Terms of Service
TERMS AND CONDITIONS
Article 1. DEFINITIONS
“FreeTalker” shall mean the company whose address and other details are as follow:
DTI, Las Vegas, NV, email: info@FreeTalker.com.
“The Customer” or “You” shall mean any natural or moral person who accesses and uses the FreeTalker website; or any person who places or receives a call using a FreeTalker service by any means, including but not limited to using the online downloaded client; and more generally, anyone who uses FreeTalker services in any form whatsoever. If the Customer acts on behalf of a third party that does not have a direct relationship with FreeTalker, the Customer shall assume sole responsibility for any action realized through the their actions in regard to FreeTalker. Any call or request for service placed by the representative of a physical or legal person shall be deemed to have been placed by such physical or legal person, who shall assume sole responsibility for such request.
“Working day” shall mean a normal workday within the meaning of US civil law, exclusive of weekends and legal holidays.
The “FreeTalker Website” or “the Site” shall mean the FreeTalker website accessible at the following address www.FreeTalker.com or any other address defined by FreeTalker from time to time.
The “Softphone” shall mean any software, made available by FreeTalker under a specific license (“the EULA”) under a variety of platforms that can be used to perform VOIP operations.
“Collect Call” shall mean a long distance toll call that is billed to the person that receives the call on their local telephone company phone bill.
“VOIP” or Voice over Internet Protocol shall mean a standard for voice transmissions traveling over ADSL or Broadband connections.
Article 2. GENERAL INFORMATION
2.1. The main objective of these Terms and Conditions is to set forth the conditions under which FreeTalker offers VoIP communications services and any related product or services as specified in Article 3 thereof (“The Service”) to the Customer.
2.2. The Customer expressly acknowledges having read and understood the Terms and Conditions. The same shall apply to any beneficiary of any service provided by FreeTalker. By using the Site and placing a call, the Customer accepts the Terms and Conditions in their entirety and without reservation. The terms and conditions hereof, including its annexes, shall remain in effect for the entire term of the contractual relationship and any events or circumstances arising there from (e.g. term of the registration and any renewal thereof
Article 3. FREETALKER SERVICE
In its capacity as a VOIP facility service provider and a telecommunications service provider, FreeTalker provides the Customer with the following services
3.1 Voip – Free Long Distance Calls
The ability is given to computer based internet users to make time limited free long distance calls to another user that has regular land-line based phone service in the United States of America. The length of the free long distance time is indicated on the FreeTalker Website as well as in an audio message that is played to Customers on each call placed.
3.2 Voip – Collect Call Service
Once a user has been on a call and has passed the free portion of the call time (as indicated on the FreeTalker Website), the call automatically becomes a collect call that is billed to the Customer called at the rate and minimum length as indicated.
3.3 TOOLBAR AND SOFTPHONE
FreeTalker may provide to the Customer selected software that will facilitate its use of the Service. Such software may be used as a Device to perform Calls or other options (such as placing Collect Calls) that are part of the Service. Use of such software is subject to the respect by the Customer of both those terms and any applicable End-User License Agreements (EULA) as may additionally exist. Additionally, the Customer understands that the sound quality of these calls may vary depending on the Customers equipment in use and the other party’s line.
3.4 CALLER ID
As part of the Service, Calls originating using the Service will show “Caller ID” information to the recipient of the Calls as the “Caller ID” belonging to FreeTalker. However, the Customer understands that the Caller ID may vary from time to time and not necessarily reflect the same number each time. FreeTalker shall not be liable for any consequences that may arise due to a different Caller ID being displayed as a result of a Call.
Although the Site may allow the Customer to specify a specific Caller ID, the Customer agrees expressly not to use the Caller ID of a phone number it does not hold or control and, in any event, not to use the Caller ID as part of wrongdoing, prank or for misleading purposes.
3.5 CARRIER RESTRICTIONS.
The Customer understands that carriers or regulatory agencies may from time to time impose, upon the portion of the method to access the FreeTalker website or facilities they provide, certain limitations or restrictions that may limit the Customer’s ability use the FreeTalker Services in full, as described where applicable on the Site. The Customer agrees to conform to any limitations or restrictions imposed by the carriers or agencies.
3.6 FOREIGN CARRIER ACTS OR OMISSIONS.
When a Customer uses foreign carriers and foreign telecommunications administrations use facilities to establish connections to access FreeTalker's network, the Customer agrees that FreeTalker cannot be liable for acts or omissions of other carriers or foreign telecommunications administrations.
3.7 TIMING OF CALLS
Generally, timing of Calls begins when the called party or an automated answering device (such as an answering machine or a facsimile machine) answers the call, and ends when one of the parties disconnects from the call. However, some third party carriers (with whom FreeTalker may interconnect in order to establish calls) designate a call as "answered" when the called party's line rings or after a certain number of rings, and will charge FreeTalker for a completed call. In such situations, FreeTalker’s billing platform will use the relevant party’s definition. Whatever the case, the Customer understands and agrees that each Call will be metered by the minute, each started minute being billed.
3.8 CERTAIN BROADBAND, CABLE MODEM, AND OTHER SERVICES
The Customer acknowledges that the Service may not be compatible, fully functional or authorized with certain cable or other broadband service. The Customer further acknowledges that some providers of broadband service may provide modems that block the transmission of communications using the Service. FreeTalker expressly disclaims any express or implied warranties regarding the compatibility of the Service with any particular broadband service.
3.9 Loss of Service
You acknowledge and understand that the Service may not function in the event of power failure. You also acknowledge and understand that the Service may require a fully functional broadband connection to the Internet (which is not provided by FreeTalker) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider ("ISP") and/or broadband provider, the Service will not function. Should there be an interruption in the power supply or ISP broadband outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Should FreeTalker suspend or terminate your Service, the Service will not function until such time as FreeTalker restores your Service.
Article 4. Information Provided on Website
Any instructions received by FreeTalker that include the Customer’s desired called party phone number, shall be presumed to have been submitted by the Customer. Hence, FreeTalker cannot be held responsible for any fraudulent use of such information, which may be personal and confidential elements that the Customer would normally not disclose to a third party.
Article 5. Establishment of the contractual relationship
5.1. THE SERVICE REQUEST
Each request for service from the Customer to FreeTalker shall constitute an order for service, subject to the terms and conditions described hereby.
The Customer’s request for services is embodied by entry of the desired number to be called on the FreeTalker website. Pursuant to Article 2 hereof, submission of a call request to FreeTalker constitutes acceptance of these Terms and Conditions by the Customer in their entirety without any possibility of withdrawing such acceptance in whole or in part.
The Customer agrees that performance of the Service (which shall be partially realized via an automated process) shall begin once Customer enters their desired number
FreeTalker hereby expressly stipulates that for the purposes hereunder, the Customer is the physical and/or legal person that establishes or receives a call via the FreeTalker website. Any calls placed thru the site that extend past the free time allocated, shall all be billed as a Collect Call.
Article 6. CUSTOMER’S OBLIGATIONS
6.1 The Customer shall be in possession of the following technical facilities to benefit of the Service: (a) A suitable 2-way high-speed connection to the Internet. (b) A suitable voice over IP-capable device such as a computer with microphone and headset or other such equipment as specified on the FreeTalker Website and which is able to work under the SIP and IAX protocols, (c) a number in the US that has local Telephone service. The Customer understands that given the number of parameters involved in an Internet connection and the number of different implementations of the SIP and IAX protocols, the requirements below are a prerequisite but may not be enough to use the Service. The Customer agrees to expressly follow the applicable guidelines provided by FreeTalker on the Site or by its customer care team including but not limited to trying to change its Internet connection method and/or voice over IP device.
6.2 The Customer hereby declares that it has read, understood and accepted those terms including any relevant appendices and/or attached sub agreements, including applicable policies provided by relevant third-parties.
6.3 The Customer’s obligations shall exceed those of Article 7 and shall encompass the entirety of the Terms and Conditions, and specifically the provisions of Article 8 and subsequent thereof.
Article 8. Rights and obligations of FreeTalker
8.1 FreeTalker reserves the right to either expand or reduce the scope of its services. If any such service expansion or reduction is realized, FreeTalker shall notify the Customer of such expansion or reduction on the Site by posting a notification in the Customer Area and/or by sending an email to address that may have been provided by the Customer.
Thus, FreeTalker reserves the right to suspend temporarily or permanently the Service.
8.2 FreeTalker reserves the right to raise rates and/or charges as shown on the Site to take into account any factor such as but not limited to any new or modified requirement imposed by Providers; any change in applicable exchange rates that may take effect; or any supplementary taxes that may be levied. FreeTalker shall notify the Customer accordingly via the Site and/or by sending an email to any address provided by the Customer.
8.3 FreeTalker reserves the right to amend its Terms and Conditions from time to time. In such a case, FreeTalker shall notify the Customer accordingly via the Site, by posting a notification in the Customer Area and/or by sending an email to the address provided by the Customer.
If the Customer objects to any critical modification of the Terms and Conditions, the Customer shall be entitled to terminate this Agreement at any time by simply no longer accessing the FreeTalker website. The Customer agrees that any continued use by the Customer of FreeTalker services after the Customer has received notification that the Terms and Conditions have been modified shall constitute a statement from the Customer that he acknowledges such modification and whole fully abide by them.
8.4 FreeTalker reserves the right to refuse service to any Customer request if there is reasonable doubt that this request is fraudulent. FreeTalker may limit the amount and length of calls placed from or to any one single destination phone number. FreeTalker may additionally limit the amount and length of calls placed from any one single originating IP address.
8.5 Technical support is available on request via email at support@FreeTalker.com, during the Working Day from 9 a.m. to 17p.m EST US. Response times will depend on staff availability, and the object of the request.
Article 9. RATES, CHARGES, TERMS OF PAYMENT
9.1 The currently valid rates and charges shall be those indicated on the website and shall be subject to change pursuant to Article 9 hereof. All rates and charges are in United States dollars unless otherwise specified and are exclusive of taxes, which shall be paid by the Customer. Any additional fees attached to the customers local telephone bill shall be at Customer’s expense.
9.2 If billing systems or other support is not available for a Service, feature, surcharge, tax or other charge element (such as Collect Call provisioning) at the time of Service provision, FreeTalker may terminate or suspend that Service, feature, surcharge, or other charge element.
If FreeTalker determines that a Customer has continually denied payment of charges appearing on their local telephone bill or otherwise denies knowledge of prior calls placed thru its service, FreeTalker shall be entitled to deny Service to the Customer and thus make calls to such numbers unavailable to the Customer.
9.3 The Customer acknowledges that no Credit will be allowed for Interruption of Service and agree that the Service is provided "as is." Credit allowances for interruption of Service, including international calling services, will not be provided.
Article 10. ADDITIONAL TERMS
10.1 Prohibited Uses; Unlawful Uses and Inappropriate Conduct
The Customer shall use the Service only for lawful purposes. The Customer shall not use the Service in any way that is improper or inappropriate, including in a manner that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior.
The Customer shall not use the Service: (a) for any unlawful purpose; (b) for making telephone calls that use automatic dialing devices and terminate into electronic information services, pay-per-call services, or other domestic or international audio text services; (c) for international call-back offerings using uncompleted call signaling to any country, when that country has prohibited such an offering by statute or regulatory decision; (d) call forwarding to international destinations.
In addition, the Customer shall not use the Service to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce or distribute information from the Service or use any such automated means to manipulate the Service; use the Service to violate any law, rule or regulation; violate any third party's intellectual property or personal rights; or exceed the Customer’s permitted access to the Service.
FreeTalker may, but is under no obligation to, monitor usage of the Service for violations of this Terms and Conditions. FreeTalker may remove or block any or all communications if there is any suspicion of violation of this Agreement or if FreeTalker deem it necessary in order to protect the Service, or FreeTalker, its parent, affiliates, directors, officers, agents and employees from harm.
FreeTalker reserve the right to immediately disconnect the Service without notice, if, in his sole and absolute discretion, FreeTalker determine that the Customer have used the Service for an unlawful purpose
If FreeTalker believe that the Customer has used the Service for an unlawful purpose, FreeTalker may forward the relevant communication and other information, including the Customer’s identity, to the appropriate authorities for investigation and prosecution. The Customer hereby consents to the forwarding of any such communications and information to these authorities.
In addition, FreeTalker will provide customer and call detail information in response to lawful government requests, subpoenas and court orders, or law enforcement requests where the failure to disclose the information may lead to imminent harm to the Customer or others. Furthermore, FreeTalker reserves all of its rights at law to proceed against anyone who uses the Services illegally or improperly.
10.2 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service or Device and any firmware or software used to provide the Service or provided to the Customer in conjunction with providing the Service, information, documents and materials on FreeTalker Website are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of FreeTalker are and shall remain the exclusive property of FreeTalker and nothing in this Agreement shall grant the Customer or any other third party the right to license or to use such marks.
The Customer acknowledge that he is not given any license to use the software other than as needed to place calls from their computer equipment. If the Customer decides to use the Service through an interface device whether or not provided by FreeTalker, which FreeTalker reserves the right to prohibit in particular cases or generally, the Customer promise that he possess all required rights, including software to use that interface with the Service and he will indemnify and hold harmless FreeTalker against any and all liability arising out of his use of such interface with the Service. You agree not to hack or disrupt the service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.
10.3 Linking
The Customer may provide links only to the home page of FreeTalker Website (a) The Customer do not remove or obscure, by framing or otherwise, the copyright notice, content or other notices on the Website, (b) The Customer shall give FreeTalker a prior written notice of such link via email, and (c) The Customer shall discontinue providing links to the Website if notified by FreeTalker.
10.4 Calls may be recorded or monitored for network quality purposes only. Recording or monitoring services are not a standard feature of this service and is not available to users.
Article 11. Disclaimer of Warranties and Limitation of liability
11.1 To the full extent permissible by applicable law, FreeTalker disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Although it continuously monitors its equipment to prevent issues, FreeTalker does not warrant that this site, its servers, the Service or e-mail sent from us as being at all times free of viruses or other harmful components. FreeTalker will not be liable for any damages of any kind arising from the use of or inability to use this site, including, but not limited to direct, indirect, incidental, punitive, special, exemplary and consequential damages.
This limitation applies whether the alleged liability is based on contract or any other basis, even if FreeTalker has been advised of the possibility of such damage. FreeTalker makes no representations or warranties of any kind express or implied, as to the operation of this site and/or the Service or the information, content, materials, or products included on this site.
11.2 FreeTalker shall not be responsible for any technical inaccuracy or typing errors pertaining to the information on FreeTalker website, which shall be subject to periodic modification. Hence, FreeTalker reserves the right to optimize and/or modify its website at any time. FreeTalker shall not be responsible for any malfunction, service interruption or error that occurs in any electronically published element during a modification period FreeTalker does not authorize anyone to make a warranty on FreeTalker's behalf and customer may not rely on any statement of warranty as a warranty by FreeTalker.
11.3 The Customer is solely responsible for actions and the content of his transmissions through or in connection with the Service.
11.4 FreeTalker shall not be responsible for the inadequacy of any service provided by FreeTalker that the Customer uses to achieve specific aims.
Prior to placing a call thruFreeTalker services, it shall be the Customer’s personal responsibility to ensure that such services are adequate for the Customer’s purposes by reading the description of FreeTalker’s commercial offer, which is available from the FreeTalker website and/or from the FreeTalker technical service department. By accepting the Terms and Conditions, the Customer acknowledges that he is sufficiently familiar with the content, context and scope of FreeTalker’s services.
11.5 Under no circumstances shall FreeTalker be held responsible or liable for any loss or damage caused in connection with the use of FreeTalker services that are provided free of charge. The Customer shall not be entitled to assert any claim for loss or damage in connection with any malfunction in FreeTalker services, irrespective of the nature of such malfunction or the consequences thereof.
11.6 FreeTalker shall take all steps necessary to ensure that the quality of the services provided by FreeTalker subcontractors and co-contractors, as well as by Providers, meets acceptable standards. However, FreeTalker shall not be responsible for any loss or damage incurred by the Customer as the result of any interruption of service that is beyond FreeTalker’s control. FreeTalker shall not be responsible for any malfunction that affects the internet or for any loss or impairment of access to servers resulting from internet maintenance operations.
11.7 FreeTalker will not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in FreeTalker offerings made to the Customer, or for damages associated with the Service, or Equipment that it does not furnish, or for damages that result from the operation of customer provided systems, Equipment, facilities or services that are interconnected with FreeTalker Services.
Article 12. Guarantee
12.1 The Customer shall hold FreeTalker harmless against any third party action resulting from or related to the use of FreeTalker services by the Customer. This guarantee shall mean in particular that the Customer shall provide FreeTalker with any assistance required by FreeTalker in mounting a legal defense and shall indemnify FreeTalker for any loss or damage incurred by FreeTalker as the result of any such claim.
12.2 The Customer acknowledges that its use of the services that FreeTalker provided is his sole responsibility and that FreeTalker and/or its employees shall not be held liable or responsible for such use in any manner whatsoever.
In particular, the Customer shall hold FreeTalker harmless against any third party action or compensation or indemnification claim asserted for any reason whatsoever arising from the content of the Customer’s website. Toward this end, the Customer shall assume the cost and expense of any damage or loss incurred by FreeTalker as the result of any court ruling.
12.3 Additionally, the Customer shall assume all legal fees and court costs incurred by FreeTalker in defending its interest, including instances in which an amicable settlement is reached between an injured third party and the Customer or FreeTalker.
Article 13. Confidentiality and protection of Data Privacy
13.1 Personal data pertaining to the Customer will be stored in FreeTalker files in the United States of America. The Customer can exercise its right to access and correct such data by contacting FreeTalker at the address indicated in Article 1 hereof. FreeTalker shall not store such data any longer than is necessary for the efficient operation of FreeTalker services.
13.2 The Customer expressly authorizes FreeTalker to process such data for purposes of running its customers database and so as to ensure the full disclosure of the users of the services in accordance with the applicable legal regulations. Hence, the Customer expressly authorizes FreeTalker to disclose the following information it may have to Providers: the Customer’s name, the Customer’s address, the Customer’s phone number, the Customer’s email address, and the Customer’s native language to be used in the event of any litigation. Should the Customer fail to authorize disclosure of the aforementioned information, FreeTalker may not be in a position to provide the Customer with the Services.
13.3 The Customer expressly authorizes FreeTalker to process the Customer’s personal data in order to conduct market research and promotional campaigns in connection with FreeTalker products and services. Any the Customer that does not wish to receive promotional material from FreeTalker can stipulate as such by sending an email to info@FreeTalker.com or by sending a postal letter to the address indicated on FreeTalker website.
13.4 Without prejudice to the foregoing provision, FreeTalker shall process the Customer data confidentially.
Article 14. Termination
14.1 The Customer shall be entitled to terminate the Customer’s agreement with FreeTalker at any time whatsoever. Such termination shall be realized by no longer accessing the FreeTalker website.
If the Customer fails to abide by the provisions of the Terms and Conditions, FreeTalker shall be entitled to terminate the contract prior to the expiration date thereof in accordance with the procedure described in Article 15.1 hereof.
Article 15. Concluding provisions
Should any individual provision hereof be or become void, illegal or unenforceable, the validity of the remaining provisions hereof shall in no way be affected. In such a case, FreeTalker shall replace any provision hereof that becomes ineffective with a clause whose effectiveness and feasibility are as close as possible to the intentions of the parties hereto.
Article 16. Force majeure
Neither the Customer nor FreeTalker shall be responsible or liable for any failure to fulfill the obligations arising from the present contract at all or in a timely manner, as the result of any instance of force majeure as commonly defined by custom, law or jurisprudence. Any financial incapacity on the part of the Customer that prevents the Customer from paying all costs and expenses arising from FreeTalker services shall not be deemed an instance of force majeure.
Article 17. Notification procedure
If a third party lodges a claim against FreeTalker relating to a service provided by a FreeTalker customer, FreeTalker shall promptly transmit a notification regarding such claim to the Customer at any address that may have been provided by the Customer and shall include with such notification a copy of the third party claim.
In all such instances such third party shall be informed of FreeTalker’s notification to the Customer, keeping in mind that it does not fall within FreeTalker’s jurisdiction to prejudge the Customer’s or a third party’s rights in regard to the use of the service made by the customer.
FreeTalker shall be entitled to charge the Customer for any action performed on the Customer’s behalf in connection with a third party claim, insofar as the Customer fails to acknowledge receipt of the first FreeTalker notification letter in regard to such claim, or if FreeTalker finds it necessary to take action in regard to such claim (e.g. by sending a registered letter and making phone calls) on behalf of the Customer and the party submitting a request or claim.
Article 18. Disputes and litigation
Pursuant to the provisions of the Terms and Conditions, if a legal dispute of any kind arises in regard to a service provided by FreeTalker. FreeTalker and the Customer expressly agree that the Customer shall be solely responsible for the consequences of the relevant litigation and that FreeTalker shall not be involved in such litigation in any way whatsoever.
Article 19. Applicable law and Jurisdiction
19.1. Any order, acceptance or contract arising there from shall be governed by the laws of the United States of America.
19.2. Any dispute relating to the Terms and Conditions or the interpretation or performance thereof that cannot be resolved amicably shall be subject to the sole jurisdiction of the courts of the United States of America.
A product of DTI.