SERVICE AGREEMENT
1. PREAMBLE AND ACCEPTANCE. Customer (“You” or “Your”) makes this Agreement with Us (hereinafter defined) when You accept the terms and conditions in this Agreement by requesting, using or paying for the Services (described below) covered by this Agreement and offered by one of the following ILATANET, LLC entities:
TND Classic or TND Unlimited (the applicable entity being referred to as “We,” “Our,” or “Us”). This Agreement sets forth Your and Our legal rights concerning payments, credits, limitations of liability, and other important topics associated with the Services We provide to You that are not covered under tariff. For those Services covered
under tariff, the tariff prevails.
Upon removal of a tariff, You will continue to receive Services under the same plan rates previously set forth in the tariff unless notified per the terms of this Agreement. Those previously tariffed rates will thereafter be set forth in a calling plan (“Calling Plan”) and/or in a product Guide (“Product Guide”). You acknowledge that it is
impractical to print in this document the complete Product Guide, which contains service descriptions, charges and other terms and conditions applicable to the Services and providing the Product Guides on TND website and making it available upon request are reasonable means of notice and incorporation of those terms. If You do not know
Your plan rates under tariff You may contact Us through our customer care service and We will provide You with the information You requested. You will have 7 (seven) days from the receipt of This Agreement in which to elect to terminate service. Use of the Service after the 7(seven) day period constitutes Your acceptance of the terms
and conditions of this Service. Cancellation within the 7 (seven) day period does not waive Your obligation to pay for Services used up to the date of cancellation.
2. DESCRIPTION OF THE SERVICES. You agree to subscribe to and use, and We agree to provide, the toll or other services previously provided under tariff and/or the services described in the Calling Plan that accompanies this Agreement (the “Services”). The Calling Plan is part of this Agreement. Additional information relating to the Services and the Calling Plan can be found at www.tndcallphilippines.com. Together, the tariff (if applicable), the Calling Plan, and the posted Rates Terms and Conditions for Interstate and International Services constitute the “Service Description”. Service availability may be limited by law and the availability of facilities. Service is offered
subject to restrictions imposed upon Us by any authority having jurisdiction over Our provision of the Services. Any additional Services that You purchase from Us after acceptance of this Agreement shall also be covered by this Agreement.
3. CHARGES AND DEPOSITS. We may change the rates for calling landlines and mobile phones. Please check the latest rates before you make your call. If you do not accept the new rates, do not make your call. You are responsible for all calls placed by or through Your equipment by any person, even if such calls are incurred by fraud or without Your knowledge. You are responsible for controlling access to, and the use of Your telecommunications equipment and facilities and We shall have no liability for fraudulent calling made over such telecommunications equipment, and facilities. All charges due from You are payable to Us in immediately available U.S. dollars. We reserve the right to assess the maximum amount allowed by law, or less, as determined by Us, whenever a check or draft presented for payment of service is not accepted by the institution upon which it is written.
4. LIMITED WARRANTY FOR SERVICES AND REMEDY FOR FAILURES IN SERVICES. We warrant that the Services will function substantially in accordance with the Service Description. IF THE SERVICES FAIL TO FUNCTION IN THIS MANNER AND THE FAILURE IS NOT DUE TO (A) YOU OR (B) A CONTINGENCY IDENTIFIED IN PARAGRAPH 6 OF THIS
AGREEMENT, THEN WE, AT OUR EXPENSE, WILL REPAIR THE SERVICES SO THAT THEY FUNCTION SUBSTANTIALLY IN ACCORDANCE WITH THE SERVICE DESCRIPTIONS. THIS LIMITED WARRANTY IS EXCLUSIVE AND INSTEAD OF ALL OTHER WARRANTIES FOR FAILURES IN THE SERVICES, WHETHER EXPRESS, IMPLIED, WRITTEN OR ORAL, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. A Pro-Rated Credit Allowance May Be Requested By You For Service Outages Of More Than 24 Hours For The Non-Usage Portion (Excluding Fees and Surcharges) Of Your Plan In Those Circumstances Where A Service Outage Is Due To Our
Failure To Meet The Conditions Of This Agreement To Provide Service.
5. CONSEQUENTIAL DAMAGES AND LIABILITY LIMITATION. WE WILL NOT BE LIABLE FOR CONSEQUENTAIL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, PROFITS, INFORMATION, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT, INCLUDING OUR NEGLIGENCE, OR OTHERWISE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR, AND CUSTOMER INDEMNIFIES AND HOLDS US HARMLESS FROM, ANY AND ALL LOSSES, CLAIMS, DEMANDS, SUITS OR OTHER ACTIONS, OR ANY LIABILITY WHATSOEVER, WHETHER SUFFERED, MADE, INSTITUTED OR ASSERTED BY CUSTOMER OR BY ANY OTHER PARTY, FOR ANY LOSS OF CUSTOMER OR OTHER, OR FOR LIBEL, SLANDER, INVASION OF PRIVACY, OR INFRINGEMENT OF COPYRIGHTS OR PATENTS, OR FOR ANY OTHER CAUSES, CAUSED OR CLAIMED TO HAVE BEEN CAUSED DIRECTLY OR INDIRECTLY BY THE OPERATION, FAILURE TO OPERATE, MAINTENANCE, OR USE OF THE SERVICES. NO AGENTS OR EMPLOYEES OF OTHERS SHALL BE DEEMED TO BE OUR AGENTS OR EMPLOYEES. OUR LIABILITY TO
YOU FOR DAMAGES DUE TO FAILURES IN SERVICES ARISING FROM OUR NEGLIGENCE OR BREACH OF THIS AGREEMENT OR FAILURE TO INSTALL THE SERVICES IN A TIMELY MANNER SHALL IN NO EVENT EXCEED THE CHARGES SPECIFIED IN THIS AGREEMENT FOR SERVICE INTERRUPTIONS.
6. CONTINGENCIES. We will not be liable for delays, damages, or failures in performance due to Our routine maintenance and testing of the Services that We provide to You or to causes beyond Our reasonable control, including, but not limited to, acts of a governmental body, civil commotion, acts of God, acts of third parties, fires, floods, strikes or other labor disputes, or inability to obtain necessary equipment or services. The use and restoration of service in emergencies shall in all cases be subject to the priority system specified in Part 64, Subpart D, of Chapter 47 of the Code of Federal Regulations.
7. TITLE. We, or Our suppliers, will own all rights, title, and interest in equipment, software, and facilities used by Us to provide the Services. You shall have no property right or interest in the use of any specific type of facility, service, equipment, or process.
8. TERM, TERMINATION, AND SURVIVAL. This Agreement, unless terminated in accordance with this Agreement, shall remain in effect for the period in which We provide Services to You. Where not prohibited by applicable law, We reserve the right to discontinue Service, limit Service, or to impose requirements without prior notice to You:
(1) if required to meet changing regulatory or statutory rules and standards; (2) when such rules and standards have an adverse material effect on the business or economic feasibility of providing Service, as determined by Us; (3) if We detect fraudulent use of Our Services; (4) if We are ordered or requested to by a governmental entity; and
(5) if Your equipment may adversely affect Our facilities and/or equipment or service to others. We may terminate this Agreement in whole or in part if We give You fifteen (15) days’ advance written notice that You have not performed a material term of this Agreement and You do not correct the failure within the fifteen (15) day
period. If this right of termination is not permitted by applicable law, We may terminate this Agreement in part as may be permitted by applicable law. You may terminate this Agreement in whole or in part at any time by giving Us written or oral notice. If You terminate the Agreement or the Services, You will pay all Charges due to Us under
the Agreement through the date of termination, including, but not limited to, Charges for early termination as defined by Your Calling Plan.
9. COMPLIANCE WITH LAW AND CHOICE OF LAW. You and We will comply with all applicable laws, rules, regulations, ordinances, orders, and decrees in performing this Agreement. You may be subject to refusal, suspension or cancellation of Service, without prior notice, in order to permit Us to comply with any order or request of any governmental authority having jurisdiction. Any equipment or services that You provide and which connect with and/or interconnect with Our Service and equipment must comply with federal and state law and regulations. This Agreement will be construed in accordance with, governed by, and subject to the domestic laws of the State of Nevada. In case of conflicts in these laws, rules, regulations, ordinances, orders, and decrees and the terms of this Agreement, the laws, rules, regulations, ordinances, orders and decrees will take precedence.
10. CUSTOMER EQUIPMENT. You shall ensure that the facilities or equipment provided by You are properly interconnected with the Services, facilities and equipment provided by Us or Our suppliers. We reserve the right to inspect Your facilities to insure proper interconnection and compliance with the terms of this Agreement. If You maintain or operate the interconnected services, facilities or equipment in a manner which results or may result in harm to Our facilities, equipment, personnel, or the quality of service, We may disconnect the Services or require the use of protective equipment at Your expense.
11. ASSIGNMENT AND SUCCESSORS. Without Your consent, We may assign all or part of this Agreement including Our rights to receive monies under this Agreement. You shall not assign, subcontract, sublet, or transfer this Agreement, in whole or in part, without Our written consent. Any assignment, subletting, transfer, or subcontracting in violation of this paragraph shall be void. Subject to the preceding paragraph, this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties.
12. CHANGES IN SERVICES, CHARGES AND TERMS AND CONDITIONS. All Services We provide are subject to Our business policies, practices, and procedures, which can change without notice. We will notify You of any material change in this Agreement, in Your Services, or of an increase in Charges prior to the billing period, but no less than 5 days in advance, in which the changes would go into effect. Notification of the change in Charges will be posted on Our Internet web site at www.tndcallphilippines.com. Your continued use of Services after the notice has been placed on our website will constitute agreement by You to the changes. Termination of service must be conducted within three (3) days upon the website notification. Your use of the service after the three (3) day period constitutes Your acceptance of the modification described in the notification. Cancellation within the three (3) day period does not waive Your obligation to pay for Services used up to the date of cancellation.
The Federal Universal Service Fund Fee (USF) that We will charge will depend on the rate set by the Federal Communications Commission (FCC). The FCC will announce the USF rate on a quarterly basis. As of the first quarter of 2011, the USF fee, which changes quarterly, equals 15.5 percent of a telecom company’s interstate and end-users revenues. New fees will be posted at our website at www.tndcallphilippines.com at least 7 (seven) days before the new rate goes into effect. You can also contact Our Customer Service Office at 1-800- 760-4748, 7(seven) days before the start of the quarter to find out what fee We will assess during the next quarter. The Federal Universal Service Fund Fee is assessed on all interstate and international charges (including usage and non-usage) each month.
13. SEVERABILITY. If any of the terms or conditions in this Agreement is held to be invalid or unenforceable by a government body of competent jurisdiction, the holding shall not affect any other term or condition of this Agreement, and the Agreement shall be construed as if it did not contain the invalid or unenforceable term or condition.
14. ENTIRE AGREEMENT. This Agreement supersedes all prior representations, understandings, or agreements on the subject matter of this Agreement. This Agreement may not be modified or waived except as described in this Agreement. With respect to all matters arising under this Agreement, this Agreement is a contract between You and solely the ILATANET, LLC entity that provides the Service to You.
For additional information, visit our website at www.tndcallphilippines.com
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