Terms and Conditions
(last updated March 10, 2016)
This web site contains the rates, terms and conditions for RINGYARD’s state-to-state and international long distance services. It includes the services to consumers, and provides the specific rates, terms and conditions. This web site will be continuously updated to maintain a current record of RINGYARD’s long distance services.
1. These terms and conditions are subject to and part of the RINGYARD Services Agreement.
2. You agree to prepay for all charges incurred with the RINGYARD calling service and to comply with the other terms set forth here.
3. Your RINGYARD service is not transferable. You may authorize others to use your account, but the responsibility of payment for the charges incurred remains yours. You have the option to terminate your account at any time, once an account is cancelled, it is blocked and permanently cancelled, by our network, however you have the option of paying an override reconnection fee of $89.00 to re-activate a blocked number. Re-activation usually takes 24-48 hours.
4. Charges for services, which will not vary depending upon where and how you call, will be rated and charged in U.S. dollars and effective tariffs. Charges by your existing cellular service may apply.
5. The rates and charges applicable to RINGYARD calls are available to you upon request after you have completed a call.
6. For a state-to-state and long distance calls using the RINGYARD service your rate is billed per minute.
7. You must notify RINGYARD of any address changes by keeping your online account updated.
8. RINGYARD will attempt to provide such services as described in its marketing material, but does not warrant such services to be error free or fit for any particular purpose.
9. You may not use RINGYARD services for any unlawful purpose, and you are responsible for and will hold RINGYARD harmless against the consequences of unlawful use or any slander, libel or other actionable content in any message.
10. The liability of RINGYARD, or any of its employees, agents or cooperating service provider(s), arising from any misdelivery, non-delivery or any other errors or omissions in the provision of such services is limited to an amount equal to the charge for any such service(s).
11. The registration of RINGYARD accounts is subject to limited availability. RINGYARD reserves the right to refuse to issue certain card names. Other terms and conditions apply.
12. Your account may be subject to a maximum monthly usage limit.
13. If RINGYARD suspects fraudulent, abusive or illegal use of your services, RINGYARD may, among other things, suspend, restrict or terminate your account without notice.
14. RINGYARD reserves the right to deactivate or terminate your account without further notice OR if your account remains inactive for a period of at least 24 months.
15. Price Changes. We may change the prices and charges for the Services from time to time. Except as otherwise may be provided below or by any applicable state laws and/or requirements, the following provisions shall apply for price changes. We may decrease prices without providing advance notice. Increases to the prices or charges for the Services are effective no sooner than fifteen days after we post them on our Web site at www.RINGYARD.com. Increases to charges that recover our costs associated with government programs are effective no sooner than three days after we post the increases on our Web site. We will provide further notices of increases to the prices and charges.
16. Failure to Pay. Upon advance notice, we may suspend, restrict, or cancel the RINGYARD account and this Agreement, if you do not make payments for current or prior bills by the required due date, including payments for late fees or any other required additional charges. If the state where you receive the Services has different laws and/or requirements relating to notice and disconnection of service, the state-specific requirements will apply.
17. Becoming a RINGYARD Reseller. Your submission of all Reseller information through RINGYARD’S WEBSITE is governed by this Reseller Agreement and by RINGYARD's Privacy Statement (the "Privacy Statement"), located at https://ringyard.com/privacy/. This Agreement incorporates by reference the terms and conditions of the Privacy Statement.
17A. A RINGYARD customer becomes a RINGYARD Reseller by paying an annual fee of USD$129.00 and by fully agreeing to all Terms & Conditions as set forth by RINGYARD, Inc. All Resellers are subject to verification & acceptance by RingYard. RINGYARD may terminate Reseller at any time, with or without cause.
18. Reseller Rules of Conduct. Only one account is allowed per Reseller. In the event a second account is inadvertently opened, the second account will be closed, except in cases where Reseller replaced their primary phone number. All Applicants must be of legal age in their state of residence. All RINGYARD Resellers are independent contractors. RINGYARD Resellers are not agents, employees, partners or franchisees of RINGYARD and may not represent themselves as such. No initial product purchases are required to become a RINGYARD Reseller, however a Reseller can purchase marketing tools & resources from RINGYARD as Resellers are prohibited from printing their own or reproducing RINGYARD’s original marketing materials.
18A. Resellers are prohibited from modifying or adding surcharges to any customer order unilaterally. Resellers MUST collect cash payments on all orders prior to loading credits to a customer’s phone. ALL sales are final. Once credits are loaded to a customer’s phone it cannot be removed. Resellers should validate orders to avoid discrepancies. Each Reseller is responsible for his or her own business decisions and expenditures including credit and debit card transaction fees on purchases for resale.
18B. Resellers are paid on the 1st of each month (except when such date falls on weekends or bank holidays) for the previous month. Payments are made to a bank or PayPal account provided by each Reseller. Resellers can view their daily running credit balance from their RINGYARD portal. All Resellers are responsible for the payment of self-employment taxes required by Federal, state and local laws. Failure to provide proper tax documentation for reseller income will result in RingYard withholding current and future monthly payments where applicable.
18C. RINGYARD expects ALL Resellers and users of the RINGYARD “SELL CREDITS” WEBSITE INTERFACE to respect the law as well as the rights and dignity of others. While using the RINGYARD WEBSITE to sell credits you agree to comply with all applicable laws, rules and regulations. In addition, your use of the RINGYARD's WEBSITE to sell credits is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct will result in termination of your account and access to future use of the RINGYARD WEBSITE.
19. INDEMNIFICATION. YOU AGREE THAT WE SHOULD NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS AGAINST US THAT ARISE FROM YOUR USE OF THE SERVICES. FURTHER, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS' FEES, UNLESS SUCH CLAIMS ARE BASED ON OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.
20. LIMITATIONS OF LIABILITY. NOTHING IN THIS AGREEMENT LIMITS OUR LIABILITY, IF ANY, FOR OUR WILLFUL OR INTENTIONAL MISCONDUCT. IF OUR NEGLIGENCE CAUSES DAMAGE TO PERSON OR PROPERTY, WE WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF DIRECT DAMAGES TO THE PERSON OR PROPERTY. IF OUR NEGLIGENCE CAUSES DAMAGE OF ANY OTHER SORT, WE WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD. FOR ALL CLAIMS THAT ARE NOT THE RESULT OF RINGYARD's WILLFUL OR INTENTIONAL MISCONDUCT, WE WILL NOT BE LIABLE FOR PUNITIVE, RELIANCE, OR SPECIAL DAMAGES (UNLESS AN APPLICABLE STATUTE EXPRESSLY AUTHORIZES SUCH DAMAGES), AND WE WILL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE OR INCREASED COSTS OF OPERATION. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE OR WE WERE TOLD THEY WERE POSSIBLE, AND THEY APPLY TO ANY NEGLIGENCE CLAIM THAT DOES NOT INVOLVE WILLFUL MISCONDUCT OR INTENTIONAL MISCONDUCT, NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS (SUCH AS CONTRACT, TORT, STATUTE, MISREPRESENTATION) IT IS BASED. WE WILL NOT BE LIABLE FOR ANY DAMAGES — AND WILL BE LIABLE ONLY FOR THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD — IF SERVICES ARE INTERRUPTED, OR THERE IS A PROBLEM WITH THE INTERCONNECTION OF OUR SERVICES WITH THE SERVICES OR EQUIPMENT OF SOME OTHER PARTY. THIS SECTION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.
21. WARRANTIES. EXCEPT AS THIS AGREEMENT EXPRESSLY STATES, WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICES AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, RINGYARD EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
22. MISCELLANEOUS. No Third Party Rights. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement. Acts Beyond Our Control. Neither you nor we will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any Services used. Assignment. We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent. Notices. Except as otherwise may be provided under any applicable state laws and/or requirements, notices from you to RINGYARD must be provided as specified in this Agreement. Notice from you to RINGYARD made by calling RINGYARD is effective as of the date that our records show that we received your call. RINGYARD's notice to you under this Agreement will be provided by one or more of the following: posting on our web site, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, call to your billed telephone number, or e-mail to an address provided by you. Separability. If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable. 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 Georgia, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use or pay for the Services.
23. Entire Agreement. This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain.
24. STATE LAW. You may have certain rights under the laws of the state in which you receive the Services. To the extent applicable state laws do not permit this Agreement to supersede such rights, those rights will govern the Services you receive.
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