is a pre-condition for accessing all gTalk® services.
3. Availability of the Service. gTalk® pinless service is currently available for customers in Australia, Belgium, Brazil, Canada, France, Germany, Italy, Japan, Mexico, Netherlands, Spain, Sweden, UK, and USA. ONLY outgoing international i.e overseas calls can be made using gTalk® pinless service.
4. gTalk Pinless Calling Service does NOT provide either local telephone service or domestic long distance service. So gTalk® service does NOT support toll free calling or emergency calling service e.g. 911, 999, 112, 132500..
5. Service Distinctions. Important distinctions
exist between traditional telecommunications service and the service offered
by gTalk®. The service is subject to different regulatory treatments compared
to pure telecommunications service. This treatment may limit or otherwise
affect your rights of redress before regulatory agencies.
6. Payment/Recharge. gTalk® Pinless service is a pre-paid service and is available to customers for use for making exclusively international calls as long as there is a credit balance in customer's account. A customer is expected to replenish his/her credit balance from time-to-time by using credit/debit card. Alternatively customers may setup their account for 'auto recharge', an optional and free service, to avoid repeated manual recharge. Customers may recharge their account (manual or auto) either on line by logging on to his/her account at www.gTalk.us/pinless or by calling gTalk customer service at 1 (347) 229-9800 or 1 (214) 593-1004 (from USA, Brazil, Japan, and Mexico), 1 (800) 578-4894 (from Canada), 61280149354, 61871233044, 61731236044 (from Australia), 46852500159 (from Sweden and Germany), 390662207794 (from Italy), 33170618396 (from France), 3228083509 (from Belgium and Netherlands), and 442033181565 (from UK and Spain).
7. Settlement of Negative Balance Situation.
On rare occasions negative balance in customer account may occur due to simultaneous calls made from more than one registered telephone numbers of the customer's account when the account balance is very low. In such rare situation the negative balance amount will be recouped from the next recharge amount of his/her account.
8. Rounding of Calls. Fractional calls
will be rounded up to the next minute e.g. a 12.4 minute call will
be rounded to 13 min for billing.
9. Return Policy. In case the customer wants to close his/her gTalk® account gTalk® will refund any unused portion of the customer's credit balance less $3.00 cancellation fee. This is applicable for initial payment only. For balance of recharge money the customer should use up the balance fully by making calls and cannot claim refund. In case of delivery of consistently unsatisfactory service gTalk® will refund balance of recharge money as well on demand.
10. Rate Change Notification. Official means of communicating all rate changes to customers will be by posting on the web site https://www.gtalk.us/pinless/rate.php. Customers are advised to monitor rates on the web from time-to-time. Rate changes may occur without any prior notice.
11. Access Numbers. gTalk provides many access numbers in most of the countries it serves but it is statistically not possible to providing local access numbers for all customers. If a customer does not find a gTalk® access number that is within his/her local calling area he/she is advised to (a) use phones/cell phones those have nationwide free dialing facility, (b) change plans for the local phone service to access gTalk® service or use toll-free access number as explained in paragraph 12 below.
12. Toll Free Access and Fees. Though there are toll free access number available for the customers, the use of this will bear a per minute toll free access charge in addition to the regular call rates. Current toll free access fee information is available at FAQ section at https://www.gtalk.us/pinless/faq.php.
13. Change of Account Number. The account number is the customer's first registered telephone number and it cannot be changed by the customer. Only in exceptional cases this may be considered and the policy related to this is provided in the FAQ section. All other registered numbers may be changed by the customer.
14. Charges and Fees/Taxes. Details are as follows:
(a) There is NO account opening fees, connection fees, or account maintenance fees.
(b) Fees for the Use of Toll Free Access: Information on this is available at FAQ section at https://www.gtalk.us/pinless/faq.php and is applied in addition to the published call rates.
(c) Taxes. gTalk® does not collect taxes as surcharges from customers. It uses part of its revenue to meet tax obligations.
15. Quality/Connectivity and Billing Issues. The gTalk® pinless service is an 'Information Service' based on VOIP technology and is provided on BEST EFFORT basis. gTalk® does NOT guarantee the quality of such service to match that of conventional circuit switched PSTN service because that is technically infeasible. It is important that the customers be aware of this distinction. Customers may dispute any charges for the services used in writing (email accepted) to gTalk® within thirty (30) days of the date of the charge or the customer waives any objection. Written statements disputing charges must be sent to: firstname.lastname@example.org.
16. Reporting an Unresolved Charge Dispute with
Credit Card Company. While great care has been taken in the development of gTalk® pinless system to avoid such situation, we recognize our valued customer's right to report unresolved disputes on charges to his/her credit card company. However we strongly suggest the customer to view his/her purchase activity online and crosscheck with relevant credit card bill. gTalk® sincerely wishes to maintain good and lasting relationship with its valued customers and so it is advised that the customer first discuss the transactions in question with gTalk® through Customer Support at 1 (347) 229-9800 or 1 (214) 593-1004 (from USA, Brazil, Japan, and Mexico), 1 (800) 578-4894 (from Canada), 61280149354, 61871233044, 61731236044 (from Australia), 46852500159 (from Sweden and Germany), 390662207794 (from Italy), 33170618396 (from France), 3228083509 (from Belgium and Netherlands), and 442033181565 (from UK and Spain) or by email at email@example.com. gTalk maintains detailed log on every call made and every payment transaction by every customer for three years. So we do not see any reason for any dispute not being solved by mutual discussion. If in case of dispute based on incorrect information is reported by the customer to its credit card company and is proved to be so, the customer agrees to be charged a $75.00 processing fee per erroneous dispute from his/her credit balance with gTalk®. In case of shortage of fund in customer's account the balance may be collected from the customer through legal action, if needed. Excessive number of disputes may result in the cancellation of the customer account.
17. Use of Promotion Code to Open Account and Privacy. While opening gTalk® account you may enter a promotion code of a referrer. You understand that if the specific referrer is a gTalk® marketing partner, will have access to certain information on your account like name, email address, gTalk® account telephone number, recharge dates, and amounts. However gTalk® marketing partners are legally obligated to handle such information with strict confidentiality.
19. Display of Call Log. gTalk® displays call log for a maximum period of 60 revolving days on line in the secure website that customers may log on and see. gTalk® will not be able to provide call logs to customers that is more that 60 days old.