GOIDD TERMS AND CONDITIONS AGREEMENT
1. CUSTOMER REPRESENTATION
You as Customer of GoIDD represent and warrant that you are at least 18 years of age or possess the legal right and ability to enter into this Agreement. You represent and warrant that your name, contact information and registered location are true and correct, and if for business use, you are authorized to act on behalf of your company. You understand that GoIDD rely on this information and that providing false or incorrect information may result in service provisioning delays and/or suspension or termination of your Service with us. You also agree to be financially responsible for your use of the GoIDD Service as well as for the use of your account by others.
2. CUSTOMER USAGE
The Service by GoIDD is provided to you solely for residential and home or small business use. For residential users, this means yourself and your immediate family members. For business owners, this means yourself and your limited staff.
You should be aware that GoIDD monitors its Service to its Customers on a daily basis to maintain service quality. Inasmuch, you agree that you shall not resell or transfer the Service to another party without GoIDD’s prior written consent. You are prohibited from using the Service for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), SMS, fax or voicemail broadcasting or, fax or voicemail blasting. GoIDD reserves the right to immediately terminate or modify your Service if determine in our sole and absolute discretion, that your use of the Service is, or at any time was, inconsistent with normal residential, and home or small business usage patterns.
The Services offered are not intended for independent resale or mass distribution by commercial resellers or distributors. Any purchases by distributors and resellers, for the purpose of further resale, must be done through direct contact with GoIDD under a separate agent agreement.
3. GoIDD AS THE INTERCONNECTED VoIP PROVIDER
GoIDD is a service provider providing prepaid interconnected VoIP services and sells to consumers and small businesses as Customers as the GoIDD Services. Service outages of over few hours to a few days are possible with any Interconnected VoIP service provider due to external events not within the control of GoIDD. These could be events such as power outages, traffic fluctuations on the Internet, problems with your underlying ISP or mobile broadband service, routine maintenance or acts of God. GoIDD will in good faith minimize disruptions to your use of and access to our Service.
4. GoIDD SERVICE
SERVICE DEFINITION: GoIDD is designed to provide interconnected long distance VoIP calling and messaging through your personal mobile device connected to an existing mobile service plan or broadband connection provisioned by your third-party ISP provider. The Service is provided through a specialize and proprietary Software from GoIDD that is downloaded through this website or affiliate websites. This Software is a mobile dialer application that allows you to make calls and send SMS directly from your personal GoIDD account to any international destination as detailed in our Service Plans. The term “Service” shall mean GoIDD Service, including Software, and other features provided by GoIDD.
IMPORTANT: The GoIDD Service and its mobile dialers are not meant to be a primary or replacement calling or messaging service. GoIDD dialers do not route calls to emergency agencies or directory assistance. Customers are solely responsible for handling their own emergency and government agency communication services.
VIRTUAL NUMBERS IN SERVICE PLANS: Virtual Numbers are an optional features provided in GoIDD Service Plans. They are assigned to providers like GoIDD by a Registrar, and therefore, the Customer subscribing to Virtual Numbers do not acquire any property interest or permanent right to use any of them. Customer acquires only the right to use Virtual Numbers for an indefinite period of time, under these terms and conditions, and Customer shall not retain any rights to use Virtual Numbers upon termination of this Agreement. GoIDD relies upon its Providers to ensure that the Virtual Numbers are interoperable with as many communications networks as possible. GoIDD strives to ensure this interoperability but does not warrant nor represent that they will be operable with all communications networks.
CALLS TO GoIDD NETWORK USERS IN SERVICE PLAN: Another feature in GoIDD Service Plans is providing free calling between GoIDD network of Customers through 3G data or WiFi. GoIDD reserves the right to charge for access to the GoIDD Network outside its intended usage without prior notice as noted under our Fair Usage Policy.
5. PAYMENTS, SERVICE TERM AND AUTOMATIC RENEWAL
GoIDD accepts credit cards (and other forms of payments) for its services and Service Plans as offered in this website and its mobile dialers. You hereby agree to pay any and all applicable one-time and any recurring charges on your purchase(s) of these Services.
GoIDD offers its Services to you indefinitely and you understand that any subscribed monthly Service Plans are automatically renewed. Therefore, recurring monthly charges for monthly Service Plans will automatically be billed in advance to your credit card on the first day of every billing cycle. Your billing cycle will begin on your subscription date, which is the date you first ordered the Service or the date we successfully process your payment, whichever is later. If your credit card is declined at the time that a charge is attempted, you will not be able to use the Service until your account is paid in full.
Depending on payment method, Services might be charged on a quarterly, half-yearly, or yearly basis.
6. CALL AND SMS RATES, AND CHARGES
All call and SMS rates, billing increments and other charges are detailed and published on GoIDD and partially, through our mobile dialers. These charges may change from time to time and GoIDD reserve the right to make changes due to cost fluctuations of providing the Service to you.
7. GoIDD’S RIGHT TO TERMINATE
GoIDD reserves the right to terminate your account at any time at GoIDD’s sole discretion. In particular, for declined credit cards or any other non-payment of account charges with the understanding, that the Customer remains fully liable to GoIDD for all unpaid charges. GoIDD further reserves the right to terminate any dormant account that has not been used for a period of 12 months or longer. No refunds will be provided for any prepaid balance remaining on an account that is terminated as a result of being dormant.
8. CUSTOMER’S RIGHT TO TERMINATE, AND CREDIT AND REFUND POLICY
GoIDD offers its Service to you contract free which allow you the right to cancel your Service Plan at any time. For monthly Service Plans, this will be on completion of your billing cycle. To cancel your monthly Service Plan, you must notify us by email at least 10 business days in advance of your billing cycle. You are responsible for cancelation of Services and failure to meet this cancelation period will incur a non-refundable charge to your credit card for the following extended month’s Service. At this time, you are also responsible and will be charged for all unbilled use of Services, if any.
All credit that is deposited by you or by GoDD into your account is available for use for the term of 1 year at which time your credit will expire.
GoIDD does not provide pro-rated refunds for paid monthly Service Plans, or refunds on credit on Pay as you Go Plan.
GoIDD reserves the right to pursue collection for unpaid amounts on terminated accounts and may report these unpaid charges to your local credit bureaus.
9. DISCLAIMER OF WARRANTIES OF GoIDD SOFTWARE, SYSTEM AND DOWNLOADS
FOR GOIDD SOFTWARE AND SYSTEM OR DOWNLOAD OF THE ANY VERSION, GOIDD MAKES THE FOLLOWING DISCLAIMERS OF WARRANTIES:
All Software provided by GoIDD is provided “as is”. GoIDD and its affiliates, subsidiaries, parent companies, agents, partners, or employees make no warranty to you or any other person or entity, whether expressed, implied, or statutory, as to the description, quality, title, noninfringment, merchantability, completeness, or fitness for a particular purpose or use as to the Software provided you, or as to any other matter, all such warranties hereby being expressly excluded and disclaimed. You assume total responsibility and risk after download for your use of the Software.
GoIDD and its affiliates, subsidiaries, parent companies, agents, partners, or employees do not warrant that the Software will be free from any virus or other code that is contaminating or destructive by nature and you are responsible for implementing and maintaining sufficient procedures to satisfy your particular requirements for accuracy of data input and output as well as protection from such viruses or other code that may contaminate or destroy your personal computer, your system, mobile device or your data or the computer, system or data of any other whom you give access to your computer, mobile device or system.
GoIDD and its affiliates, subsidiaries, parent companies, agents, partners, or employees do not warrant that the Software will be error free or will operate without packet loss or interruption, nor do we warrant any connection to or any transmission over the internet.
GoIDD and its affiliates, subsidiaries, parent companies, agents, partners, or employees make no expressed or implied representations or warranties, including but not limited to, any warranty or merchantability or fitness for a particular purpose or as the quality of the call by the GoIDD Software, through the GoIDD system or download of either.
10. LIMITATION OF LIABILITY
In no event shall GoIDD, its affiliates, subsidiaries, parent companies, agents, partners, or employees be liable to you or any third party in any respect for any costs or damages arising either directly or indirectly from the use of the GoIDD Software, System and Service including without limitation any actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any loss of revenue, profits, use data, goodwill or business opportunities of any kind or nature whatsoever, arising in any manner from any cause of action or claim relating to the purchase or promotional use of the GoIDD Software, System and Service.
GoIDD reserves the right to pursue collection for unpaid amounts on terminated accounts and may report these unpaid charges to your local credit bureaus.
11. ASSIGNMENT OF RIGHTS AND DUTIES
GoIDD may assign its rights and duties under this Agreement to any party at any time without notice to you.
12. MODIFICATIONS OF THIS AGREEMENT AND LICENSE
Only GoIDD may modify this Agreement, the license granted herein, and the provisions of GoIDD’s Terms and Conditions related to this or any of its products. Any such modification shall be deemed effective immediately upon posting of the modified Agreement on GoIDD’s website. You agree to check our web website periodically to review such modifications. Your continued access or use of the Software shall be deemed your acceptance of the
13. GENERAL PROVISIONS
THE FOLLOWING GENERAL PROVISIONS APPLY TO ALL SERVICES, AND SALES VIA THIS WEBSITE, SOFTWARE, SYSTEM AND ELECTRONIC CONTRACT:
NO WAIVER OF RIGHTS: GoIDD’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. GoIDD reserves all of its rights at law and equity to proceed against anyone who uses its Services illegally or improperly. All determinations by GoIDD under this Agreement and exercise of its rights are made and done in our sole and absolute discretion of GoIDD.
concerning its subject matter. No changes to this Agreement shall be binding upon either you or GoIDD unless otherwise provided for by this Agreement or website terms and conditions.
SEVERABILITY: If any part of this agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
GENERALLY NO WARRANTIES ON SERVICE: GoIDD does not make any warranties of any kind, either express or implied, including without limitation warranties of title or noninfringement, or any implied warranties or merchantability or fitness for a particular purpose with regard to the Software, System or Service, any transaction performed through the services or on the Internet generally, or as to the quality of the call or delivery of messages. GoIDD shall not be liable for any cost or damage arising either directly or indirectly from any such transaction, use of the Software, System or Service. GoIDD does not warrant that the Software, System or Service will be uninterrupted or error-free or will operate without failure, packet loss, degradation or interruption nor does GoIDD warrant any connection to or any transmission over the Internet or that any defects in the services or materials will be corrected. Neither GoIDD nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services or products to customer in connection with the Service, will be liable for unauthorized access to our or your transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, customer’s data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of GoIDD or its service provider’s or vendors’ negligence. Statements and descriptions concerning the Service, if any, by GoIDD or our agents are informational and are not given as a warranty of any kind.
GENERALLY NO EXPRESSED LIMITATION OF LIABILITY: In no event will GoIDD be liable to the Customer for (i) any incidental, consequential, or
indirect damages (including, but not limited to damages for loss of profits, business interruption, loss of programs, data or information, and the like) arising out of the use of or inability to use the website, services or materials, or any transactions provided on the service or downloaded or hyperlinked from the website, even if GoIDD or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through, or hyperlinked from, the website.
INDEMNIFICATION: The Customer agrees to indemnify, defend and hold GoIDD, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the website or Services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from Customer’s use of any Services, including, without limitation, or any violation of this Agreement by Customer. The provisions of this paragraph are for the benefit of GoIDD and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the website or Services. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against Customer on its own behalf.
NO WARRANTIES ON WEB SITE: Hyperlinks or other web pages accessible from the website will enable you to leave GoIDD’s website. The linked websites are not under the control of GoIDD and GoIDD is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. GoIDD is providing these links to you only for promotional purposes or as a convenience. GoIDD and its affiliates do not control or endorse the content of third party websites. All services and materials provided on the GoIDD website are provided “as is”. GoIDD does not guarantee or warrant that the files available for downloading from the website will be free of infection or viruses, worms, trojan horses or other code that contains contaminating or destructive properties. You are responsible and are urged to implement sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any data loss. You assume total responsibility and risk for your use of the Services and the internet.
FORCE MAJEURE: GoIDD shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, act of terrorism, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties as may occur in spite of GoIDD’s best efforts.
SOFTWARE COPYRIGHT: Any Software used by GoIDD or GoIDD to provide the Service and any Software provided to you in conjunction with providing the Service is protected by copyright law and international treaty provisions. You may not copy the Software or any portion of it. This includes the DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA). GoIDD’s website content, materials, services, logs, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Infringement by you may result in civil or criminal prosecution.