Rates to India dropped: Call India as low as 1.69 ¢/min. Existing Customers call India as low as 1.91 ¢/min.*
Bingo Telecom Customer Services Agreement
This Customer Service Agreement (the "Agreement") sets forth the terms and conditions associated with your use of the Bingo Telecom Services. "You" and "your" mean the customer of the Services defined below, and "Bingo Telecom," "we," "our," and "us" mean Bingo Consulting LLC 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. Your online agreement and/or acceptance of this Agreement by use of Services will carry the same legal authorization as if you are providing a handwritten signature of agreement acceptance.
"Services" means the national and international telecommunications services provided by Bingo Telecom as listed on the Website. The Services covered in this Agreement may not be available in all locations.
"Website" means the Bingo Telecom Internet site at www.bingotelecom.com
I. Sign-Up and Use of Services
1. Services Provided. Bingo Telecom offers you, among other things, the ability to make international telephone calls using touch-tone telephones by dialing the access number(s) listed in the relevant Service Guide and dialing the called party. These 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 Bingo Telecom customer, you must complete in full an application form on the Website.
Once you have been accepted as a Bingo Telecom customer, we will send you an electronic mail message ("e-mail") that confirms that you have become a Bingo Telecom customer and provides you with information concerning your Bingo Telecom account (your "Account"). The e-mail will also provide your login information and password to access your account information and call records online. You will also be provided with a calling card number that can be used to make calls when you are not using your registered phone number.
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 lawful reason, which determination shall be made at our sole discretion. In addition, we may accept your application for Services but set a credit limit based on your payment history or your credit score from consumer credit reporting agencies. If we do this, we will notify you of your initial credit limit but we reserve the right to adjust your credit limit at any time. If you exceed your credit limit, we may restrict your access to the Services and also require you to make payment towards outstanding balance on your account.
3. Usernames/Passwords/Personal Identification Numbers. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT LOGIN AND PASSWORD, AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. 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 Bingo Telecom customer. You are responsible for maintaining a current, operational and secure e-mail address and for reading e-mail from us so that we can notify you of updates to our Services and provide information concerning your Account. We are not responsible if others can access that email account and obtain your Account information. Please note also that you are responsible for any and all charges to your account and that we cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit/debit/charge card or PIN.
4. Access Numbers. To access our Services, you must dial either the toll free number e.g., 1-866-71 BINGO (24646) or, where available, a local access number specified. After dialing an access number, you must enter your calling card number, unless you are dialing from your registered phone number, and then the destination telephone number.
Before you use any local access number, you should check with your local telephone service provider to ensure that no toll charges are associated with calls to that local 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 your Service, you may contact our Customer Service Department by e-mail at bingo_admin@bingotelecom.com
II. Charges and Payment
1. Rates and Charges. Our rates and charges are listed on our Website 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 the number you are calling is served by a Bingo Telecom affiliate. For example, if we are charged for your use of a payphone or other facility to originate a call, we will charge you a 69-cent surcharge regardless of whether your call is actually completed. You are responsible for checking all applicable rates and charges, including payphone or other facility surcharges, before making any call using the Services.
2. Rating of Calls. Charges for telephone calls are measured in whole minutes. All calls which are fractions of a minute are rounded up to the next whole minute (e.g., a call which lasts 1 minute, 25 seconds will be charged as a 2 minute call). Timing on calls begins when the call is answered by the called party. Timing terminates on calls when the calling party hangs up or Bingo Telecom’s network receives an "on –hook" signal from the terminating carrier. It is our promise that the calls that get disconnected within the first 10 seconds due to bad connection will not be charged to our customers. We may change the billing period or billing increment from time to time by posting any such change on our Website at least five (5) days before they become effective, except that any change that is required by law or a governmental authority shall be effective immediately.
3. Monthly User Fee. In addition to the rates and charges, you may be assessed a monthly user fee, depending on the kind of Service plan you have enrolled in. This fee will be charged regardless of whether you use your Account to make any telephone calls in a given month.
4. 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.
5. Rate Changes. We may change the rates and charges for the Services and offer special promotions from time to time. We may decrease rates or charges at any time without providing advance notice. We will post any increase in our rates or charges on our Website at least five (5) days before they become effective, except that increases that recover our costs associated with government programs (excluding taxes and other charges as provided in this Section II) are effective no sooner than three (3) days after we post such increases on our Website.
6. Payment. You agree to pay us for the Services at the rates and charges listed on our website. You agree that we may charge all charges relating to the Services to the credit, debit or charge card* number you listed in your application for the Services irrespective of when such charges were incurred or, if the charge to the credit, debit or charge card is not accepted, bill you directly for such charges. It is your responsibility to notify us of any changes to the credit, debit or charge card, including the expiration date. 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 charges and any outstanding charges and fees 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.
* At present, we are accepting American Express, Diners, Discovery, Master card and Visa credit/debit/charge cards only.
7. Billing Information and Monthly Statements. All Bingo Telecom customers will have confidential access to their billing or usage information - for the current month and the prior three months - on the Website under "My Account" 24 hours a day/ 7 days a week. For example, if you review your billing information in April, you will be able to see your charges to date for April as well as the preceding March, February, and January. We may assess you a processing fee if you request a copy of a statement that is no longer available online.
If you are enrolled in a pay after use calling plan, your charges will accrue through a full billing period. We may prorate or adjust a bill if the billing period covers less than or more than a full month. In addition to being able to view your billing information on the Website at any time, we will send to your e-mail address a monthly statement detailing your charges for the previous billing period. Failure by us to include a charge in the monthly statement immediately following the date such charge was incurred does not constitute a waiver by us of our right to bill and collect such charge from you. You agree that we include charges for calls that were made in prior billing periods on any monthly statement. You also agree that we may send such monthly statement in electronic form only. We reserve the right to change the format of the monthly statement, the billing period and/or the availability of past statements online from time to time.
8. Billing Disputes. You are responsible for reviewing
your monthly statements or billing information, as the case may be. If
you are enrolled in a prepaid calling plan, you must notify us by e-mail (bingo_admin@bingotelecom.com)
of any disputed charges within thirty (30)
days of the charge being posted to your Account. If you are
enrolled in a pay after use calling plan, you must notify us by e-mail (bingo_admin@bingotelecom.com)
of any disputed charges within thirty (30)
days of our issuance of the monthly statement containing such charge. 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.
If you initiate a chargeback (Dispute transaction with your credit card vendor) and the decision
is in Bingo Telecom's favor, your account will be charged a $30 chargeback fee for every disputed transaction.
We reserve the right to take away any promotional credit applied to your account for those transaction.
III. Suspension and Cancellation of Services
1. Cancellation. You may discontinue using the service at any time by notifying us by e-mail at bingo_admin@bingotelecom.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 service. If you are enrolled in a prepaid Service, you will not be entitled to any refund of the unused balance in your prepaid Services Account as of the date you discontinue service.
2. Expiration Policy. We may, in our discretion, elect to let your Account and your PIN expire after six (6) months of inactivity (measured from the date of last use or last recharge on the Account, whichever is later). If you desire to keep your Account active, you may request an extension of the expiration period by notifying us by e-mail (bingo_admin@bingotelecom.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 Bingo Telecom. 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 is abusing the Services or using them fraudulently or unlawfully, we can immediately suspend, restrict, or cancel your Account and your ability to use the Services without advance notice. If you do not make payments for current or prior bills, including payments for late fees or any other required additional charges, by the required due date or we are unable to charge to your credit/debit/charge card (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) such amounts as payable by you, we may suspend, restrict, or cancel your Account and your ability to use the Services upon two (2) days notice to you through electronic mail message ("e-mail"). 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, upon five (5) days electronic notice to you.
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. You must pay all outstanding charges for these Services, including payment of any bills that remain due after the date of 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.
IV. 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 CLAIM AGAINST US, UNLESS SUCH CLAIMS ARE BASED ON OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.
2. Limitation of Liability. EXCEPT FOR DAMAGES CAUSED BY OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, WE WILL NOT BE LIABLE FOR DAMAGES THAT EXCEED THE AMOUNT OF OUR CHARGES TO YOU FOR THE SERVICES DURING THE RELEVANT PERIOD. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY 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, OUR 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. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, 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 STATEMENT.
V. 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
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 an 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 BINGO TELECOM 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 bingo_admin@bingotelecom.com and give 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 Bingo Telecom
is notified by the other of a dispute, then either party may then contact the
AAA in writing at
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 a 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.
VI. Miscellaneous.
1. Agents and Resellers. No agent or reseller is permitted to sell our Services, electronically or through phone cards, unless it has been specifically authorized by Bingo Telecom. If you are contacted by an agent, you should contact us to confirm whether the agent has the proper authorization. We cannot be held liable for any representation by a third party.
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 Bingo Telecom. We reserve the right, to continue to e-mail you important information relating to your Account, this Agreement or the Services in which you are enrolled.
5. Modifications/Amendments. 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 bingo_admin@bingotelecom.com YOUR CONTINUED USE OF YOUR ACCOUNT AND/OR THE SERVICES AFTER THE NOTICE PERIOD WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE BY YOU OF ANY SUCH MODIFICATIONS OR AMENDMENTS.
6. Trademarks. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Bingo Telecom, including but not limited to "Bingo Telecom", "BingoTelecom.com", "Bingo Calling Cards", "Call India Online" (collectively "Marks") are and shall remain the exclusive property of Bingo Telecom and nothing in this Agreement shall grant you the license to use such Marks without our prior written permission.
7. 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.
8. 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.
9. Integration - Entire Agreement. This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between you and Bingo Telecom 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 Bingo Telecom. 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 Bingo Telecom that is not included in this Agreement.
10. 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
11. 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.
12. 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.