| 1. Our Company. IsCard Virtual Global Calling Card Service ("IsCard") is provided by Iscom, Inc. ("Iscom"). Iscom is a corporation with offices at 5 Hanover Sq, Ste 1503, New York, NY 10004. |
| 2. Terms and Conditions. Your use of your IsCard account (your "Account") means that you acknowledge receipt of and agreement with all of these terms and conditions (the "Terms and Conditions"). These Terms and Conditions, IsCard's rates, or IsCard itself may change without notice. Changes will be posted to our website. Your continued use of IsCard means that you agree to such changes. |
| 3. Prepayment. Your use of IsCard is conditioned upon your depositing a prepaid amount with Iscom (the "Prepaid Amount"). You agree to use a credit card to pay the Prepaid Amount. Your Account is valid for 12 months from the date of the last activity on your account. Activity is defined as a call made using the account or a payment to the account. After the 12 month period of inactivity, Iscom reserves the right to terminate your Account without any further obligation. |
4. Charges Billed to Credit Card. You authorize Charges (as defined below) for use of your IsCard Account to be billed through the credit card you provide to Iscom. The fees (the "Fees") for your use of IsCard will be charged at the rates provided in our pricelist. In addition to the Fees set forth in our pricelist, your Account may be charged for the following additional fees ("Additional Fees"):
- any applicable taxes (including value-added taxes "VAT") imposed by your local, state or country government; and
- Payphone fees (US$0.79 per call) for calls originating from a payphone
Fees and Additional Fees are called "Charges." All Charges will appear and must be paid in United States Dollars. The prices for all Charges are subject to change.
|
| 5. Assignment or Transfer of Your Account Number. You may not permit others to use your Account number. Similarly, you may not transfer or assign your Account or Account number to anyone else. |
6. Suspension, Withdrawal, Revocation or Termination of Your Account. Your use of IsCard may be suspended, withdrawn, revoked or terminated for any of the following reasons ("Terminating Events"):
- actual or suspect fraudulent use of your Account or Account number; or
- non-payment of or delay of payment for Charges to your Account; or
- your credit card becomes invalid, unauthorized, revoked, withdrawn or terminated.
In the event that one of the Terminating Events occurs, you will remain responsible to Iscom for all Charges resulting from the use of your IsCard Account. Such Charges will be payable immediately to Iscom. Notwithstanding the foregoing, Iscom reserves the right to terminate your Account for any reason and to refund to you any remaining Prepaid Amount, minus any Additional Fees. |
| 7. Refunds. You may obtain a refund at any time up to 60 days from the date of purchase of your unused Prepaid Amount less any promotional credits that have been applied to the account. A refund processing fee of $5 will be assessed to process the refund. There are no refunds after 60 days from purchase. |
8. Disclaimer of Warranties; Limitation of Liability. You recognize and understand that Iscom makes no warranties of any kind, either express or implied, with respect to your use of IsCard, including, but not limited to, any warranties of merchantability or fitness for a particular purpose.
IsCard is provided "as is." Iscom’s entire liability to you for any reason, loss, breach or actual damage shall be limited to a refund of the applicable Charges. In no event, however, shall Iscom or any of its employees, officers or directors be liable to you or any third party for any lost profits, lost savings or any special, consequential, indirect, incidental or punitive damages with respect to your use of IsCard. |
| 9. Governing Law. All disputes concerning your use of your Account or IsCard requiring judicial resolution shall be determined in the Courts of the state of New York under the laws of the State of New York. |
| 10. Severability. If any provision of these Terms and Conditions are held to be invalid or otherwise unenforceable, the enforceability of the remaining provisions will not be impaired thereby. |
| 11. No Waiver. Failure by Iscom to exercise any right or remedy provided for herein will not be deemed a waiver of any right or remedy hereunder. |
| 12. Remedies. The rights and remedies of Iscom set forth herein are not exclusive and are in addition to any other rights and remedies available to it in law or in equity. |
| 13. Survival. The provisions of these Terms and Conditions regarding limitation of liability, indemnification and home country legality shall survive the cancellation, revocation or termination of your Account. |
