A) TERMS FOR USING STI PREPAID WEB SITE. YOU MUST READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE.
If you use the STi Prepaid web site, www.stiprepaid.com, (the "Site"), you are agreeing to abide by all of the provisions set forth in this agreement (the "Agreement") between you and STi Prepaid, LLC ("STi" or "STi Prepaid"), along with any of its affiliates doing business as STi, providing long distance services ("Services"). When we use the words "we," "us," or "STi", we are referring to STi Prepaid. When you activate Services or attempt to use our Services, (including, without limitation, attempting to place a call) you accept the Agreement.
Provision of Service. Your purchase of long distance service does not mean that we must provide Services to you. We may decide not to provide Services to you for any lawful reason. We may request that you provide us with any information we reasonably require to determine whether you qualify for Services.
Changes to Agreement. We may change this Agreement at any time. Any changes to the terms are effective when we publish the revised terms. If you use our Services or make any payment to us on or after the effective date of the changes, you accept the changes. You may not modify the Agreement.
Use of Services; Availability. Services may not be used for any unlawful, fraudulent or abusive purpose. By requesting Services, you agree that you will not use Services and equipment in any unlawful, fraudulent or abusive manner. You may not resell or lease Services to anyone. Coverage and quality of Services may be affected by conditions within or beyond our control. We cannot guarantee that there will be no interruptions or delays in Services.
Termination. You must maintain a positive balance in your prepaid account to make calls using prepaid calling cards. STi reserves the right to refuse to process calls when the authorization code or PIN of a prepaid calling card cannot be validated.
Pay-per-call Service. STi Prepaid will not complete calls to 900, 976 and similar numbers for pay-per-call services.
Limitations of Service. Services are offered subject to the availability of facilities and/or equipment. STi Prepaid reserves the right, without incurring liability, to refuse to provide Service, to or from any location where the necessary facilities, equipment, systems, and/or switch software are not available. STi Prepaid reserves the right to refuse to process calls when the authorization code or PIN of a prepaid calling card cannot be validated. Credits will not be issued for cut-off calls, poor transmission quality, or when the wrong number is dialed.
Limitation of Liability. The liabilities of STi Prepaid for damages arising out of mistakes, omissions, interruptions, delays, errors or defects occurring in the course of furnishing Service and not caused by the negligence or intentional acts of the customer will in no event exceed an amount equivalent to charge for the call during which such mistake, omission, interruption, delay, error or defect in the course of furnishing Service occurs. STi Prepaid will not be liable to the customer for damages or statutory penalties or be obligated to make any adjustment, refund or cancellation of charges unless the customer has notified STi Prepaid in writing of any dispute concerning charges, or the basis of any claim for damages, within sixty (60) calendar days after the call giving rise to such dispute or claim. Any such notice must set forth sufficient facts to provide STi Prepaid with a reasonable basis upon which to evaluate the customer’s claim or demand. STi Prepaid is not liable for any damages the customer may incur as a result of the unlawful or fraudulent use or use by an unauthorized person of the Service. STi Prepaid is not liable for any failure of performance hereunder due to causes beyond its control, including, but not limited to:
- unavoidable interruption in the working of transmission facilities including but not limited to fire, explosion, vandalism, cable cut, or other similar occurrence;
- natural disasters such as storms, fire, flood, or other catastrophes;
- any law, order, regulation, direction, action or request of the United States government, or any other governmental entity having jurisdiction over STi Prepaid or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of such governmental entity, or of any civil or military authority;
- national emergencies, insurrections, riots, rebellions, wars, strikes, lockouts, work stoppages, or other labor difficulties, supplier failures, shortages, breaches or delays, unlawful acts of individuals including acts of STi Prepaid’s agents, contractors, and employees if committed beyond the scope of their employment, or
- the unlawful acts of individuals, including acts of STi Prepaid’s agents and employees if committed beyond the scope of their employment.
Indemnification. You indemnify and agree to defend us, our affiliates, partners, directors, officers, employees and agents from and against any claim, action, damage, liability and expense arising out of or in connection with: (1) your acts or omissions that occur in connection with your use of the Services or equipment used in connection with the Services, and (2) any communications you make or receive using the Services. This indemnification extends to and includes any attorney's fees and costs incurred by us arising from any actions or claims to which this indemnification applies, or from the contesting of the applicability of this provision. This section survives termination of this Agreement.
Mandatory Arbitration of Disputes. Any claim, controversy or dispute of any kind between the customer and the company and/or any of its' employees, agents, affiliates or other representatives, whether sounding in contract, statute, or tort, including fraud, misrepresentation, fraudulent inducement, or any other legal or equitable theory and regardless of the date of accrual of such claim, controversy or dispute shall be resolved by final and binding arbitration as prescribed in this section. The Federal Arbitration Act, not state law, governs the question of whether a claim is subject to arbitration. However, nothing contained in this arbitration provision shall preclude the customer from resolving any claim, controversy or dispute in small claims court he or she otherwise would have the right to pursue.
A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected according to the rules of the American Arbitration Association or JAMs or, alternatively, may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then-applicable rules of American Arbitration Association or JAMs, as applicable. All expedited procedures prescribed by the applicable rules will apply. Any required hearing fees and costs shall be paid by the parties as required by the applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs, as the arbitrator deems appropriate.
The arbitrator's decision and award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction.
If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorney's fees.
Notices. You may get our current address for written notice by calling STi Prepaid Customer Service. Written notice is deemed delivered 3 days after deposit in the U.S. mail, postage prepaid, and properly addressed. Unless required by this agreement or applicable laws, (1) you may notify us by calling STi Prepaid Customer Service, and (2) we may notify you by leaving a message for you on your phone, answering machine or with your answering service. Notice addresses may be changed by giving notice as provided in this section.
Choice of Law. This Agreement is governed by and must be construed under federal law and the laws of the state of New York, without regard to choice of law principles. You agree to submit yourself to the personal jurisdiction of the courts in the state of New York.
General. If either of us does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. Section headings are for descriptive purposes only and are not used to interpret this Agreement. You may not assign this Agreement to any other person or entity without our prior written approval. This Agreement (including any referenced documents and attachments) makes up the entire Agreement between you and us and replaces all prior written or spoken Agreements, representations, promises or understandings between you and us. The provisions of this Agreement that are contemplated to be enforceable after the termination of this agreement survive termination of this Agreement.
STi Prepaid all rights reserved. No reproduction in whole or in part allowed without prior written approval. STi is a registered trademark of STi used under license.