Terms and Conditions of Use

Access to and use of this site and services provided by Mutualphone ('Mutualphone') are subject to the following items:
    1. Customer agrees to be legally bound by these terms, which shall take effect immediately on your initial use. If you do not agree to all of the following terms please discontinue access and/or usage of services.
    2. Mutualphone reserves the right to change these terms by posting changes online.
       
    3. The names, images, and logos identifying  Mutualphone  or third party, and their products and services are subject to copyright, design rights and trade marks of Mutualphone and/or third parties. Nothing contained in these terms shall be constructed as conferring by implicated estoppels or otherwise any license or right to use any trademark, patent, design right or copyright of Mutualphone or any other third party.
       
    4. Mutualphone don't provide  softphone/dialer/device/gateway. Customers shall/can use any dialer/device/softphone/gateway from the third party , such as Window Messenger, x-pro, Cisco ATA186, Sipura, Grandstream, Welltech, Antek... to make calls, as long as these dialer/device/softphone meet H323/SIP standard.
    5. Mutualphone shall not be held liable for any delay or failure to provide service at any time. In no event shall Mutualphone, its officers, Directors, Employees, Shareholders, Affiliates, Agents or Providers who furnishes services to customer in connection with this agreement or the service be liable for any direct, incident, indirect, special, punitive, exemplary or consequential damages, including but not limited to loss of data, lost of revenue, profits or anticipated profits, or damages arising out of or in connection to the use or inability to use the service. The limitations set forth herein apply to the claimed founded in Breach of Contract, Breach of Warranty, Product Liability, Tort and any and all other liability and apply weather or not Mutualphone was informed of the likelihood of any particular type of damage.
    6. Mutualphone makes no warranties, expressed or implied including but not limited to, any implied warranties of merchantability, fitness of the service for a particular purpose.
    7. No provision of this agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement or cause of action or create any other third party beneficiary rights.
    8. Customer agrees not to cause the damage of Mutualphone, physically, financially or in reputation.
    9. Mutualphone service utilizes, in whole or part the public Internet and/or third party Internet Protocol based networks to transmit data communications.
    10. Mutualphone  reserves the right to change the calling price/rate by posting changes online.
    11. BILLING
      Billing shall be calculate on a per-call basis. Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny(US$0.01). All calls for which we receive answer supervision shall incur a minimum one-minute charge. The system relies on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Where no answer supervision is received, we will commence billing forty (30) seconds following dial time unless the caller has terminated the call. You must notify us in writing of any disputed charges within seven (7) days of the charges or A failure to contest an calls in writing within 7 days of the date of the call shall create an irrefutable presumption of correctness of the invoice, you will have waived your right to dispute the charges. If you have a account, the funds in your account will expire unless you make at least one paid call every 120 days. The system reserves the right to impose a $0.50 per minute surcharge on any use of the The system network to access the calling card services of any other telecommunications provider.
    12. Mutualphone reserves the right to restrict and/or terminate accounts who abuse Calling Party Number (CPN) or Automatic Number Identification (ANI) features.
    13. Rate is subject to change from time time due to the rates change at wholesale market .  we will make the best effort to give our customers the best rate.
    14. A re-stocking fee applies for all custom solutions.
    15. Returns must be approved and contain an RMA number.
    16. Shipping and labor charges are non-refundable.
    17. Mutualphone is not responsible for any damage or loss of time, profit, anticipated profit or money as a result of using products purchased from Mutualphone's, website information, and advise by phone or e-mail.
    18. Mutualphone is not responsible for shipping company's error during transit or the resulting damage or loss of value, time, profit or money.
    19. All payment under this agreement, including any prepayment, shall be immediately available funds; provided, however that all invoices must be paid at the debtor party’s sole risk. Customer shall be responsible for all transaction charges assessed by or on behalf of the bank ,Paypal and others money transfer service. The net amount will be added to customers account..
    20. Users shall bring their own dialer( softphone or device such as X-pro,  Cisco ATA186, Sipura gateways, Grandstream Phone).  Mutualphone doesn't provider dialer.
    21.  Canadian Residents Please add 15% Sales Tax to the rates. for this reason,
    22. Mutualphone does not provide 911, e911, 999 or any emergency service access at this time.
    23. If you don't receive the account in three days, please forward  the Paypal confirmed email to support@mutualpone.com . we don't re-send the account after one week the payment is made. Users are responsible to keep their accounts in a safe place.
    24. User/Password Recovery is availabe in one(1) Week after payment. after one(1) week, User/Password Recovery is unavailable.
    25.  Refund is available in one week after payment.  After one week,  $5 restocking fee will be applied to refund.