Send Global Service Terms and Conditions
"This is an Agreement
between you and SendGlobal for Communication Services and
related Services, and will become effective when you begin your
Send-Global Free Trial. You agree and acknowledge that
SendGlobal may refuse to accept this Agreement if Send Global
believes that you may be unable to perform, in whole or part
with the obligations hereunder.
Send Global Rates
Send Global rates are subject to change without notice. All calls
using our Service are billed in one minute increments with partial
durations rounded to the next full minute. Send Global rates do not
include current mobile service provider applicable charges. In many
countries, international telephone carriers charge higher prices to
terminate calls to a wireless device or special service lines. For
this reason, Send Global may charge a higher rate for these calls.
For a complete list of country rates visit our view rates section.
Send Global Service Availability
Service is subject to account approval at our sole discretion.
Service is normally available to your phone whenever you are able to
connect with your Send Global Access Number. The Company may choose
not to provide service to countries or calling areas at its sole
discretion. In addition, at any time the Company may prevent use of
Service for any reason, including fraudulent calling patterns,
billing irregularities and unlawful use. If your credit card is
invalid or payment is declined by the issuer at the time a charge is
attempted, you will not be able to use the Service until your
account is paid in full.
Send Global Charges
You are responsible for paying all charges to your account including
but not limited to: long distance, features, directory assistance,
annual fees, any taxes, surcharges or other fees. Advertised rates
are base rates and do not include regulatory compliance fees or
taxes. Depending on the origination and termination of each call an
additional charge of 0-10% will be assessed to each call. If you
activate Service on behalf of an entity but were unauthorized to do
so, you will be personally responsible for all charges to the
account and will be fully bound by this Agreement as though you had
activated Service on your own behalf. Calls are billed in full
minute increments with partial minutes rounded to the next full
minute. Calls are measured from approximately the time the called
party answers until approximately the time you press "End" or the
other party disconnects from the line. Connected calls to fax
machines, answering machines and voice mail will be charged in the
same way.
Send Global Billing and Payment
SendGlobal will provide a
detailed billing summary in an online format that may be accessed
through your customer account manager. If you choose auto-recharge
feature your credit card will be charged whenever your balance falls
below $5.00. If your credit card is declined and you are using the
auto-recharge service your account will not be recharged. Once
declined our system will attempt to recharge your account after each
call until your balance reaches $0.00. If auto-recharge is chosen
your credit card will be charged with no additional notice or
consent required if that is the payment method you have selected.
PLEASE NOTE: Charges on your credit card statement will
appear as Send Global. If you have any questions regarding this
please contact Julie at 800-782-0103 or 800-799-2908.
Disputes Disputed amounts
can be addressed by contacting SendGlobal Customer Service Team by
phone. All disputes must be received within 60 days after the date
of invoice. If these requirements are not met you will waive any
objections. If the desired results are not achieved after attempting
to resolve disputes by telephone you must state your dispute in
writing and mail with purchase receipt to the address below within
60 days after the date of invoice.
Send Global 3050
Union Lake Road, Suite 8-F Commerce Township, MI 48382
Service Termination/Default
Send Global has the right to terminate any account that
there has been a breach in representations to us, if our service is
being used for unethical, fraudulent, or misrepresented business.
Send Global 100% Guarantee and
Cancellation of Service/Refund You may cancel Send
Global Service at any time. If for some reason our service does not
meet your expectations you may receive a refund for the remaining
balance on your account. Simply contact our customer service or the
retail location you purchased the product from.
Unauthorized Use/Stolen Phone
If your phone is stolen or if you become aware of unauthorized
use of Service you must notify us immediately to suspend Service.
You are responsible for all charges to your telephone until Service
has been suspended.
Personal Account Information
Any person able to provide your name, address, mobile number and
last 4 digits of the credit card on record or PIN is authorized by
you to receive information about and make changes to your account,
including addition or deletion of accounts. If you are receiving
Service through a business calling plan from your employer, you
authorize us to share your account information with your employer.
Change to This Agreement
We may amend the terms of this Agreement at any time.
Any changes or updates will be posted here. As a customer you are
responsible for reading and understanding these terms and agreements
and reviewing them periodically for changes or updates.
Limitation of Liability
We are not liable for acts or omissions of another
service provider, for information provided through your phone,
equipment failure or modification, or causes beyond our reasonable
control. We are not liable for service outages nor for service
limitations or interruptions. We are not liable for any accidents or
incidents which result from the use of Service by you or any other
person. Our liability and the liability of any underlying carrier
for any failure or mistake shall in no event exceed our service
charges during the affected period. We and any underlying carrier
are not liable for any incidental, punitive or consequential damages
such as lost profits. We and any underlying carrier are not liable
for economic loss or injuries to persons or property arising from
the use of service. This paragraph shall survive termination of this
Agreement.
Indemnification You agree
to defend, indemnify, and hold us, our Affiliates and
representatives and any other service provider, harmless from claims
or damages relating to this Agreement or your promises or statements
made in it and use of the Service. This paragraph shall survive
termination of this Agreement.
Binding Arbitration Any
dispute or claim arising out of or relating to this Agreement or
service provided in connection with this Agreement will be resolved
by binding arbitration except that (1) you may take claims to small
claims court if they qualify for hearing by such a court, or (2) you
or we may choose to pursue claims court if the claims relate solely
to the collection of any debts you owe us. However, even for those
claims that may be taken to court, you and we both waive any claims
for punitive damages and any right to pursue claims on a class or
representative basis.
Arbitration Procedures
You must first present any claim or dispute to us by
contacting our Customer Service. If the dispute cannot be resolved
with Customer Service you may present your claim in writing at the
address contained on your invoice, to allow an opportunity to
resolve the dispute. You may request arbitration if your claim or
dispute cannot be resolved in 60 days. The arbitration of any
dispute shall be conducted in accordance with the American
Arbitration Association. Any arbitration will take place in Detroit,
Michigan. An arbitrator may not award relief in excess of or
contrary to what this Agreement provides, order consolidation or
class arbitration, or award punitive damages or any other damages
aside from the prevailing party's actual damages, except that the
arbitrator may award on an individual basis damages required by
statute and may order injunctive or declaratory relief pursuant to
an applicable consumer protection statute. Any arbitration shall be
confidential, and neither you nor we may disclose the existence,
content or results of any arbitration, except as may be required by
law or for purposes of the arbitration award. If any portion of this
arbitration clause is determined by a court to be inapplicable or
invalid, than the remainder shall still be given full force and
effect.
Arbitration Expense All
administrative fees and expenses of an arbitration will be divided
equally between you and us. In all arbitrations, each party will
bear the expense of its own lawyers and preparation.
Waiver of Punitive Damage Claims and
Class Actions By this Agreement you and we are waiving
certain rights to litigate disputes in court. If for any reason this
arbitration clause is deemed inapplicable or invalid, you and we
both waive, to the fullest extent allowed by law, any claims to
recover punitive or exemplary damages and any right to pursue any
claims on a class or consolidated basis or in a representative
capacity.
Privacy We are not liable
for any lack of privacy you may experience while using the Service.
We have the right to intercept and disclose any transmissions over
our facilities and to provide subscriber billing and call records
and related information under certain circumstances (for example, in
response to lawful process, warrants, subpoenas or to protect our
rights or property.)
Assignment We may assign
all or part of this Agreement without such assignment being
considered change to the Agreement, and without notice to you. We
are then released from all liability. You may not assign this
Agreement without our prior written approval.
Governing Laws This
Agreement shall be governed by, enforced and construed in accordance
with the laws of the State of Michigan.
Entire Agreement
These general Terms and Conditions represent the entire agreement
between you and us and supersedes all prior offers, contracts,
agreements and representations. This Agreement supersedes all
promises made to you by our client services agents, representatives
or employees. If any part of this Agreement is found invalid, the
balance remains enforceable.
Free SendGlobal Trial
We encourage the use of Service through
offering first time customers a Free SendGlobal Trial. Free Trials
are only available to first time customers to Send Global Service
and cannot be combined with any other offer. Only one Free
Trial may be redeemed per billable account. A billable account is
determined by containing any of the following: name, address, phone
number, email address, or credit card number. If you have more than
one phone registered in your account, you may use any or all of the
lines you register during your Free Trial period. You may sign-up
for the Free Trial through the Site, an authorized Send Global
Dealer or with a promotion code. The Free Trial provides up to $2.00
of calls using SendGlobal according to our most recent published
rates. At the end of your Free Trial period, we will notify you
during your call that you have one minute remaining in your Free
Trial, at which point you can choose to cancel or to continue
Service. If you would like to continue using Send Global simply
visit a local retailer or login to www.sendglobal.com and enter your
phone number in the customer account manager. Our site will walk you
through the steps to recharge your account. You may cancel Service
at any time. |