Terms and Conditions
This Customer Services Agreement (this "Agreement") sets forth the terms and conditions associated with your use of the Services. "You" and "your" mean the customer of the Services defined below, and "IKappa," "we," "our," and "us" mean IKappa and any affiliates involved in providing you with the Services. By enrolling in, using or paying for the Services, you accept and agree to the terms and conditions set forth in this Agreement.
We may modify or amend this Agreement, including the referenced Service Guides, from time to time. Unless otherwise provided in this Agreement, all such modifications or amendments shall be effective immediately upon posting on the Website. You may request a copy of the revised Agreement by e-mailing us at support@ikappa.com. YOUR CONTINUED USE OF YOUR ACCOUNT AND/OR THE SERVICES AFTER THE POSTING ON THE WEBSITE WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE BY YOU OF ANY SUCH MODIFICATIONS OR AMENDMENTS.
I. Definitions
"Service Guides" mean the service guides that set forth the specific price and charges, service descriptions and other terms and conditions that apply to each of the Services. You can review the Service Guides on our Website at www.ikappa.com or request a copy of the Service Guides for the Services you are enrolled in by sending an email to support@ikappa.com. This Agreement incorporates by reference the prices, charges, terms and conditions contained in the Service Guides.
"Services" means the international telecommunications services provided by IKappa as listed on the Website and more specifically described in the Service Guides. The Services covered in this Agreement may not be available in all locations.
"Website" means the IKappa Internet site at www.ikappa.com.
II. Sign-Up and Use of Services
1. Services Provided.
IKappa offers you, among other things, the ability to make international telephone calls using regular telephones by dialing the access number(s) listed in the relevant page ("access numbers") or by entering a Personal Identification Number ("PIN") provided to you by IKappa and dialing the called party. The Services do not require that you change your current telephone service provider(s) in order to use the Services.
2. Opening an Account.
In order to become a IKappa customer, you must complete in full an application form on the Website. As part of the application, you will provide us with your personal identification information. This information will be used for IKappa needs only.
Please do not register with a hotel/hostel/public phone numbers when you open your IKappa account. In case you have registered any hotel/hostel/public phone number, then kindly deregister it immediately. You will be solely liable for all charges resulting from your registration of hotel/hostel/public phone numbers.
Once you have been accepted as a IKappa customer, we will send you an electronic mail message that confirms that you have become a IKappa customer.
Please note that we may deny your application and refuse to provide you with the Services if your credit is not deemed satisfactory or for any other reason, which determination shall be made at our sole discretion.
3. Usernames/Passwords/Personal Identification Numbers.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND PIN, AND YOU AGREE TO PAY FOR THE SERVICES CHARGED TO YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. WE CANNOT BE HELD RESPONSIBLE FOR FRAUDULENT CHARGES THAT RESULT FROM THEFT OR FRAUDULENT USE OF YOUR CREDIT/DEBIT/CHARGE CARD OR PIN. If you believe that your Account and/or PIN is being used in an unauthorized manner, you agree to contact us immediately so that the appropriate modifications can be made to your Account. Please be aware that your Account information will be sent to the e-mail address that you entered on the application when you applied to become a IKappa customer. You are responsible for maintaining a current, operational and secure e-mail address and for promptly reading e-mail from us so that we can notify you of updates to the Services and provide information concerning your Account. We are not responsible if others can access that email account and obtain your Account information.
4. Access Numbers.
To access the Services, you must dial either the access number. After dialing the access number, you must enter your PIN (unless you are dialing from your registered phone number) and then the destination telephone number. Due to security reasons, you may still be required to enter your PIN even when dialing from your registered phone number.
Before you use the access number, you should check with your local telephone service provider to ensure that no toll charges are associated with calls to that access number. We will not reimburse you for any charges assessed by your local phone company as a result of your dialing one of our access numbers. Similarly, if you use a cellular phone to dial one of our access numbers, we are not responsible for any additional charges your cellular service provider may levy on your account for using the Services on your cellular phone.
5. Customer Service.
If you have questions, concerns or complaints about the Services, you may contact our Customer Service Department 24 hours a day, 7 days a week by e-mail at support@ikappa.com.
III. Charges and Payment
1. International Calling Rates and Charges.
Our rates and charges are listed on the Website and in the applicable Service Guides and are incorporated by reference herein. The rates and charges for any particular call may depend on a number of factors, including whether you are calling from a payphone or your personal home or mobile phone.
2. Rating of International Calls.
Charges for telephone calls are measured in seconds. Timing on calls begins when the call is answered by the called party. Timing terminates on calls when the calling party hangs up or IKappa's network receives an "on -hook" signal from the terminating carrier. We may change the billing period or billing increment from time to time by posting any such change on the Website at least five (2) days before they become effective, except that any change that is required by law or a governmental authority shall be effective immediately.
3. Taxes and Other Charges.
You must pay all taxes, fees, surcharges and other charges that we bill you for the Services, unless you can show documentation satisfactory to us that you are exempt. Taxes, fees, surcharges and other charges will be in the amounts that federal, state and local authorities require us to bill you. We will not provide advance notice of changes to taxes, fees, surcharges and other charges, except as required by applicable law.
4. Rate Changes.
We may change the rates and charges for the Services and offer special promotions from time to time. We may increase or decrease rates or charges at any time without providing advance notice.
5. Payment.
You agree to pay us for the Services at the rates and charges listed in our Service Guides. If the charge to your credit, debit or charge card is not accepted (e.g. the card is no longer valid or you have instructed the credit/debit/charge card company to block, reject or refuse to pay such charge) for any reason other than your disputing in good faith the validity of Service charges, we may charge you an additional fee as well as a late fee of 1.5% per month, which we will apply to that period's unpaid balance and any outstanding amounts that remain unpaid at the time of the next bill. If the state law where you receive the Services requires a different fee or rate, we will charge that fee or apply that rate.
6. Billing Information and Monthly Statements.
All IKappa customers will have confidential access to their billing or usage information - for the current month - on the Website under "My Account" 24 hours a day/ 7 days a week.
7. Billing Disputes.
You are responsible for reviewing your monthly statements or billing information, as the case may be. You must notify us by e-mail (support@ikappa.com) of any disputed charges within thirty (30) days of the charge being posted to your Account. To the extent we determine that a billing adjustment is warranted, we will credit your Account as provided in the applicable Service Guide. If you fail to notify us of a billing dispute as noted above, you will waive all rights to bring any claim regarding the particular charge.
IV. Suspension and Cancellation of Services
1. Cancellation.
You may discontinue using the Services at any time by notifying us by e-mail (support@ikappa.com). We will then shut down access to your Account. In all cases, you will remain responsible for payment of all charges for Services rendered up through the date you discontinue the Services.
2. Expiration Policy.
We may, in our sole discretion, elect to terminate your Account and your PIN after six (6) months of inactivity (measured from the date of last use). If you desire to keep your Account active, you may request an extension of the expiration period by notifying us by e-mail (support@ikappa.com). Upon receipt of your request, we may, at our sole discretion, provide you with an extension of the expiration date of your Account and your PIN. All extensions will be confirmed by us via e-mail. Please note that we are not obligated to provide you with such an extension nor are we obligated to refund any remaining balance left in your prepaid Services Account as of the date it expires.
3. Fraudulent Use; Termination by IKappa.
You will not use the Services for any unlawful, abusive, or fraudulent purpose, including, for example, using the Services in a way that (1) interferes with our ability to provide Services to you or other customers; or (2) avoids your obligation to pay for the Services. If we have reason to believe that you or someone else using your PIN or Account is abusing the Services or any of the promotion campaigns or using them fraudulently or unlawfully, we shall immediately suspend, restrict, or cancel your Account and your ability to use the Services without notice. In all other instances, we reserve the right, at our sole discretion and for any reason, to (a) suspend, restrict or terminate your Account and your access to the Services and/or (b) refuse to allow you to recharge your prepaid Services Account.
4. Other.
We may from time to time discontinue certain Services, subject to applicable law and regulation.
5. Outstanding Charges.
If your Account is suspended, restricted, or cancelled, you are still responsible for any charges that accrue through the date that we fully processes the suspension, restriction or cancellation. Subject to Section V and applicable state law, you must reimburse us for any reasonable costs we incur, including attorneys' fees, to collect charges owed to us. If we elect to reactivate your Account and your ability to use the Services, we may require that you prepay or pay a deposit and/or service restoration fee.
V. Indemnification, Limitation of Liability and Warranties
1. Indemnity.
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY CLAIM BY THIRD PARTIES AGAINST EITHER OF US ARISING FROM YOUR USE OF THE SERVICES OR THE WEBSITE. IN ADDITION, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, UNLESS SUCH CLAIMS ARE BASED ON OUR INTENTIONAL MISCONDUCT.
2. Limitation of Liability.
EXCEPT FOR DAMAGES CAUSED BY OUR INTENTIONAL MISCONDUCT, WE WILL NOT BE LIABLE FOR DAMAGES THAT EXCEED THE AMOUNT OF OUR CHARGES TO YOU FOR THE SERVICES DURING THE PRIOR ONE MONTH PERIOD. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, OR INCREASED COSTS OF OPERATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS IT IS BASED (SUCH AS CONTRACT, TORT, STATUTE OR OTHERWISE). IN ADDITION, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, THE SERVICES THROUGH TOLL OR LOCAL ACCESS NUMBERS. AS INDICATED EARLIER, WE ARE NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. THIS SECTION IV WILL REMAIN IN EFFECT AFTER THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
3. No Warranties.
WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING OUR EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH WARRANTY.
VI. Dispute Resolution.
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY.
1. Binding Arbitration.
The arbitration process established by this Section V is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. 1-16. You agree that all disputes, claims and/or controversies arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration in accordance with the provisions of this Section V, and you waive all rights to take a dispute or claim to a small claims court or any other judicial forum. This includes any dispute based on any product, Service or advertising having a connection with this Agreement.
2. Arbitration Procedures.
The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association's ("AAA") Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date the dispute is submitted to the AAA. The arbitration will be conducted by a single arbitrator, who shall be an individual engaged in the practice of law. The arbitrator shall be selected by the AAA in accordance with its procedures. You have the right to be represented by counsel in arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES OR FEES ARE EXPRESSLY AUTHORIZED BY A STATUTE OR PROVIDED FOR IN THIS AGREEMENT. YOU AND IKAPPA BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
3. Arbitration Information and Filing Procedures.
Before you take a dispute to arbitration, you must first contact us by e-mail at support@ikappa.com and provide us an opportunity to resolve the dispute. Similarly, before we take a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or IKappa is notified by the other of a dispute, then either party may then contact the AAA in writing at AAA Service Center, 134555 Noel Road, Suite 1750, Dallas, Texas 75240-6620 and request arbitration of the dispute. Information about the arbitration process and the AAA's Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, on-line, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location that the AAA selects in the state of your primary residence. Arbitrations under this Agreement shall be confidential as permitted by federal law. By notifying us within twenty days after commencing an arbitration proceeding, you may elect to relieve both parties to the arbitration of confidentiality obligations.
4. Fees and Expenses of Arbitration.
You must pay the applicable AAA filing fee when you submit your written request for arbitration to the AAA. The AAA's filing fee and administrative expenses for document arbitration will be allocated according to the AAA's Rules, except as stated herein. If you elect an arbitration process other than a document ("desk") or telephone arbitration, you must pay your allocated share of any higher administrative fees and costs for the process you select. You may ask the AAA about the availability of a pro bono arbitrator and/or a waiver or deferment of fees and expenses from the AAA; more information about the AAA's rules and policies is available at the AAA's website, which is www.adr.org. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys' fees and expenses for witnesses, document production and presentation of evidence. If you prevail before the arbitrator, however, you may seek to recover the AAA's fees and the expenses of the arbitrator from us. If we prevail before the arbitrator, and if we show that you acted in bad faith in bringing your claim, then we may seek to recover the AAA's fees and expenses of the arbitrator from you.
5. Survival of this Section.
If any portion of this Section V is determined to be invalid or unenforceable, then the remainder shall remain in full force and effect.
VII. Miscellaneous.
1. Agents and Resellers.
No agent or reseller is permitted to sell the Services, electronically or through phone cards, unless it has been specifically authorized by IKappa. If you are contacted by an agent, you should contact us to confirm whether the agent has the proper authorization.
2. Access to Third-Party Vendors.
We may, from time to time, offer our customers the ability to purchase various products and services from third-party vendors by accessing those third-party vendors directly through the Website via click-throughs or hyperlinks. We are not responsible for the contents of any linked site, the products/services offered through those sites, any link to other sites contained in a linked site, or any changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply an endorsement, guarantee or warranty (either expressed or implied) by us of the site or the products/services offered through that site. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.
3. Acts Beyond Our Control.
Except for your obligation to pay for the Services, neither of us is liable to the other for any delay, failure in performance, loss or damage due to causes beyond our reasonable control, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, acts or omissions of carriers or suppliers, systems failure and acts of regulatory or governmental agencies.
4. Consent to E-Mail Communications.
By entering into this Agreement, you consent to the receipt of e-mails from IKappa. In addition to sending you e-mail notifications as provided for above, we may also send you e-mails about other products and services we believe may be of interest to you. You may opt-out of future e-mails about products or services by contacting us either by e-mail at unsubscribe@ikappa.com. We reserve the right, however, to continue to e-mail you important information relating to your Account, this Agreement or the Services in which you are enrolled.
5. Trademarks.
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of IKappa, including but not limited to, "IKappa" and "ikappa.com" (collectively "Marks") are and shall remain the exclusive property of IKappa and nothing in this Agreement shall grant you the license to use such Marks without our prior written permission.
6. Assignment.
We may assign all or part of our rights and duties under this Agreement to any party at any time without notice to you. If we do that, we will have no further obligation to you in connection with such assigned duty. You may not assign your rights and duties under this Agreement without our prior written permission.
7. Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will continue in full force and effect.
8. Integration - Entire Agreement.
This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between you and IKappa with respect to the Services provided hereunder and will supersede and replace all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and IKappa. No written or oral statement, advertisement or service description not expressly contained in the Agreement will be allowed to contradict, explain, modify or supplement it. You acknowledge and agree that you are not relying on any representation or statement by IKappa that is not included in this Agreement.
9. Governing Law.
This Agreement is governed by the Federal Communications Act to the full extent applicable, and otherwise by the law of the State of New York, without regard to its choice of law rules. The arbitration provisions in Section V are also governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pay for the Services.
10. Waiver.
Either party's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
11. Compliance with Laws.
You agree to use the Services in a lawful manner that is consistent with the terms and conditions of this Agreement and all applicable federal, state and local laws and/or regulations. Notwithstanding any other provision contained in this Agreement, we reserve the right to immediately, and without notice, terminate, or otherwise discontinue, your Account and PIN in the event we determine that you have violated any such term, condition, law and/or regulation
IKappa Service Guide:
This Service Guide is subject to and a part of the IKappa Customer Services Agreement (the "Agreement"), and may be changed and/or discontinued at any time by IKappa. In order to use the Services described below, you must be enrolled as a IKappa customer. Please see the Agreement on our website at www.ikappa.com (the "Website") for enrollment information and further details concerning the Service.
1. Description and Availability of Service.
The Services allows you to purchase in advance virtual calling card capabilities to enable you to place calls to over 200 countries.
2. Rates and Charges.
For the applicable rates and charges for the Services please click here (http://www.ikappa.com/en/rates/)
Connection fee: None
Billing Increment: One seond.
Payphone surcharge: 80 cents/call
Taxes and other charges as described in Section II of the Agreement may apply.
3. Access Number.
To access the Services, you must dial an access number. To see complete list of our access numbers please click here (http://www.ikappa.com/en/access/)
If you are dialing the access number from a phone number that is not registered on your Account or a phone number that is registered on your Account but the caller ID of that phone is not recognizable you must enter your personal identification number ("PIN") that has been assigned to you upon your Account activation.
4. Usage Conditions. The following conditions are specific to the Service:
In order to use the Services, your IKappa Account (your "Account") must have a sufficient balance to cover the cost of the Service.
As you use the Services, your Account will be debited accordingly.
Calls in progress will be terminated if your Account balance is insufficient to cover the cost of continuing the call.
5. Usage Information.
You will have confidential access to your usage information " for the current month only " on the Website under "My Account" 24 hours a day, seven days a week. We will not send any invoice or statement to you concerning your usage.
6. Prepayments.
The following conditions will govern prepayments you make to your Account balance:
You may add to your Account balance at any time by accessing "My Account" at our Website www.ikappa.com.
Prepayments must be made in certain dollar denominations, with a minimum of $5.00.
The prepayments credited to your Account do not expire so long as your Account remains active. If your Account does expire, however, we will not be obligated to refund any balance remaining in your Account to you. See our Expiration Policy in Section III of the Agreement for further details.
Please note that unless we discontinue the Services while your Account is still active, we are under no obligation to make any refund of any prepayments you make toward the Services under any circumstances. Thus, you should only make prepayments to your Account if you believe that you will use the balance.
7. Billing Disputes.
You must notify us by e-mail at support@ikappa.com of any disputed charges within thirty (30) days of the charge being posted to your Account. To the extent we determine that an adjustment is warranted, we will credit your Account accordingly.
IKappa will not be liable for the liabilities whatsoever resulting due to registration of hotel/hostel/public phone numbers or otherwise any claims by you or third parties.
8. Cancellation.
We will provide the Services to you until one or more of the following events occur:
You choose to close your Account by notifying us by e-mail at support@ikappa.com. We will then shut down the access to your account. You will not be entitled to any refund of the unused balance in your Account as of the date you terminate your Account.
Your Account balance is depleted and you do not replenish your Account balance.
We suspend or terminate your Account or your ability to replenish your Account balance as provided in Section III of the Agreement.
We discontinue the Services, in which case we will refund the unused balance in your Account to you.
9. Customer Service:
If you have any questions, concerns or complaints about our Service, you may contact our Customer Service Center 24 hours a day, seven days a week by e-mail at support@ikappa.com.