The following are the terms and conditions of the SERVICE AGREEMENT (“the “Agreement” or “Service Agreement”) between CONTIGO EN TU PAIS, a Florida Corporation, and the Customer signing this Agreement (the “Customer”, “you” or “your”).
For the consideration exchanged herein and other good and valuable consideration, receipt of which are acknowledged by the parties, CONTIGO EN TU PAIS and Customer agrees as follows:
Services
CONTIGO EN GUATEMALA services are provided by CONTIGO EN TU PAIS on a pre-paid basis (the “Services”) as set forth below. All prices may be adjusted from time to time and any changes will be posted on the website www.CONTIGOENTUGUATEMALA.COM or www.CONTIGOENTUPAIS.COM (“Website”). When the Customer purchases calling credits or Top Up Service and each time a Customer recharges their phone or any international phone, regardless of the method of payment, the terms and conditions (“Term”) in this Agreement apply:
PRE-PAID CALLS Services
If the Customer chooses to purchase CONTIGO EN TU PAIS Calling Services set forth on CONTIGO EN GUATEMALA’s mobile App, the following terms shall apply:
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I. The Customer may purchase and recharge CONTIGO EN GUATEMALA App or Website, by using a credit or debit card and Apple Pay & Google Pay digital wallets . The Customer may also recharge CONTIGO EN GUATEMALA Calling Credits over the phone through CONTIGO EN TU PAIS’s automated system or by calling CONTIGO EN TU PAIS’s call center by using a credit card.
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II. The Customer may download CONTIGO EN GUATEMALA APP, which will allow Customer to make long-distance calls from any smartphone using WiFi or Data Connection anywhere in the United States or in one of many additional countries listed in the Website.
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III. By using the APP, the Customer requires to authenticate the registration by SMS and may manage his accounts through the App.
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IV. For the Customer’s convenience, CONTIGO EN TU PAIS will save Customer’s credit card information used on purchases for future recharges. The credit card information collected by CONTIGO EN TU PAIS will be encrypted and will not be shared with third parties
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V. There is a minimum purchase price and a minimum recharging price of $10 which is posted on the Website.
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VI. The Customer may sign up for CONTIGO EN GUATEMALA’s auto-recharge service, through which CONTIGO EN TU PAIS may automatically recharge the Customer’s account by charging the Customer’s credit or debit card with an amount pre-set by the Customer every time the Customer’s account reaches a pre-set low threshold amount (“Threshold Amount”) determined by the Customer. In such case, the Customer must provide to CONTIGO EN TU PAIS (a) the balance Threshold Amount that the Customer’s account must reach in order for CONTIGO EN TU PAIS to automatically recharge the Customer’s account, and (b) the amount with which CONTIGO EN TU PAIS must recharge the Customer’s account each time the Customer’s account reaches the Threshold Amount.
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VII. All terms concerning usage of the services posted on the Website, and as may be amended from time to time, are incorporated herein by reference.
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VIII. If your purchased calling credits are not used for six months, an Inactivity Fee of $2 is deducted from your balance each month you do not use the service. Once you resume making calls, the Inactivity Fee is no longer assessed
PRODUCT PURCHASES
All Services and Products purchased after the effective date of this Agreement shall be subject to this Agreement as amended.
Rates and Prices
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I. Prices are exclusive of all sales, use and other taxes and government and regulatory fees. Customer is responsible for any pertinent federal, state, municipal, i1301592_wp10 or government sales, use, excise or other taxes, fees or charges as a result of Customer’s subscription to Service or a relevant later enacted regulation.
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II. CONTIGO EN GUATEMALA reserves the right to change its rates to any country, city or destination, including prices and rates for monthly plans, as well as any minimum usage amounts or additional fees, at any time without prior notice. Any charge shall be posted on the CONTIGO EN TU PAIS Website.
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III. Current rates and prices for the Services, as well as minimum usage amounts and additional fees, are available to the Customer on the Website.
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IV. Prices and rates show in the Website do not include applicable taxes or government fees, As a telecommunications provider, CONTIGO EN TU PAIS is obligated to charge the Federal Excise Tax to each service billed to the Customer, as well as the Sales Tax to Florida residents.
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V. All convenience fees for Top Up Services are non-refundable.
Lawful Use/Prohibited Uses/Software:
Customer agrees to use the Service only for lawful purposes. Customer shall not resell or transfer the Service, including without limitation i1301592_wp10 and toll-free numbers, to another without the prior written consent of CONTIGO EN TU PAIS. Customer, any person under Customer’s employ, or any person that has access to Customer’s Service may not use the Service for communications or transmissions that may or would constitute a criminal or civil offense, or that would or may otherwise violate any i1301592_wp10, state, regional, federal or international law or regulation or otherwise violate CONTIGO EN TU PAIS’S or any third party’s rights, including rights to privacy. Customer is further prohibited from using the Service or products used in connection with the Service for 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, Bulk Messaging” or “Spamming” or transmission of any unwanted or unsolicited email. CONTIGO EN TU PAIS reserves the right to immediately terminate or modify Customer’s Service if CONTIGO EN TU PAIS determines, in its sole and absolute discretion that Customer has used at any time the Service or products used in connection with the Service for any of the aforementioned or similar activities. In addition, residential users will be required to pay higher rates for commercial service for all periods in which Customer’s use of the Service or the Devices used in connection with the Service was inconsistent with normal residential use
Customer shall not use the Services and any products used in connection with the Service in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy rights, or any other wrongful conduct
Use of CONTIGO EN GUATEMALA connection in violation of any of the above mentioned manners may result in cancellation, suspension or termination of service, at the discretion of CONTIGO EN TU PAIS.
CONTIGO GUATEMALA reserves the right to terminate or suspend Customer’s Service without notice if CONTIGO EN TU PAIS believes that Customer is utilizing the Service in a wrongful or unlawful manner. In the event of any wrongful or unlawful use of the Service, Customer will be responsible for all damages incurred by CONTIGO EN TU PAIS. In the event of Service termination (due to wrongful or unlawful use) all current charges and amounts owed to CONTIGO EN TU PAIS under this Agreement are due and payable immediately and may be charged to Customer’s credit card and/or account. CONTIGO EN TU PAIS may forward any information with respect to the unlawful or wrongful use of the Service to the appropriate authorities
Customer acknowledges that the Service provided by CONTIGO EN GUATEMALA is different than standard telephone service. This may limit or otherwise affect Customer’s rights before Federal, State or Local telecommunications regulatory agencies
Customer shall notify CONTIGO EN TU PAIS immediately if Customer becomes aware of wrongful or unauthorized use of the Service. Customer must provide CONTIGO EN TU PAIS with written notice of the wrongful or unauthorized use of Service. Failure to immediately notify CONTIGO EN TU PAIS of the wrongful or unauthorized use of the Service may result in the termination of Customer’s Service. CONTIGO EN TU PAIS may charge additional charges for the wrongful or unauthorized use of the Service
CONTIGO EN TU PAIS may determine at its discretion the level of usage that warrants measures of fraud or other wrongful conduct protection such as suspending long distance communication. In this regard, if a customer reached the limit of usage established on the account which may warrant fraud or wrongful conduct protective measures, Customer might have to wait until the next billing period or make a payment in order to reestablish the outgoing long distance communication
CONTIGO EN TU PAIS may immediately terminate the Services for any unlawful, wrongful, or fraudulent conduct by the Customer or any third parties
No ownership right is granted to the software provided to Customer by CONTIGO EN TU PAIS hereunder. No rights are granted for Customer to replicate, produce, copy or alter software. No right is granted for Customer to use, distribute, rent, lease, lend, supply or market the software, except as expressly provided under this agreement. Customer may not decompile, disassemble or reverse the software.
Ownership Rights.
All copyrights, websites, corporate names, service marks, trademarks, trade names, logos, marketing materials, domain names, software and all other intellectual property and goodwill associated therewith originating with CONTIGO EN TU PAIS, CONTIGO EN TU PAIS, CONTIGO EN TU PAIS Inc., a Florida corporation, or provided by CONTIGO EN TU PAIS or CONTIGO EN TU PAIS Inc. to Customer belong to CONTIGO EN TU PAIS and/or its licensors and are the exclusive property of CONTIGO EN TU PAIS, CONTIGO EN TU PAIS Inc., and/or its licensors. Customer does not have a right or license to use any of such properties belonging to CONTIGO EN TU PAIS, CONTIGO EN TU PAIS Inc., and/or its licensors. Customer represents that Customer possesses all required rights and licenses, including, but not limited to, all required software, hardware and/or equipment licenses, to use any device in conjunction with CONTIGO EN TU PAIS’S Service. Customer shall not reverse compile, disassemble, or reverse engineer or otherwise attempt to derive or obtain any codes, including source codes, in connection with the Services or Device used.
Usage charges will be billed in increments that are rounded up to the nearest minute
Customer acknowledges that Customer must notify CONTIGO EN TU PAIS in writing within thirty (30) days after receiving Customer’s balance statement if Customer disputes any charges on that statement. Failure to comply with the notice requirement will result in the waiver of Customer’s right to dispute the charges
Contact Information
A. The 6-digit Code and US phone number chosen by the Customer is the only way that CONTIGO EN GUATEMALA has to identify and confirm the identity of the Customer each time he makes a call or manages his account on the App. It is the Customer’s responsibility to keep the 6-Digit Code and Phone chosen by him for the use of the Service private and confidential and CONTIGO EN TU PAIS is not responsible for any misuse or fraudulent use of the Customer’s code and phone by anyone, or for any unauthorized, wrongful, or fraudulent use by the Customer or any third parties of the Services and credit card information provided by CONTIGO EN TU PAIS.
B. CONTIGO EN TU PAIS is not responsible for any misuse of the Customer’s 6-Digit code and Phone, or for any calls made using the Customer’s information not recognized or authorized by the Customer.
C. The Customer shall provide CONTIGO EN TU PAIS with a valid address and contact information, including telephone numbers and e-mail, for contacting and verification purposes. However, CONTIGO EN TU PAIS shall be under no obligation to verify or confirm the Customer’s identity for any calls made and/or any changes in the Customer’s account made using the Customer’s pin and password through the Website.
Payment Form.
A. Payments made to CONTIGO EN TU PAIS must be in the form of a valid credit card (Visa, MasterCard, Discover, and American Express) with a valid billing, contact, address. CONTIGO EN TU PAIS is not responsible and shall not be liable for verifying credit or debit card information provided by the Customer which is not valid and/or which does not belong to the Customer. In the event that the credit or debit card provided by the Customer to CONTIGO EN TU PAIS expires, or for any other reason becomes invalid, the Customer shall immediately replace said credit or debit card with a valid one and provide CONTIGO EN TU PAIS with a valid billing, contact, address, and other information for such new card.
B. The Customer authorizes CONTIGO EN TU PAIS to charge the following to the credit card or debit card provided by Customer to CONTIGO EN TU PAIS with:
C. If the Customer signs up for CONTIGO EN GUATEMALA’s auto-recharge service as provided in Section 1(i), the Customer authorizes CONTIGO EN TU PAIS to charge the Customer’s credit or debit card with the amount pre-set by the Customer and provided to CONTIGO EN TU PAIS each time the Customer’s account reached the low balance Threshold Amount determined by the Customer and provided to CONTIGO EN TU PAIS.
D. CONTIGO EN TU PAIS may discontinue acceptance of credit cards from one or more issuers at any time. Customer agrees to notify CONTIGO EN TU PAIS in writing immediately if the credit card expires, the credit card account is closed, the Customer’s billing address changes, or the card is cancelled or replaced. CONTIGO EN TU PAIS will bill all charges, fees and applicable taxes and interest to Customer’s credit card, unless specified otherwise by Customer in writing.
7. Termination or Suspension of Service.
notice if Customer makes any assignments of assets or business for the benefit of creditors, or a trustee or receiver is appointed to conduct its business or affairs. In addition, CONTIGO EN TU PAIS may immediately suspend any Service and/or terminate any Service and/or this Agreement in the event that Customer fails to pay any amounts due to CONTIGO EN TU PAIS or Customer violates any of its confidentiality obligations as set forth herein or violates the rights of CONTIGO EN TU PAIS or others or any law or regulation. If any Service is suspended or the Agreement terminated due to non-payment, Customer shall pay to CONTIGO EN TU PAIS all fees and costs incurred by CONTIGO EN TU PAIS in collecting such amounts, including, but not limited to, collection costs and attorney’s fees and costs. In addition, in the event CONTIGO EN TU PAIS terminates any Service and/or this Agreement pursuant to this paragraph, Customer shall pay CONTIGO EN TU PAIS within five (5) business days of termination all amounts owed to CONTIGO EN TU PAIS for the balance of the Term or respective term. In the event CONTIGO EN TU PAIS suspends or terminates a Service or this Agreement pursuant to this paragraph, Customer shall also pay CONTIGO EN TU PAIS all third party charges paid or incurred by CONTIGO EN TU PAIS as a result of the termination or suspension and arising out of this Agreement. Customer shall also pay for all fees and costs incurred by CONTIGO EN TU PAIS in collecting the foregoing amounts, including, but not limited to, collection costs and attorney’s fees and costs. These remedies are in addition to all other remedies CONTIGO EN TU PAIS is entitled to under this Agreement or applicable law.
B. In the event of termination of this Agreement by Customer, Customer shall pay CONTIGO EN TU PAIS within five (5) business days all amounts owed to CONTIGO EN TU PAIS for the balance of the Term or respective term and all amounts paid or owed to third parties by CONTIGO EN TU PAIS. Customer shall also pay CONTIGO EN TU PAIS for all fees and costs incurred by CONTIGO EN TU PAIS in collecting such amounts, including, but not limited to, collection costs and attorney’s fees and costs. These remedies are in addition to all other remedies CONTIGO EN TU PAIS is entitled to under this Agreement or applicable law.
C. Customer acknowledges and understands that Service suspension or termination under this Agreement will prevent Customer from using the Services and CONTIGO EN TU PAIS is not responsible for any claim or damages as a result of this non-accessibility.
D. At any time, Customer may request from CONTIGO EN TU PAIS specific third party charges or fees CONTIGO EN TU PAIS has paid or may be responsible for in the event of termination of this Agreement. Third party charges incurred by CONTIGO EN TU PAIS may change from time to time pursuant to CONTIGO EN TU PAIS’s agreement with the third party provider(s).
8. Service Disclaimer.
A. Services Not Provided. CONTIGO EN TU PAIS’S Service does not provide for 0+ calling (including without limitation collect, third party billing, 900 or calling card calling). CONTIGO EN TU PAIS’S Service does not support 311, 511, 411, 911 or other x11. CONTIGO EN TU PAIS does not list phone numbers for Customers in phone directories. Accordingly, the phone numbers Customers obtain from CONTIGO EN TU PAIS may not be listed in any phone directories. In addition, in certain countries, toll-free numbers are not accessible from mobile phones and payphones or may require payment before accessing.
B. Customer acknowledges and agrees that CONTIGO EN TU PAIS is not responsible for ensuring the availability of an international number Customer is adding to its CONTIGO EN TU PAIS line or Service (referred to and may be sold by CONTIGO EN TU PAIS as an “International VirtualNumber”) because the international number may be provided by a third party which CONTIGO EN TU PAIS does not control accordingly, the International VirtualNumber may be cancelled, ported or eliminated by the third party provider and, therefore, it may be necessary for Customer to change the international number. Once the service is cancelled by Customer, the International VirtualNumber may be reassigned to another. CONTIGO EN TU PAIS is not responsible for ensuring that said International VirtualNumber can be ported to another service provided anywhere.
9. CONTIGO EN TU PAIS does not provide any warranty of suitability, fitness for a particular purpose or merchantability or any other express or implied warranty concerning the Services and expressly disclaims any warranty. CONTIGO EN TU PAIS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED.
10. Warranty/No Warranty. CONTIGO EN TU PAIS warrants that its Services will be performed in a professional manner that accords with industry standards. CONTIGO EN TU PAIS’S sole obligation with respect to this warranty shall be to attempt to correct any failure on the part of CONTIGO EN TU PAIS to perform the Services in a competent manner in accord with industry standards within thirty (30) days after receipt by CONTIGO EN TU PAIS of written notice specifically identifying the Services which were purportedly not performed in accordance with industry standards. The existence of errors or defects in CONTIGO EN TU PAIS’S Services shall not be a basis for finding that CONTIGO EN TU PAIS’S Services have not been performed in the manner warranted above. CUSTOMER ACKNOLWEDGES THAT CONTIGO EN TU PAIS HAS MADE NO EXPRESS OR IMPLIED WARRANTIES RELATING TO MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES CONTEMPLATED BY THIS AGREEMENT OR SOFTWARE, HARDWARE AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES. Customer acknowledges that all services are provided as is. CONTIGO EN TU PAIS does not warrant against interrupted operations of Service. CONTIGO EN TU PAIS specifically disclaims any liability for actual, consequential or indirect damages suffered by Customer as a result of the operation or malfunction of the Service, or delay in implementation, reconfiguration, or repair of the Service, including for matters that are outside the control of CONTIGO EN TU PAIS.
11. Disclaimer of Warranty. EXCEPT FOR THE ABOVE EXPRESS WARRANTY SET FORTH IN SECTION 10, THERE ARE NO OTHER WARRANTIES, INCLUDING EXPRESS, IMPLIED OR STATUTORY WARRANTIES, REGARDING THE SERVICES AND PRODUCTS, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTIBILITY, SUITABILITY, USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. CONTIGO EN TU PAIS DOES NOT WARRANT THAT ANY SERVICE OR PRODUCT PROVIDED WILL OPERATE UNINTERRUPTED OR ERROR FREE. CONTIGO EN TU PAIS DOES NOT WARRANT THAT THE PRODUCTS WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, OR LOSS OF DATA OR INFORMATION. No representation or other affirmation of fact, including but not limited to, statements regarding capacity, suitability for use or performance of the Services, whether made by CONTIGO EN TU PAIS’S employees or otherwise, that is not contained in this Agreement, shall be deemed to be a warranty by CONTIGO EN TU PAIS for any purpose, or give rise to any liability of CONTIGO EN TU PAIS whatsoever.
12. Limitation of Damages/Damages. CONTIGO EN TU PAIS SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE OR INTERRUPTION OF BUSINESS) OR PUNITIVE DAMAGES ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ARISING FROM INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL OR TO OBTAIN EMERGENCY HELP, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO THE DAMAGES WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF CONTIGO EN TU PAIS IS NOTIFIED OF THE POSSIBILITY OF THE DAMAGES OR THAT THE DAMAGES ARE FORESEEABLE
CONTIGO EN TU PAIS shall not be liable for any delay or failure to perform under this Agreement due to conditions or circumstances beyond its control, including without limitation, Acts of God, floods, fires, riots or sabotage, wars, accidents, strikes, terrorism, freight embargoes, delay in transportation or inability to secure transportation, shortage of labor, material or equipment and/or an act in compliance with any government law or regulation
CONTIGO EN TU PAIS shall not be liable for any measure of action taken to prevent potential or actual fraud or other wrongful conduct.
CONTIGO EN TU PAIS’S total aggregate liability and Customer’s exclusive remedy for any claim in connection with this Agreement shall not be greater than the amount paid for Services by Customer for the one (1) year beginning on the date of execution of this Agreement, as an agreed upon limitation of damages and not as a penalty
In no event shall CONTIGO EN TU PAIS be liable to Customer or third parties for any damages, including without limitation lost or anticipated profits, direct, indirect, incidental, exemplary, punitive, special, reliance or consequential damages, nor shall CONTIGO EN TU PAIS be liable for any equipment or product defect, malfunction or deficiency, an outage, alteration, change, suspension or termination of internet service or broadband service to Customer or any damages caused to Customer arising out of (1) Customer’s or any person or individual’s use of equipment or products not provided by CONTIGO EN TU PAIS without CONTIGO EN TU PAIS’S prior written approval, (2) any reconfiguration of equipment or products without CONTIGO EN TU PAIS’S prior written approval or (3) any violation of any Customer employee, contractor, or staff’s rights or any third party rights, including without limitation rights to privacy as well as damages arising from wrongful “hacking” or access of Customer’s account. In addition, CONTIGO EN TU PAIS shall not be responsible or liable in any manner for any delay, failure to perform or damage to Customer arising out of products, equipment or services provided by Customer or third parties, any acts or omissions of Customer or third parties, or any Services provided by CONTIGO EN TU PAIS to Customer in connection with a problem arising out of Customer’s network malfunction or deficiency or products or services provided by Customer or third parties.
13. Defend/Indemnify/Hold Harmless: Customer agrees to defend, indemnify and hold CONTIGO EN TU PAIS, its officers, directors, owners, employees, affiliated entities, subsidiaries, related entities, agents and representatives harmless from all claims, demands, judgments, liabilities and damages, including punitive damages, in connection to, arising from or relating to (1) any equipment or product defect, deficiency or malfunction whether or not said products or equipment were provided by CONTIGO EN TU PAIS, Customer or third parties and any claims concerning 911 by any person or entity, (2) any acts or omissions of Customer or third parties, including without limitation those acts or omissions which violate third party rights (3) any Service provided by CONTIGO EN TU PAIS to Customer in connection with a problem arising out of Customer’s network malfunction or deficiency or products or services provided by Customer or third parties, (4) any breach by Customer of any obligations under this Agreement, (5) any measures or actions taken by CONTIGO EN TU PAIS to address potential or actual fraud or other wrongful conduct, and (6) any illegal, wrongful or unauthorized conduct by Customer, including without limitation any illegal, wrongful or unauthorized use of Services and equipment or products, including without limitation software used in connection with the Services, the recording of communications, and equipment or products reconfigured, not compatible, or not approved by CONTIGO EN TU PAIS in writing.
14. Limitation on Actions. Neither CONTIGO EN TU PAIS nor Customer may institute any action in any form arising out of this Agreement more than eighteen (18) months after the cause of action has arisen, or in the case of nonpayment, more than eighteen (18) months from the date of last payment or promise to pay.
15. Notice: Any notice required to be given pursuant to this Agreement shall be in writing and mailed by certified or registered mail, return receipt requested, or delivered by a national overnight express service, as follows: If to Customer, to the address provided by Customer under Customer’s signature below. If to CONTIGO EN TU PAIS, Attn: CFO, 2051 NW 112 Ave. Suite 114, Miami, Florida 33172. A party may change the designated address to receive notice by written notice to the other party.
16. Jurisdiction and Venue: This Agreement shall be exclusively construed, governed and enforced under the laws of Florida without regard to rules governing conflict of laws. The parties agree that the exclusive venue for all actions, relating in any manner to this Agreement, shall only be in a state court of competent jurisdiction located in Miami-Dade County, Florida. Each party consents and submits to the personal jurisdiction of such courts and irrevocably waives any and all defenses inconsistent with this Section. If CONTIGO EN TU PAIS or Customer deems it necessary to enforce its rights in a court of law, the parties hereby agree that the prevailing party in said litigation, including all appellate levels and proceedings, shall be entitled to recovery of its attorney’s fees and costs.
17. Agreement Binding on Others. This Agreement shall be binding on and shall inure to the benefit of the users of Services provided hereto and the parties hereto, and their heirs, administrators, successors, and permitted assigns. This Agreement does not provide any person or entity not a party to this Agreement with any remedy, claim or cause of action or creates any other third party beneficiary rights.
18. Compliance with the Law. The parties shall comply with all applicable laws and regulations of governmental bodies or agencies in their performance under this Agreement and failure to do so shall constitute a material breach of this Agreement.
19. Assignability. Customer acknowledges that Customer cannot assign the Service Agreement without the prior written consent of CONTIGO EN TU PAIS and that it is unlawful to sell the Service, transfer the Service, assign the Service or charge any other person, party or entity for the use of the Service without prior written consent from CONTIGO EN TU PAIS. This Agreement and the rights and obligations may be assigned by CONTIGO EN TU PAIS.
20. Survival. Sections 2 (as to the requirement to not sell, lease, rent or assign the connection or any parts of the connection to any party not named in this Agreement) through 24 and the obligations of the parties thereunder shall survive termination or expiration of this Agreement to the extent permitted or allowed therein.
21. Modification/Amendment. CONTIGO EN TU PAIS may, from time to time, amend or modify the terms and/or conditions of this Agreement, any exhibits and/or the terms and/or conditions posted on CONTIGO EN TU PAIS’S Website, including at www.CONTIGO EN TU PAIS.net/legal. Amendments and modifications to this Agreement will be considered given and effective on the date posted on CONTIGO EN TU PAIS’S Website, or by written notice to Customer. It is Customer’s obligation to ensure that it regularly accesses CONTIGO EN TU PAIS’S Website and reviews all modifications and amendments. In the event of a conflict between this Agreement and the Website or any exhibit, the Website or exhibit shall control. Further, in the event that a conflict exists between the Website and an exhibit, the exhibit shall control.
22. Severability. In the event that any of the provisions of this Agreement or the application of any such provisions to the parties hereto with respect to their obligations hereunder are held by a court of competent jurisdiction to be unlawful or unenforceable, the provision and its application shall be construed to allow for its enforceability to the maximum extent permitted by law and the remaining provisions of this Agreement shall remain in full force and effect, and shall not be affected, impaired, or invalidated in any manner.
23. Internet/Third Party Networks. CONTIGO EN TU PAIS uses, in whole or in part, the public internet and third party networks to transmit voice and other communications. CONTIGO EN TU PAIS is not liable or responsible for any lack of privacy which may be experienced by Customer in connection with the Service.
24. Entire Agreement/Authorized Representative/Miscellaneous. The Customer acknowledges and agrees to be subject to all restriction, terms, and conditions set forth on the Website and said terms, restrictions, and conditions are incorporated herein by reference. Any right or provision in this Agreement shall not be waived unless waived in writing by CONTIGO EN TU PAIS. This Agreement and all exhibits hereto and the terms and conditions on Website, contain the entire and only understanding between the parties and supersedes all prior representations, promises, or agreements, either written or oral, relating to the subject matter hereof. Any reference in this Agreement to the Website shall be limited to that Website content specifically applicable to the Services purchased pursuant to this Agreement. Customer represents that the Customer has read and understood the terms and conditions set forth in this Agreement including its exhibits and the Website and has had opportunity to review same with counsel of Customer’s choice. Headers are used for convenience purposes only and do not form part of the Agreement (including exhibits and Website). Unless specified otherwise, periods of time shall be calculated in calendar days. In the event the last day of a period of time falls on a weekend or national holiday, the last day of said period of time shall be the immediately next business day. The individual signing below on behalf of the Customer acknowledges that said individual has the proper authorization from the Customer to enter into this Agreement on behalf of the Customer
Notices Any notice from CONTIGO EN TU PAIS to you under this Agreement will be provided by one or more of the following: posting on this website, a recorded announcement on a Product, postcard, letter, or a call to a telephone number provided by you. You may contact us either by phone or by mail to: CONTIGO EN TU PAIS 2051 NW 112th Avenue Suite 114 Miami, FL 33172.
Validit
If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable
Governing La
This Agreement will be governed by the law of the State of Florida, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use, purchase or pay for the Products. Entire Agreement This Agreement (which incorporates by reference the Website Terms of Use) constitutes the entire agreement between you and CONTIGO EN TU PAIS and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral.
This Agreement can be amended only as provided in the Changes to the Agreement section below. No written or oral statement, advertisement, or service or product description not expressly contained in the Agreement or the Website will be allowed to contradict, explain, or supplement this Agreement or the Service
Neither you nor CONTIGO EN TU PAIS is relying on any representations or statements by the other party or any other person that is not included in this Agreement. Changes to the Agreement This Agreement may only be changed in the manner provided for in this section
International Top-up Terms & Condition
These conditions are subject to change at any time in the sole discretion of service provide
We are responsible for collecting all payments for orders you have placed on this website. Payment is authorized at the time the order is placed by you, and the payment will be taken from the bank account registered in your account. The rates for mobile recharges are submitted to change without any prior notice
A processing fee of minimum $1 will apply to each transaction. We reserve the right to change our rates, fees or payment options at any time without notifying you in advance
This product is purely designed for residential usage. We will terminate the service agreement if otherwise suspected. This Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated. We may terminate the Agreement at any time. We reserve the right to process or cancel any transactions in progress on termination of this Agreement or on suspension or withdrawal of the Service
CONTIGO EN TU PAIS is not responsible and will not offer any refunds for any loss you may incur in case of mistyping the recipient’s phone number, choosing the incorrect operator or entering incorrect information It may take up to 24 hours for the mobile operator to update the credit to the prepaid number you selected If VAT, sales tax or any other duty or taxes are imposed on the services we provide, you must pay us, in addition to any announced rate, an additional amount for the taxes added to our services Some operators may apply VAT and taxes that will be deducted from the mobile recharge amount based on the i1301592_wp10 rules of destination network Once the recharge is accepted by the operator whose contact information is available on the invoice, the operator becomes responsible for completing the recharge.
Other Products and Services
From time to time CONTIGO EN TU PAIS.net may make available on the Website products and services from other providers, including domestic mobile top-up and international mobile top-up. Third party companies and operators in various countries that are not affiliated with provide the Additional Products, as well as the telecommunication and other services underlying the Additional Products.CONTIGO EN TU PAIS.net merely distributes the Additional Products.