DUAL GLOBAL MOBILE - World Free Roaming Travel Smart SIM

 

DualGlobalMobile

* DualDID – General Terms and Agreements - Appendix

* DualDID - General Terms and Conditions Appendix: Dual800

 

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DualGlobalMobile

 

1a). DualGlobalMobile SIM Cards & Airtime Purchase, Usage and Airtime consumption

1b). Cell Phone & Accessories – Preserva Phone, DualSIM Card Holder, DualSIM Adapter, DualSmart Phone & other Cell Phone & Accessories

2. Services

3. Warranty

4. Terms and General Conditions

5. Downloading

6. Prohibited Activities

7. Pricing

8. Returns/Refunds

9. Cancellation/Return/Refund Policy

10. Dual Global Mobile SIM Limited 11.Warranty

12. Replacement or Lost of Defective SIM

13. Pictorial Representation

14. Shipping & Handling

15. Termination

16. Governing Laws

17. Registered Office

1b). DualGlobalMobile SIM Cards & Airtime Purchase, Usage and Airtime consumption:

 

If the DualGlobalMobile SIM listed in this website and associated websites is defective or dead upon arrival, due to unforeseen circumstances resulting in the malfunctioning of the DualGlobalMobile SIM Card, which is very unlikely in most circumstances; you may return the SIM Card within 60 days of receipt as long as the SIM is in the same condition in which it was received. Exception is that of Dual Global Mobile Airtime Purchased. Return/Refund Policy of Airtime Purchased for use is indicated somewhere down this document.

 

1c). Cell Phone & Accessories – Preserva Phone, DualSIM Card Holder, DualSIM Adapter, DualSmart Phone & other Cell Phone & Accessories:

 

If any of Dual Global Mobile Cell Phone & Accessories such as the Preserva Phone, DualSIM Card Holder, DualSIM Adapter, DualSmart Phone & other Cell Phone & Accessories listed in this website and associated websites is defective or dead upon arrival due to unforeseen circumstances resulting in the malfunctioning of the product which is very unlikely in most circumstances; you may return the product within 60 days of receipt as long as the product is in the same condition in which it was received.

 

1d). Our Reserved Rights of inability to ship Unavailability of Bonus Cell Phone Accessories & Products: Preserva Phone, DualSIM Card Holder, DualSIM Adapter & other Cell Phone & Accessories:

 

Please, note that bonus products [Preserva Phone, DualSIM Adapter, DualSIM Card Holder, etc.] could be discontinued at any time without prior notice and once discontinued, we have no obligation whatsoever to refund any customer any money for the value of any or all of the bonus products given out free with the order of the Dual Global Mobile Smart SIM. Your Dual Global Mobile [DGM] Smart SIM may come with or without the bonus products. For refund policies, please see our website for details.

 

2. Services:
i) General
DualGlobalMobile will only be responsible for marketing and providing voice transmission services including: outgoing calls, incoming calls and where applicable recharging of airtime credit to any DualGlobalMobile SIM. However, local carriers reserve the right to change their tariff rates and coverage areas/countries at any time without prior notice. They reserve the right to increase or decrease the amount of airtime included with each SIM without prior notice. The local carriers also reserve the right to change, remove or add any of the services provided through the SIM card at any time without prior notice.

 

ii) Advertisements:

While DualGlobalMobile takes responsibility for its own adverts’ contents display on this website and its associated websites for adverts regarding its own products and services, other adverts’ contents display by third party advertisers on DualGlobalMobile websites and its associated websites are solely the responsibility of those third party advertisers and adverts’ contents display are governed by their own terms and conditions are indicated in their various websites. DualGlobalMobile and its associated websites shall not be responsible or any misinformation or misrepresentation of such adverts’ contents by third party advertisers display on its website and associated websites.

3. Warranty:

DualGlobalMobile makes No WARRANTY of any kind, expressed or implied, as to the coverage areas for GSM SIM cards and/or any of its Cell Phones & Cell Phone Accessories/products and respective service provided by the local wireless carriers. DualGlobalMobile reserves the right to refuse returns for items/products deemed to have purchased for use and return. Please, note that your DualGlobalMobile SIM Card wireless usage in terms of making and receiving a call, voice quality and clarity may be interfered  by the following factors but not limited to: service outages, structures, weather conditions, phone used, traffic volume, network changes, roaming networks disruption thereby affecting SIM outgoing and/or incoming calls, technical limitations and signal strength.

DualGlobalMobile SIM Card user agrees to use the SIM at his or her own risk and that neither Dual GlobalMobile or its parent, subsidiaries, affiliates, employees or agents warrant that the service will be uninterrupted or error free. The service is provided as it is available without any warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose of otherwise, including publishing errors within its websites. DualGlobalMobile and its affiliates, employees and agents specifically disclaim any and all warranties, including without limitation, warranties of title, merchantability, and fitness for a particular purpose and non-infringement of third party rights.

In addition, DualGlobalMobile does not make any warranty that a customer request will be processed in a timely manner including the time to process a request as such timely manner is subject to other external factors outside our control which include but not limited to: web based processing, credit/debit cards and/or banking confirmation and processing periods, local/international mailing systems.

4. Terms and Conditions – Terms of use

Please, note that these terms and conditions of Use (otherwise known as “Legal Notice” apply to DualGlobalMobile website located at www.dualglobalmobile and all associated websites. Note that Easy Worldwide Solutions, LLC and other subsidiaries and affiliate websites have their own separate policies and procedures.

This site is accessible worldwide and by using this site – mobile.dualglobalmobile.us or mobile.dualglobalmobile.co.uk  and associated websites, the user agrees to these terms (Legal Notice). If you do not agree to these terms do not use this website and its associated websites. Do not use this site for other unlawful purposes.

5. Downloading of Materials from this website

You may download material displayed on the mobile.dualglobalmobile.us or mobile.dualglobalmobile.co.uk website for personal, non-commercial use only and may not transmit, use, reuse, distributor or modify any materials displayed on mobile.dualglobalmobile.us or mobile.dualglobalmobile.co.uk site and its associated websites. Use of mobile.dualglobalmobile.us or mobile.dualglobalmobile.co.uk website contents for any public or commercial purpose must request express written permission from mobile.dualglobalmobile.us or mobile.dualglobalmobile.co.uk prior to usage.

6. Prohibited Activities

You may not use any system that support hacking or any unauthorized or illegal means to gain unauthorized access to any part or function of this Site listed in this website and its associated websites. You may not use any devise or means or attempt to interfere with the proper working of this site. You may not copy, scan or otherwise breach any security measures of this site. Impersonation of this site is totally not unlawful.

7. Pricing

Prices are subject to change without prior notice. Products are shipped according to availability of stocks.

8. Returns/Refunds

See Cancellation/Returns/Refunds Policy. Click to see full details.

9. Cancellation/Return/Refund Policy

 

See Cancellation/Returns/Refunds Policy. Click to see full details.

 

10. DualGlobalMobile.com SIM. Cell Phones and Cell Phones Accessories Limited Warranty

All DualGlobalMobile SIM and other Cell Phones & Accessories come with a 1 year limited warranty. If, however, your DualGlobalMobile SIM is defective and is within the one year warranty, then please contact us at support@dualglobalmobile.co.uk for replacement. No cash value will be given for defective DualGlobalMobile SIM used within the warranty period but a replacement of new SIM will be shipped to you directly or through DualGlobalMobile distributor in your area through which you purchased the SIM.

11. Replacement of Lost or Defective SIM

In the event that you misplace or lost your SIM, you can request for a replacement SIM that will carry the same number at NO EXTRA COST to be bore by you. However, you will be responsible for shipping and handling cost whether international or domestic/national and the request for Replacement SIM must be ordered with an airtime of $50 minimum except your lost SIM already has an airtime of not less than $10 it before it got lost. Also, note that the duration for delivery of Replacement SIM may be a minimum of 1-3 weeks or so because of card manufacture and integration of the same previous number in the misplaced or lost SIM to the new SIM. Shipping cost is determined by the location you are located. If you request for a new SIM, you will have to purchase a new SIM at the prevailing retail price.

12. Pictorial Representation

Images/pictures on this website, its associated websites and/or catalogs may vary in sizes and formats as represented from the actual products.

13. Shipping & Handling

Applicable taxes and duties charges associated with international shipping are the responsibility of the customer unless otherwise indicated. Shipping and handling charges are non-refundable. Shipping and handling rates are subject to change without prior notice.

14. Termination, Suspension of SIM Account & SIM Accounts deemed Inactive

You agree that DualGlobalMobile.com, at its sole discretion may terminate your use of the Service or individual services provided or remove and discard any Content with such services. DualGlobalMobile.com may suspend all or any of the Services or individual services for lack of use of the SIM.  Please, note that in a scenario where DualGlobalMobile.com terminate your SIM account with respect of violation of the use of the SIM as stated in this website, and if after thorough investigation that the violation was not a fault of your direct use of the SIM, any remaining air time balance in your account that was purchased less than 30 days from the date of your SIM account termination will be refunded to you; however, any remaining airtime in your SIM account that was purchased more than 30 days from the date of termination of your SIM account is non-refundable.

SIM Account Suspension - A SIM account may be suspended if the user is using the SIM for activities different from those permitted by law. Such SIM account may be restored if we receive satisfactory answers that the user was not involved of the use of the SIM for such activities but perhaps may be as result of hacking, etc. we may restore the SIM account for the user. But if we receive unsatisfactory answers, we may proceed to terminate the SIM account accordingly.

SIM Account Inactivity - While the SIM Account remains active throughout the 12 calendar months especially with the UK number, a SIM account may become inactive if there are no activities such as placing a and/or receiving a call once the SIM is activated at least within a 6 calendar months period for up to 1 minute otherwise we may suspend your SIM account due to some regulations in the Global System of Mobile Communication (GSM) world.  Suspension does not mean that your SIM account is canceled. It is only suspended due to some regulations in the GSM world. Your SIM account will be reactivated to normal if you request as long as it is within the 12 calendar months duration from the date of your first SIM activation. Also, we may require that you should try to place and/or call using your Dual Global Mobile US number if you have already activated it at least up to one minute call within every 60- day period whichever country you are located in the world [not a must you have to be physically present in the USA/Canada in every 60 days period with the SIM] in order to keep it active and usable as our Dual Global Mobile US number is permanent and does not require any monthly or year fee or plan like that of the Dual Global Mobile UK number. To request SIM account reactivation if suspended, please send an email to: support@dualglobalmobile.com with your Dual Global Mobile UK number and/or the 19 digit numbers printed below the bar code on the plastic card that came with your SIM.

15. Governing Laws & General Information

This agreement and Your use of our GSM Terms and General Conditions of Services are written in accordance and governed by the Laws of the United States of America. All disputes or claims that may arise with DualGlobalMobile.com and its affiliated and/or associated websites through its operations at  the parent company - Easy Worldwide Solutions, LLC or  its subsidiaries, affiliates, employees or agents will be handled by the exclusive jurisdiction of the public courts in Washington, District of Columbia. You agree that this agreement is interpreted to be fair and without creating any jeopardy against any party. 

16. Registered Office

mobile.dualglobalmobile.us or mobile.dualglobalmobile.co.ukm is a website division of Easy Worldwide Solutions, LLC. Easy Worldwide Solutions is a limited liability company registered in the United States of America whose Registered Office is at 1120 20th Street NW, Suite S-300-RLK, Washington, DC 20036, USA.

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* DualDID – General Terms and Agreements - Appendix

REV 2.3

Copyright © 2011-2015 DualGlobalMobile

1. THE PARTIES

This document "DualDID Terms & Agreements", hereafter referred to as the "Agreement", is agreed between DualDID, a product of Dual Global Mobile – a website division of Easy Worldwide Solutions, LLC – USA, Washington, DC, hereafter referred to as "DualDID", and the person or party identified in the associated Registration Form or Reseller contract. In the case of a company application, this is the person signing on the company's behalf and who by registering acknowledges having power of representation for that company. This person is hereafter referred to as the "Customer". The "Customer" is required to provide the necessary identification and in the case of company applications, the registration number, as specified in the Registration Form on the DualDID website (mobile.dualglobalmobile.us or mobile.dualglobalmobile.co.uk).

 

 2. PRELIMINARY TERMS

2.1. Electronic Signatures and Agreement(s): The Customer hereby agrees to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the

mobile.dualglobalmobile.us or mobile.dualglobalmobile.co.uk

 

Furthermore, the Customer hereby waives any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

2.2. No Emergency Calls: by entering into this Agreement the Customer acknowledges and agrees that the DualDID infrastructure does not and does not intend to support or carry emergency calls.

2.3. No Callback Calls: by entering into this Agreement the Customer acknowledges and agrees that the DID numbers provided by DualDID cannot be used for callback applications.

2.4. Jurisdiction Restrictions: if the Customer is residing in a jurisdiction where it is forbidden by law to offer or use internet telephony, the Customer may not enter into this Agreement. By entering into this Agreement the Customer explicitly states that he has verified in his own jurisdiction if the use of internet telephony is allowed. The Customer shall be solely responsible, bear all costs (including reasonable lawyer's costs) and will hold DualDID and/or its parent division/company harmless, if he breaches the Jurisdiction restrictions.

2.5. DualDID may at its sole discretion refuse a Customer application or order:

2.5.1. If the information provided is incomplete.

2.5.2. If DualDID has reason to doubt the accuracy of the information, or it is not supported by the required identification or, in the case of company applications, the required authorization.

2.5.3. If the Customer is known to have committed fraud, or is bankrupt, or has given any reason to doubt his ability to meet their commitments under this Agreement.

 3. SERVICES

3.1. DualDID agrees to provide the Customer, and Customer agrees to purchase services from DualDID under the terms and conditions set forth in this agreement.

3.2. This Agreement shall apply to all services provided by DualDID. Services may include but are not limited to: Numbers (including DID numbers and Toll-Free numbers), Channels (including Dedicated and Flexible Channels), Virtual PRI, Call Forwarding, Termination, Inbound and Outbound SMS, Virtual PBX, access to an API, and may have additional terms and restrictions as specified in the relevant service appendices.

3.3. Customer acknowledges that the allocation of Numbers (DIDs and/or Toll-Free numbers) as part of the Service does not constitute a transfer of property or sale of numbering rights by DualDID, and only constitutes a sale of right to use the Numbers exclusively as long as the Service is provided. As a result, Customer is not entitled to claim any such rights to the Numbers which will be reassigned to DualDID immediately at the termination of the Service.

3.4. Service term is one or more full months, according to the service order, beginning on date that Service is activated. Service orders are renewed automatically for additional terms until cancelled.

4. ACCEPTABLE USE OF SERVICE

4.1. The Customer is prohibited from using the Service for callback calls, auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting purposes.

4.2. Customer agrees to indemnify DualDID against any cost and/or damage and/or expense and/or claim and/or demand, including any made by a third party, arising out of the Customer's or End User's use of the service in violation of the Acceptable Use of Services, and all costs relating thereto, all of which will immediately be due and payable.

 

5. RESPONSIBILITIES AND OBLIGATIONS

5.1. DualDID

5.1.1. DualDID will make all reasonable efforts to maintain equipment suitable for handling and terminating calls.

5.1.2. DualDID shall notify the Customer as soon as reasonably practical, of any changes in rates payable, or modification to the service offered.

5.1.3. DualDID shall provide the Customer with reasonable technical and sales support, which DualDID in its sole discretion shall consider necessary and appropriate.

5.1.4. DualDID may from time to time make changes to equipment used to handle calls and provide the service. Such changes are at the sole discretion of DualDID, and may be made without prior consent from the Customer.

5.2. CUSTOMER

5.2.1. Customer shall pay for the Services in accordance with the provisions set forth herein in Section 8.

5.2.2. The Customer shall ensure that it has all necessary approvals, permissions or authorizations for the services operated through DualDID including those offered to its End Users. The Customer shall be responsible for the content, quality and delivery of services offered to its End Users, and for ensuring that these services comply with the laws and this Agreement.

5.2.3. The Customer shall provide DualDID on request with information or material regarding the service operated through DualDID, including those offered to its End Users or agents upon and to the extent of any request made by DualDID.

5.2.4. The Customer shall ensure that services provided are not used for any unlawful purpose whatsoever including the transmission or offering of any information or services which are unlawful, abusive, harmful, threatening, defamatory, or which in any way infringe copyright, intellectual property rights, trademarks, or which is pornographic, or any other material that may cause offence in any way.

5.2.5. DualDID may recover from the Customer, who will hold DualDID harmless, all fines, claims or administrative expenses resulting charged by any other regulatory body, resulting from a breach of the law or this agreement.

5.2.6. The Customer specifically agrees to indemnify DualDID against all costs and liabilities arising out of all claims which result from a breach, or an allegation of any breach of any of Customers' obligations set forth in this clause ‎5.2

5.2.7. The Customer shall co-operate with DualDID in relation to any complaints, enquiries or investigations regarding services offered by the Customer. The Customer shall, at the discretion of DualDID, without limitation bear in full any costs associated with such complaints, investigations, or enquiries or any action whether brought by DualDID or brought against DualDID.

5.2.8. The Customer shall ensure that any third party using its facilities shall be bound by the terms of this Agreement.

5.2.9. The Customer is responsible for ensuring that no third party intellectual property right is infringed by its choice of DID number for a particular service and will hold DualDID harmless against all costs and liabilities arising out of a breach or allegation of a breach of any such third party's intellectual property rights.

5.2.10. All notices, requests or other communications shall be in writing and addressed to the Customer by email. The Customer bears all responsibility concerning the reception of the DualDID mails, he agrees to keep his email address updated at all time, and he will inform DualDID of any modification of his email address within 24 hours of the moment of modification.

 

6. ASSIGNMENT

6.1. The Customer shall not assign the rights and obligations of this Agreement to any other party without the express permission in writing of DualDID.

6.2. DualDID may assign the rights and obligation of this Agreement to a third party without the prior consent of the Customer.

 

 7. PROVISION OF SERVICES AND WARRANTIES

7.1. DualDID will take steps to ensure its network and services are reasonably fault free, and that service is reasonably uninterrupted. However, DualDID cannot provide a fault free service. DualDID gives no warranty that its network or services shall be continuous, or will be free from faults.

7.2. DualDID gives no warranty or guarantee that the service is satisfactory or suitable for the Customer's purposes. All warranties relating to the service from DualDID are excluded, even if implied by statute.

7.3. The parties acknowledge that no representations, warranties or statements made prior to concluding this Agreement form any part of a contract, nor has induced either party into this Agreement.

7.4. The Customer acknowledges that:

7.4.1. The service provided by DualDID was not designed for the Customer's individual requirements, and it is up to the Customer to decide if the service provided by DualDID is of satisfactory quality and fit for the purpose for which it is used.

7.4.2. DualDID is reliant on third parties for delivery of services, and therefore DualDID can have no liability of whatever nature for any delay or fault to the delivery of same.

 

 8. RATES, PRICES AND PAYMENT

8.1. All prices are stated on the applicable price list updated from time to time and posted on Customer's private account on the website. Customer is eligible to benefit from DualDID's wholesale pricing of the applicable tier to the extent that Customer agrees to subscribe to a Minimum Monthly Charge ("MMC") of that pricing tier and to terms and conditions as described in the applicable MMC Appendix.

8.2. Service charges:

8.2.1. Recurring Fees are charged in advance based on the amount of full months in the order term, beginning from the date of Service activation.

8.2.2. Fees based on usage, such as voice termination minutes, Pay as You Go PSTN forwarding, Toll-Free origination minutes, and SMS are charged upon completion.

8.2.3. Fees based on usage, such as voice termination minutes, Pay as You Go PSTN

8.2.4. Customer is responsible for the full monthly payment when Services are cancelled within the monthly term.

8.3. DualDID reserves the right to modify prices for Services during the period of this Agreement.

8.3.1. DualDID may decrease prices for Services without any restrictions.

8.3.2. DualDID may increase prices:

8.3.2.1. For Services based on a variable charge, changes are effective immediately and are updated in the pricelist associated with Customers' account on the DualDID website.

8.3.2.2. For all other Services upon written notice to Customer who will have 30 (thirty) days to reject the said price increase.

8.3.2.2.1. If Customer does not reject a price increase within this period Customer will be deemed to be agreed to and accepted by Customer.

8.3.2.2.2. In case Customer rejects a price increase DualDID has the right to terminate the Service in accordance with clause ‎15.4 or to continue to provide the Service at the original price.

8.3.3. The relevant Service Order Form shall be deemed amended in accordance with a notice of price amendment.

8.4. DualDID shall charge and Customer shall pay for the Services in accordance with the provisions set forth herein.

8.4.1. Customer shall transfer funds in U.S. Dollars into its DualDID prepaid account to maintain a credit balance.

8.4.2. Payment may be made via credit card, PayPal or by wire transfer to DualDID's designated bank account. The following terms apply:

8.4.2.1. DualDID accepts payments in U.S. Dollars. A payment in any other currency will be converted by DualDID to U.S. Dollars without notice to the customer. Foreign exchange rates vary and are determined by financial institutions.

8.4.2.2. While paying by wire transfer or any credit card payment all transaction charges are to be borne by customer. DualDID will recognize only net amounts received. It is customer's responsibility to determine what, if any charges are being applied to the payment.

8.4.2.3. A minimum of 50 U.S. Dollars applies to wire transfers.

8.4.2.4. By ordering any Service with DualDID, Customer explicitly allows DualDID to directly debit its prepaid account and in case there is insufficient credit in the account, to charge Customer's credit card(s) that DualDID has on file, to settle any invoices.

8.4.3. If Customer credit balance is insufficient Services may be automatically suspended until further credit is applied. To avoid suspension of Services, Customer is advised to regularly check the status of its account, and have a valid credit card or alternative payment form updated on its DualDID account at all times.

8.4.4. Customer shall not be entitled to a reimbursement of any prepaid charges.

8.4.5. Any interest earned by DualDID on credit balances in Customer's account will accrue to DualDID.

8.5. DualDID’s records shall constitute prima facie evidence of the data contained in such records and shall prevail, absent manifest error, over Customer's records. The Customer's call minutes shall be calculated according to CDR and Pricelist data logged by DualDID in Customer's account.

8.6. DualDID shall provide Customer with invoices and detailed reports regarding the Services and payments debited from its account. DualDID should be notified of all billing disputes via email to its designated email address (support@dualglobalmobile.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it ) within 15 days. If Customer fails to deliver such notification it shall be deemed to have waived its rights to dispute the charges. DualDID and Customer shall attempt in good faith to promptly resolve any objection to the invoiced amount. If the dispute is subsequently resolved in favor of Customer, DualDID shall issue a credit to the Customer's account for the disputed amount.

8.7. Unless otherwise stated, all amounts payable to DualDID under this Agreement are exclusive of any tax, except for taxes based on the net income of DualDID. If under the applicable law the Customer must deduct any taxes from DualDID receivables, the payment amount will automatically be increased to the extent that DualDID final amount received is equal to the amount invoiced or otherwise due. Customer will provide DualDID with the official statement by the tax authorities due to the obligation to pay any such taxes. The Customer shall also pay such taxes or provide DualDID with the official statement by the tax authorities due to exemption from such taxes.

8.8. In the event that any sums due to DualDID under this Agreement are not paid by the due date then DualDID shall be entitled to charge interest at 7% over the base rate used by its designated bank for her main refinancing operations, at that time.

8.9. In case the Customer does not fulfill his payment obligation under this Agreement after the date of a final notice, parties agree that DualDID will be entitled to the application of the article 15.4 of this Agreement.

 

9. TECHNICAL SUPPORT

9.1. DualDID may without liability, prior warning or consent of the Customer, suspend the service, in the event that it wishes to carry out maintenance, upgrade works, or back-ups. DualDID will take steps to keep any consequent disruption to the service to a reasonable minimum.

9.2. In the event that the Customer becomes aware of any faults with the service, it shall notify DualDID as soon as is practicably possible.

 

10. INTELLECTUAL PROPERTY RIGHTS

10.1. All Intellectual Property Rights owned by one party shall remain vested in such party, and for clarity, and avoidance of doubt.

10.1.1. All rights of any nature, trade name, documents, drawings and information including any access codes provided to the Customer, and information in DualDID's database accessed by the End Users and the Customer remain vested in DualDID.

10.1.2. Information provided to the Customer by DualDID pursuant to this Agreement, pertaining to the Customer's End Users is the property of the Customer.

10.2. The Customer shall not use DualDID's name, trademarks, or copyrights in any way that implies any approval or connection with the services or products offered by the Customer.

10.3. Any right to use the services, and/or any software related to the services, granted by DualDID to Customer will only be perceived as a personal, limited, non-exclusive and non transferable license of use by DualDID of the services, and/or any software related to the services, for the designated purpose only.

 

11. CONFIDENTIALITY

11.1. During and after the period while this Agreement remains in force, both parties shall not disclose to any third party the information gained in connection with this Agreement, nor the terms and payments due, but each parties may disclose to its officers and employees such information as may be required for them to fulfill their proper performance of their duties, and may be used in the proper exercise of its rights and obligations under this Agreement.

11.2. The obligations of confidence and restrictions on disclosure shall not apply in the following circumstances:

11.2.1. Where such information was already known prior to this Agreement.

11.2.2. Where such information was already in the public domain, save as a result of a breach of Clause ‎11.1..

11.2.3. Where a third party, who did obtain the same from the disclosing party, disclosed such information to it lawfully; or

11.2.4. Where disclosure is required by law.

11.3. The Customer shall ensure that the confidentiality provisions of this Agreement bind all its employees and agents and shall indemnify DualDID against loss or damage suffered as a result of a breach of confidence by employees or agents.

11.4. DualDID shall have the unconditional and irrevocable right to disclose the identity and address of the Customer and any End User in the event of any complaint received from any regulatory or governmental body, or any licensed telecommunications carrier, in connection with services offered by the Customer.

 

12. LIMITATION OF LIABILITY

12.1. DualDID shall not be liable for any indirect, incidental, special or consequential damages or for interrupted communications, lost data, or loss of profit, or economic loss arising out of or in connection with this Agreement and in particular shall not be liable for any delay in rectification of any such problem.

12.2. Direct damages. DualDID can only be held liable for direct damages resulting from an attributable and faulty failure to perform its obligations under these Terms of Service. Direct damages in this respect exclusively mean:

12.2.1. All reasonable costs incurred by the Customer in order to have DualDID perform its obligations under the Terms of Service.

12.2.2. All reasonable costs incurred by the Customer in order to prevent or limit any direct damages as meant in this article.

12.2.3. All reasonable costs incurred by the Customer in order to establish the nature and scope of the direct damages as meant in this article.

12.3. Maximum amount. Direct damages caused as a result of DualDID's breaches of this Agreement shall in any event be limited to the previous 1 months payment made by the retail customer and if a reseller, a revenue generated by the Reseller, and received by DualDID, but in no event shall exceed 2,500 U.S. Dollars for any one event or series of events.

12.4. DualDID shall have no liability to the Customer in respect of any demand or claim where:

12.4.1. The demand or claim arises as a result of the Customer's and/or End-User's negligence, misconduct or breach of this Agreement.

12.4.2. If the Customer does not immediately notify DualDID of any claim.

12.4.3. If the Customer does not give DualDID full authority to deal with the claim, or does not provide all information requested by DualDID and complete and proper co-operation for DualDID to defend the claim.

 

13. FORCE MAJEURE

13.1. DualDID shall not be liable for any interruption, delay or failure in service resulting from any matter or event outside of its control, to include, but not limited to any act of god, inclement weather, storm, flood, drought, lightning, fire, power failure, shortage of power, disturbance to power supplies, disconnection damage or disturbance to telecommunications connections and cables, trade dispute, government action, embargoes, termination of or refusal to grant a license, damage to or loss of equipment or interruption, failure or delay in any service provided to us by any third party including governmental or regulatory authority or telecommunications operator, war, military operations, or riot.

13.2. DualDID will not accept any liability for the consequences arising out of a force majeure event.

 

14. INDEMNITY

14.1. Without prejudice to any other indemnity referred to in this or any other Agreement, the Customer agrees to indemnify DualDID and its parent, subsidiaries, affiliates, officers and employees against any claim or demand, including any made by a third party, arising out of the Customer's or End User's use of the service and all costs relating thereto. The Customer agrees not to hold DualDID and its parent, subsidiaries, affiliates, officers and employees responsible for any direct or indirect damage resulting from the use of DualDID software or services, in particular, but not limited to; the use or impossibility to use the Service, confidence in information obtained, errors and omissions, defects, viruses, delay in transmission, interruption of service or loss of data.

14.2. The Customer agrees to indemnify DualDID, and its parent, subsidiaries, affiliates, officers and employees against any claim or demand, arising from any act of the Customer or third party including but not limited to:

14.2.1. A breach or allegation of breach of the conditions of this Agreement.

14.2.2. Negligence, misconduct or any allegation of negligence or misconduct by the Customer or by any third party.

14.2.3. The marketing or promotion undertaken by or on behalf of the Customer.

14.2.4. The service content provided or marketed by or on behalf of the Customer, and all costs relating thereto.

 

15. TERM & TERMINATION

15.1. Term. The Agreement will be effective as of the date of the Customer acceptance thereof, and will remain effective until terminated by either party as set forth in these Terms of Service.

15.2. Either party shall be entitled to terminate this Agreement by giving to the other not less than two (2) months notice of termination

15.3. Consequences of Termination. Upon termination of the Agreement for any reason all licenses and rights to use the VoIP service shall terminate and the Customer will cease any and all use of the VoIP service.

15.4. DualDID may terminate this Agreement with immediate effect by giving notice at any time, if:

15.4.1. The Customer does not comply with the terms of this Agreement.

15.4.2. The Customer says, or appears to intend, that it will not abide by the terms of this Agreement.

15.4.3. The Customer ceases trading, convenes a meeting of, or comes to an arrangement with its creditors, has distress or other seizure levied over any of its assets or does not satisfy any demand for payment from any legal person.

15.4.4. Any step is taken to wind up or dissolve the Customer, a receiver, and/or manager or administrator appointed over any assets.

15.4.5. DualDID believes the Customer has allowed services to be used for any unlawful purpose or any use prohibited by this Agreement.

15.5. DualDID reserves the right to immediately terminate or modify any Customer's Service if DualDID determines, in its sole and absolute discretion, that the use of the Service generates excessive billing or is in violation of that Customer's responsibilities and obligations as per Section ‎5.2 of this Agreement. Customer will remain responsible for all charges through the end of the current Service Term, including unbilled charges, plus a disconnection fee, if applicable, all of which will immediately be due and payable.

15.6. Either party may terminate this Agreement if:

15.6.1. Either party has committed a breach of the Agreement, and fails to remedy the breach within 30 days of notice requiring it to do so, and;

15.6.2. Either party takes any steps to wind up or dissolve, or a receiver and/or manager or administrator is appointed over any assets.

15.7. Survival. All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the Agreement, including without limitation, all of the Customer's representations, warranties and indemnification obligations.

 

16. MISCELLANEOUS

16.1. This Agreement represents the entire understanding between the two parties. No other prior arrangements, representations or understandings, orally or in writing shall have any validity.

16.2. DualDID may vary any provision in this Agreement, without prior consent from the Customer, if such change is required because of regulatory, insurance, safety or statutory changes made after services are provided.

16.3. New versions of these Terms and Conditions: DualDID reserves the right to modify this Agreement at any time by providing such revised Agreement to the Customer or by publishing the revised Agreement on the website. If the Customer does not wish to accept this revised Agreement, he is entitled to terminate his account, in writing or by e-mail to support@dualglobalmobile.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it , with effect from the date on which the revised Agreement would become effective. The continued use of the Service by the Customer shall constitute his acceptance to be bound by the Terms and Conditions of the revised Agreement.

16.4. Changes to Services: DualDID reserves the right to modify Service at any time, for example to conform to legal and regulatory obligations. If the Customer does not wish to accept these changes, it is entitled to terminate its account, in writing or by e-mail to support@dualglobalmobile.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it , with effect from the date on which the change is effective

16.5. Ownership: All DID numbers leased and registered to Customer's account by DualDID remain under DualDID’s control, and may be reassigned at the termination of this Agreement.

16.6. Any error, omission or typographical error in any quotation, offer, sales information, invoice, or document supplied by DualDID shall be subject to correction on notice from DualDID and without liability.

16.7. DualDID's rights and powers under this Agreement are not affected if it fails to or chooses not to enforce any of them at any time. If any part of this Agreement is not enforceable it will not affect the remainder.

16.8. Applicable Law. The Agreement shall be governed by and construed in accordance with the laws of the United States of America. This Agreement shall be governed by the United States law and the Customer consents to the exclusive jurisdiction of Washington, District of Columbia courts in all matters regarding it.

16.9. Competent Court. The Customer consents to the exclusive jurisdiction of Washington, District of Columbia courts in all matters relating to Agreement.

16.10. Both parties agree that they have no joint venture, partnership, or agency relationship as a result of this Agreement. Neither party shall make any offer, guarantee, or warranty to any third party, in regard to the services, that purports to bind the other party.

 

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 * DualDID - General Terms and Conditions Appendix: Dual800

 

1. Definitions

"DID Number": a Direct Inward Dialing number enabling the user to receive incoming calls.

"Toll-Free Number": a DID Number to which calls are paid by Customer and are free of charge to the calling party.

"Channel": a channel capable of transmission of a single voice call.

"DualDID", "Customer", "End User", "Price list", "Service Order", "Service Appendix", "Website": as defined in the MSA attached herewith.

 

 

2. Toll-Free Service

a) This Service comprises of one or more Toll-Free Numbers at which Customer may receive incoming calls. In respect of the Toll-Free Service, Customer may provide its Toll-Free Service via resale or otherwise to a third party end user in accordance with the terms of this Service Appendix and the MSA.

b) The charges associated with DualDID Dual800 [Toll-Free] services may include a setup fee – Non Recurring Charge (NRC), a monthly recurring charge (MRC) and charges for each minute of traffic, according to the relevant pricelist.

c) DualDID may change Dual800 [Toll-Free Number] prices and per minute rates. DualDID will provide a notice period of 30 (thirty) days for price changes to Toll-Free Numbers, and 2 (two) days for changes in per minute rates. In cases where the price changes were mandated by the relevant regulatory authorities, within less than the notice period, price changes will be effective according to the mandate and DualDID will notify the customer as soon as it is practical to do so.

d) Toll-Free Numbers are assigned upon order and subject to availability. Allocation conditions may apply to Numbers by the relevant regulatory authorities.

e) DualDID provides all Toll-Free Numbers with 10 channels, unless otherwise stated on the applicable Price list or Service Order.

f) Customer may order additional Channels provided that the Toll-Free Number is able to support this feature and in accordance with the applicable Service Order.

g) Customer is responsible for provision and management of capacity so as to support its specific requirements, and will order channels as needed from DualDID.

h) Customer acknowledges that DualDID transmits the CLI in compliance with the applicable international rules and standards from the point of entry to the point of exit of its network. By selecting a CLI format other than the default E.164 format, Customer explicitly agrees to be fully responsible for any consequences resulting from the altered presentation. Customer also agrees that DualDID may at its sole discretion and without notice in advance modify the CLI format in the event that an NRA requests DualDID to do so.

i) Customer acknowledges and agrees to abide with the guiding principles on CLI presentation (CLIP) and CLI restriction (CLIR). In particular, Customer will (i) upon terminating a call to the End User, show the CLI when the caller opted for CLIP and block CLI presentation when the caller opted for CLIR, and (ii) keep CLI information confidential and only make use of CLI information for the purpose of providing a telecommunication service (call conveyance, operator assistance, emergency services, customer care, billing and managing the network). Customer shall not use CLI information for other commercial activities such as marketing or the advertising of any services.

j) Customer is aware that due to the nature of Toll-Free Numbers, there are risks associated with their use, including but not limited to the financial risk of excessive unintended traffic. Customer accepts these risks and agrees that DualDID is not responsible for any losses or damages incurred by Customers' use of the service.

 

 

3. Limitations

a) Customer acknowledges that the Service may not offer all of the features expected of a traditional phone line. Service may sometimes be unavailable due to causes outside of DualDID's control, for example, due to power disruptions or ISP or broadband connection failures.

b) DualDID takes steps to ensure maximum accessibility of its Toll-Free Numbers to as many mobile and fixed networks as possible through interoperability of Services. However, as DualDID relies on the interoperability of services from its local partners in each country for end-to-end connectivity, DualDID does not represent nor make any commitment that Toll Free Numbers will be reachable from all mobile and fixed networks. 

c) Customer agrees that if service involving the use of USA Toll-Free Numbers is considered a "VoIP interconnected service", provided by Customer to End User (AS -IS or in conjunction with other services), Customer is obligated to provide the Service fully in compliance with all FCC requirements applicable to "VoIP interconnected service s", including but not limited to emergency services.

 

 

4. Restrictions

a) Subject to regulatory and legal jurisdiction restrictions, Customer may use the service for its own use and/or offer it as a service or a component of a service to End Users. Customer is fully and solely responsible to comply with all applicable legal and jurisdiction restrictions and Numbering Plans in all its operations.

b) Callback Calls: Customer acknowledges and agrees that the Service provided by DualDID must not be used for callback applications except where (i) permitted in the Customer's jurisdiction and (ii) approved by DualDID and (iii) ordered separately under the terms defined in the applicable Service Appendix. Customer is fully and solely responsible for making End Users aware of any callback prohibition.

c) Calling Cards: Customer acknowledges and agrees that the Service provided by DualDID must not be used for Calling Card applications except where (i) permitted in the relevant jurisdictions and (ii) approved by DualDID and (iii) subject to any other conditions as defined by DualDID. Customer is fully and solely responsible for making End Users aware of any Calling card prohibition.

d) Ring tone and early media: If using early media with the Service and/or Toll-Free Numbers, Customer must ensure that such use is not unlawful, abusive or excessive.

 

 

5. Coverage

The list of countries in which DualDID Toll-Free Numbers are available is posted on the Website and updated from time to time.

 

 

6. Toll-Free Service Term:

a) The service term shall be in accordance with the applicable Service order but in no event shall be shorter than one (1) month.

b) The provision of a Toll-Free Number provided to Customer under this Service Appendix shall not be deemed a transfer of property or sale of the numbering rights, and Toll-Free Numbers will be reassigned to DualDID upon expiry of the Service Term.

 

 

7. Number portability

a) Number portability will be handled by both parties in accordance with the regulatory and legal procedures and guidelines as defined by the NRA.

7.a.1. Upon request from an End User and regardless of Customer's consent DualDID will not refuse to port-out a Toll-Free Number if number portability is supported in such country.

7.a.2. DualDID may charge Customer any third party costs incurred by and charged to DualDID associated herewith. Customer will only charge any costs associated with a porting of a Number to the End User if the NRA allows it.

 

 

8. Integral part of MSA

a) This Service Appendix is an integral part of the MSA between DualDID and Customer for the delivery of the relevant Services. In case of a conflict, the wording of the MSA shall have precedence.

 

 

Updated on November 1, 2014