This Agreement (hereinafter “Agreement”) contains the general terms and conditions that refer to the relationships and obligations between IguanaCALL who is a DBA of SRVC, LLC (hereinafter “we” or “IguanaCALL”) and the person (hereinafter referred to as “You”, “user”, “client” or “customer”) in connection with the IguanaCALL Service (as defined herein) and supersedes all prior agreements and pursuant of this Agreement.
For the purposes of this Agreement, the term “IguanaCALL” includes our respective subsidiaries, affiliates, agents, employees, successors, lawyers, and any other service provider providing you with services or devices under this Agreement.
ANY OF THE FOLLOWING ACTIONS CONSTITUTE THE ACCEPTANCE OF THE AGREEMENT, ACCORDING TO THE FOLLOWING TERMS AND CONDITIONS:
(1) ACCEPT THE TERMS AND CONDITIONS ELECTRONICALLY DURING THE ORDER PROCESS AND / OR AT THE CONNECTION TO USE YOUR SERVICE,
(2) THE PRESENTATION OF AN ORDER,
(3) USE OF THE SERVICE DESCRIBED HEREIN.
THROUGH THESE ACTIONS YOU AGREE TO BE BOUND BY THE TERMS OF THIS DOCUMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT.
No Contract: You may cancel your service at any time by providing a notice of your intent to cancel calling our Customer Service at 1-855-948-8080.
30 Days Money Back Guarantee: If you are unsatisfied with your service for any reason in the first 30 days after your sign up. Does not apply to any charges for international calls or add-on lines or services added after your initial order. IguanaCALL will refund for all eligible charges except for device charges. Equipment is not returnable or refundable. Non-usage of services does not constitute cancellation of service nor does it extended the 30 Days Money Back Guarantee period.
DEFINITIONS: The terms used in this agreement will have the following description, in the understanding that they can be used in plural or singular without this affecting their meaning:
Device: description for a phone supplied by IguanaCALL, phone adapter (“Adapter”), router, softphone, software or other device used with the Services.
Documentation: describes the user manuals and other documentation related to the Services, which are available to the Client by IguanaCALL through Internet or in the form of printed media.
Services: means the products and services that are provided to you as described in any quotation or order form, including, collaborative services and any associated software, hardware or web-based platform. “Service” shall also include any additional services provided to you as described in any additions or amendments.
Software: means any proprietary software owned by, licensed by, or that IguanaCALL has the right to sublicense under this Agreement. The Software is provided to Customer under this Agreement or used to provide the Services.
OBJECT: The purpose of this AGREEMENT is to establish the conditions for the provision of the service by IguanaCALL to the Client in compliance with the provisions of the laws enforced in the United States of America
CUSTOMER REPRESENTATIONS: You understand and agree that IguanaCALL Services are primarily offered and guaranteed in the United States. IguanaCALL Services offered and supplied in other countries will be treated under the same agreement and conditions here established and with a legal address in the United States.
You must be at least eighteen (18) years of age or, as the case may be, the age of majority in the country, state or province in your country of residence, and provide the necessary documentation that you have the legal right and ability to enter into this Agreement.
You must declare a valid and legal user name, contact information and registered location are valid, correct and for business use, and you are authorized to act on behalf of your company.
You understand that IguanaCALL is based on the information you provide which either false or incorrect; it may affect service provisioning and delays in the delivery, suspension or termination of your Service and the inability to make or receive calls.
You agree to promptly update IguanaCALL whenever you change your personal or billing information (including, but not limited to, your name, address, email address, telephone number and payment method and expiration date).
You agree to be financially responsible for the use of the Service, as well as for the use of your account by third parties.
USE OF THE SERVICE AND DEVICE:
The service is provided to you as a business user, owner and home office use. This implies that you are not using it for any personal, residential, or non-business purpose. This also means that you must not resell or transfer the Service to any other person for any purpose or to make any charge for the use of the Service, without the express written permission of IguanaCALL in advance.
IguanaCALL reserves the right to immediately cancel, change the call plan or modify the Service if IguanaCALL determines, in its discretion, that it is using the Service for any use that is not agreed upon.
1. Restrictions. You should not:
A.- Copy or adapt the Software or Services for any purpose except as specifically referred under this Agreement;
B.- Use the Software or Services except in accordance with all applicable laws and regulations, and except as set forth in the Documentation;
C.- Reverse engineering, translating, decompiling or disassembling the Software or Services;
D.- Use the Software or Services in Outsourcing, application service provider, timesharing or office arrangement of services, including, without limitation, any use to provide Services or process data for the benefit of, or in Name of, any third party other than the Customer;
E.- Causes or permits the disqualification or circumvention of any security mechanism contained in or associated with the Software or Services.
2. Responsibility of the user:
The user commits to use the service for legitimate purposes, having to fulfill all the duties and obligations in its charge, and especially those that will establish further.
You agree that you are responsible for all uses related to your account.
You understand that this means that you accept responsibility for your actions or the actions of anyone using the Service through your account with or without your permission.
You acknowledge that IguanaCALL will send you information, including your Password, by email through the Internet.
You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt information and telephone calls that you may transmit over the Internet. To maintain the security of your Service, you must protect your User IDs and Passwords, as well as the Media Access Control (MAC) address of the adapter. The MAC address is one of the pieces of information used by IguanaCALL to authenticate Client and should not be shared.
3. Use of Services and Devices by Customers Outside the United States:
At IguanaCALL, the Services are designed to work in general with unrestricted high-speed Internet connections. However, if the high-speed Internet connection you are using is outside the United States and / or your ISP places restrictions on the use of VoIP services, IguanaCALL does not guarantee the correct operation of the Service.
If you ship the device to a country other than the United States or use the Service from there, you do so at your own risk, including the risk that such activity will violate local laws in the country where you do so. You will be solely responsible for any violation of local laws and regulations or violations of the ISP service terms resulting from such use.
You also agree to the appropriate, accurate and timely payment for the use of the IguanaCALL Service outside the United States, if so.
IguanaCALL reserves the right to disconnect Services immediately if IguanaCALL determines, in its sole and absolute discretion, that it has used the Service or Device in violation of applicable laws, including, without limitation, the laws of jurisdictions outside the United States and Member states.
You are solely responsible for any and all use of the Service and / or Device by any person making use of the Service or Device provided to your business.
4. Account ownership:
The owner of the account under which the Services are ordered will be the legal entity (for example, corporation, partnership, Individual) that subscribes to the Services with IguanaCALL. If no legal entity is provided at registration, the account owner will be the owner of the credit card used to open that account.
Post-ownership changes must be supported by appropriate legal documentation. IguanaCALL will not adjudicate property-related disputes or any other internal business disputes. If IguanaCALL cannot determine the account owner value, IguanaCALL reserves the right to suspend or cancel the account and the Services.
INSTALLATION AND SERVICE ACTIVATION:
It is understood and accepted by the client that for the provision of the Service by IguanaCALL may require installation.
If this is the case, it will be done once the client approves the quote that has been sent to him and has complied with all the administrative requirements required by IguanaCALL.
Likewise the Service is considered active once IguanaCALL has made the activation and the client has the possibility to use any of the functions of the Service.
BILLING AND PAYMENT:
The Client is solely responsible for the payment of the selected service and is obliged to pay IguanaCALL the price of said services plus any additional charges generated by the use.
We will charge you in advance for each period of service.
If you have selected a free trial offer, we will start charging you for the Service upon expiration of the free trial period, unless otherwise notified to us.
When you subscribe to the Service, you must provide a valid email address and a payment method that is accepted by IguanaCALL.
We reserve the right to stop accepting your payment method or your payments.
You should immediately inform us if your payment method expires, if you close your account, your billing address changes, your email address changes, or your method of payment is canceled and replaced by loss or theft.
We will bill monthly charges based on usage and any other that we decide to bill immediately.
Invoices will be posted on the customer’s portal and sent via email to the registered email address.
All invoices will be considered accepted by the client if he does not object to IguanaCALL, within a period of 24 hours after receipt.
In case of claims, the client must make the payment of the invoice for IguanaCALL to process its claim.
You must notify IguanaCALL through the Customer Service 1-855-948-8080, any situation that you deem wrong, within forty-eight (48) hours after receiving your credit card statement.
Failure to receive the invoice does not release the customer from the obligation to pay in the terms established for the provision of the Service.
By subscribing to the Service, you authorize us to charge your method of payment. This authorization will remain valid until sixty (60) days after you rescind our authority to collect your form of payment.
The client undertakes to make to IguanaCALL the payments with the corresponding periodicity and to keep updated the data of his current payment method in the portal http: // customer. Iguanacall.com
The client must make payment of the Service, within three (3) days following the date of issuance of the invoice or payment by IguanaCALL.
IguanaCALL will be obliged to provide the service up to the limit of consumption of the money applied by the client.
The Client will receive from IguanaCALL his detailed invoices with indication of the charges corresponding to the service received. Any billing that is not paid in full in due time, will have the consequence that the service of the client will be subject to its immediate suspension.
If we disconnect the Service, you will remain responsible to us for all charges under this agreement and all costs incurred to collect these charges, including, without limitation, collection costs and attorney’s’ fees.
You also agree to pay any additional charges or fees charged to your billing account for any reason, including but not limited to, interest and charges due to insufficient credit.
If the client does not make payment of the debt in the following 30 continuous days from the date of the suspension of the service, he will lose the lines subscribed and must proceed to request the service again, without guarantee of having the same telephone numbers.
Suspended the Service, if the client wishes its reconnection, must pay to IguanaCALL all the existing debt
You will receive a payment reminder, once the invoice has been collected and cannot be successfully processed.
While we may send messages about your billing from time to time, we are not required to do so.
We may change or cease our messages at any time without notice to you.
LOCAL NUMBER PORTABILITY:
In the event that you transfer an existing telephone number, which is currently subscribed to another company, the following terms and conditions apply:
You hereby authorize IguanaCALL to process your order for the Service and to notify your local service provider of your decision.
To change your local services to IguanaCALL and to transfer your phone number, and to verify that you are authorized to take these actions, you may be asked for a letter of authorization, which will provide us with a copy of your most recent invoice from your provider Of services, as well as provide us with any other information required by your service provider to carry your number.
Failure to provide any information requested by IguanaCALL or the third party service provider will delay the porting of the number to IguanaCALL.
You acknowledge that the transfer of your number depends on the cooperation of you and third parties not under the control of IguanaCALL.
IguanaCALL will not be responsible for any delays in the port of its number and will not provide credit for such delays.
You agree and acknowledge that you must install and activate your device prior to the date that your number is issued. You may be assigned a temporary phone number until your transfer is complete. You can make and receive calls using a temporary number until your phone number is transferred.
IguanaCALL has the right to refuse to transfer a number if, in its sole discretion, it does not have the necessary infrastructure for the number.
Request of Porting to IguanaCALL:
You acknowledge and agree that telephone or facsimile numbers may be transferred from your Services by acts and requests from third parties. IguanaCALL has no responsibility for:
I.- Prevent such portings:
II.- Recover the telephone numbers of your account, in the case of an application back
III.- Reconnect those phone numbers to your account.
PRICES AND METHOD OF PAYMENT.
Prices and Rates:
IguanaCALL rates and charges for the Service are provided to you during the order process, unless otherwise provided in this agreement.
You agree to pay the applicable single and recurring charges.
You further agree that any tax and other charges, including but not limited to account setup charges, adapter charges, device charges, shipping and handling charges and other non-recurring charges will be charged to your current payment method.
Recurring charges will be billed and automatically charged to your payment method on the first day of each billing cycle.
Your billing cycle will begin on the date of registration as a customer.
You agree that we may charge your method of payment for all amounts due without additional notice or consent:
If your card is a credit / debit card combination, you authorize us to use it as a credit card.
You also agree to indemnify us for any claims, damages or expenses resulting from providing an incorrect or inadequate payment method.
If your payment method is rejected, it is not valid or the payment is not made by the issuer of your payment method at the time you try to make a charge, you will not be able to use the Service until your account is paid in full.
Without prejudice to the rights of the client, during the term of this Agreement, it must fulfill the following obligations:
A) Pay the price for the use of the Service in a timely manner.
B) Not to use the Service in devices that have not been previously and duly homologated and / or certified by IguanaCALL.
C) Update in IguanaCALL as soon as possible, any modification of the data supplied at the time of the submission.
D) Not to use the Service for purposes other than those for which it is lent or commercially exploit the Service allowing its use by third parties for purposes other than those contracted.
E) Not to use the Service for purposes other than those expressly established in the current legal regulations.
F) Do not manipulate the device in such a way as to cause a deterioration in the efficiency of the service, causing harm to IguanaCALL and / or third parties.
G) Comply with all the obligations and stipulations established in this Agreement and the current legislation.
Without prejudice to the rights of IguanaCALL as Operator of Telecommunications Services, during the term of this agreement, IguanaCALL shall comply with the following obligations:
A) Give the customer the Service with the greatest efficiency and in the measure of his technical possibilities.
B) Present monthly, the invoice electronically corresponding to the month of service received.
C) Keep available to the customer through any means of attention, a copy of the billing or the record of the consumption of the last three (3) months prior to the date of the request.
D) To make available to the client a digital medium through which the latter can consult in an updated way the amounts owed for the services offered at the date of the consultation.
E) Not activate the Service in any device that has not been previously and duly homologated and / or certified by IguanaCALL.
F) Provide sufficient customer service channels (such as Call Centers and Service Centers) to the customer.
G) Guarantee to the client the right to privacy and inviolability of his communications and personal data supplied by him, according to the terms set forth in the laws in force on the subject.
H) Comply with all the obligations and stipulations established in this Agreement and the current legislation.
Failures, breakdowns and maintenance work will be communicated to the customer through any of the following means: E-mail and / or telephone contact, within a maximum of three (3) business days in advance if it is a scheduled interruption or restriction from service.
IguanaCALL will not be responsible for interruptions to the Service when these are caused by third party services or equipment such as internet, faults in equipment such as modems, routers, Wi-Fi, as well as abuse, maltreatment or manipulation of the telephone device by the Client, in these cases, IguanaCALL will continue to provide the Service in an uninterrupted manner and the client is obliged to pay the corresponding consideration.
It is understood and accepted by the client that the provision of the Service by IguanaCALL is subject, and consequently conditioned, to the client having at his disposal a device with the capacity to connect to the technology. Consequently, IguanaCALL is in no way responsible, except as expressly stated in the Tenth Third clause, for the use, operation or maintenance of the device.
It is an express agreement that IguanaCALL will only supply the Service if the device owned by the client, complies with the applicable rules dictated by IguanaCALL. In this sense, IguanaCALL offers the customer the possibility of acquiring the right device for the operation of the Service.
The customer is solely responsible for the loss, subtraction or destruction of the device, therefore it will respond to IguanaCALL of any use made of the Service, until it notifies IguanaCALL what happened.
Once received by IguanaCALL said communication, through our Customer Service, will proceed to suspend the service until the client communicates in writing to IguanaCALL any of the following situations:
A) To have recovered the device; and/or
B) Have purchased a new device.
Within seven (7) continuous days, counted from the date of suspension of service, IguanaCALL, if possible, will contact by any suitable means available to the client and will offer alternatives for the client to continue enjoying the service and to be accepted the same decide to reconnect or, on the other hand, manifest their will to not continue enjoying the service.
In cases where the client acquires a device for activating the Service directly with IguanaCALL, the client may demand the execution of the guarantee before any of them without distinction or before any of the workshops duly authorized for such purpose by IguanaCALL, during the whole period That the warranty of the device lasts and under the terms and conditions of that guarantee.
In the event that the client guarantees the device, IguanaCALL will repair it free of charge and, if it is not possible, perform the replacement of said device, as reflected in the billing of the product (s).
IguanaCALL will not lend a new Service to those customers who have been withdrawn from the Service for having incurred in arrears and for the duration of such situation, so IguanaCALL will not accept new Service requests submitted by the delinquent client, reserving the right to exercise the corresponding collection actions.
The delinquent customer may request to IguanaCALL the conclusion of special agreements for the payment of debts, which agreement will be applied according to the agreed conditions that for this purpose are accepted by the parties.
It is expressly understood that IguanaCALL reserves the right to accept or reject in its discretion the execution of the special payment agreements mentioned above.
Any request for information, Customer Service and / or technical support that the client requires, will be addressed through the IguanaCALL telephone assistance channels, for which the customer can call the number 1-855-948-8080, on time run Monday through Friday from 8:30 am to 5:30 pm
For the formulation of claims, the customer will have a period of three (3) continuous days counted from the date on which he became aware of the problem, within that period, the client must notify IguanaCALL of its inconvenience by calling Customer Service 1 -855-948-8080.
Upon receipt of the notification by the client, IguanaCALL will have a period of forty-eight (48) continuous hours to make the necessary corrections and present a response.
IguanaCALL may limit the number of promotions in which you may be eligible in a given period.
Promotions can be canceled by IguanaCALL at any time.
CANCELLATION POLICY IguanaCALL:
IguanaCALL cancellation policies are described in this agreement.
All cancellation requests must be made by calling Customer Service 1-855-948-8080 and must be made prior to the expiration of the Term of Service.
Changes to the Cancellation Policy can be made at any time without notice.
You understand and agree that IguanaCALL may at any time, and without further notice, terminate, modify, suspend, disconnect, discontinue, or block access to some or all of the features of the Services if:
A. IguanaCALL determines or reasonably suspects that you have materially violated this agreement;
B. IguanaCALL determines that you have created or manipulated the system to create free accounts;
C. IguanaCALL determines that you have used a fraudulent payment method to pay Service charges on your Account;
D. IguanaCALL determines that you have verbally abused, abused or harassed any of its employees, contractors, agents or other representatives; or you did not or will not reasonably comply with any applicable law or regulation, or IguanaCALL becomes aware of the allegations thereof.
F. IguanaCALL is ordered by law enforcement or other government agencies to suspend or terminate service to your account;
G. You file any legal action or proceeding, including without limitation in any court, regulatory, or administrative body, arbitration body, or mediator, against IguanaCALL, or participate in any class action against IguanaCALL;
H. You file a petition in bankruptcy or if a petition in bankruptcy is filed against you and said petition is not dismissed within thirty (30) days after the effective filing date, or a trustee or receiver is appointed on any of their relevant assets;
I. IguanaCALL determines that such action is necessary to protect, maintain or improve the Services; prevent fraud or misrepresentation for affirmative acts and / or omissions; to protect IguanaCALL, its clients or other third parties affiliated with IguanaCALL; or for any other good cause;
J. You violate any applicable law.
By canceling or suspending your account, IguanaCALL may immediately deactivate or delete your account and all related information and files in your account and / or restrict any further access to such files, information or the Services.
IguanaCALL will not be liable to you or any third party for any reason to terminate or suspend your use or access to the Services.
If you or IguanaCALL terminate or suspend your right to use the Services, you will not be entitled to any refund or proration of any prepaid amount, service credits, international calling credits or other amounts paid to IguanaCALL prior to termination or date of the suspension.
In the event of termination of this agreement for any of the causes indicated, the customer will be obliged to pay the amounts for consumptions made and any other amount that is in the process of billing for the date of effective termination, having in turn right to receive for reimbursement the balance that results in its favor.
Whatever may be the cause of termination of this agreement, the client shall have the right to request from IguanaCALL an express record of said termination; nevertheless that he may choose other mechanisms that comply with the same objective.
Cancellation and Porting to third parties:
You may be able to carry or “send” your current number to another service provider.
Once your porting is completed through your new service provider, you should call the Customer Service 1-855-948-8080 to cancel your service at IguanaCALL.
Any modifications or additions that may be incorporated in the future, notified to THE CLIENT through the means that IguanaCALL considers appropriate and that are expressly accepted by it, are considered an integral part of this AGREEMENT.
1.- If the client decides to cancel the contracting of the service, after being activated and before being installed, the client must pay IguanaCALL the equivalent of one month of provision of the contracted service.
2.- If the client decides to cancel the service contracting once the numbering of their numbers has been approved and the FOC Date has been obtained, the client must pay IguanaCALL the amount of $ 100, for each telephone number.
3.- When the client decides to cancel the service contracting before obtaining the FOC Date of the porting of their numbers, the client must pay IguanaCALL the amount of $ 50, for each telephone number.
4.- Once the quotation is approved by the client, IguanaCALL will fix and notify the date of installation. The customer has the right to modify the installation date up to a maximum of five (5) business days. Failure to perform the installation for reasons attributed to the client, IguanaCALL will activate the subscriptions corresponding to the contracted service, if the installation has not been performed.
5.- In case the client does not make the payment of one (1) invoice, IguanaCALL will execute the temporary suspension of the services until the invoice is paid in full.
6.- In case the client does not make the payment of two (2) consecutive invoices, IguanaCALL will execute the definitive suspension of the services and the disembedding of the telephone numbers. If the customer subsequently wishes to continue with the services, he must request them again, without guarantee of having the same telephone numbers previously assigned.
7.- IguanaCALL reserves the right to cancel the services, change or modify the plan, if it determines, in its discretion, that the client is using the services for any use outside the agreed upon. VALIDITY: This Agreement shall be in force from the date of its subscription and until one of the parties clearly states to the other its will to terminate it, in accordance with the provisions of this agreemen
This Agreement shall be in force from the date of its subscription and until one of the parties clearly states to the other its will to terminate it, in accordance with the provisions of this agreement.