iTokk CallBack Button Terms and Conditions

 

1. Payment online only; by credit card via Paypal or Moneris merchant services.

2. Contract term is renewable based on subscription terms of choice and renewable at iSource Communications Corp. current prices at the time of signing.

3. Payment. You agree to make the necessary pre-paid payments to Your CallBack Button account to keep Your Service operational. Connection charges will be deducted from your account balance on a per minute basis in real-time as call activity occurs through Your CallBack Button account. A payment receipt will be sent to your email address each time a payment is made from your credit card to your iTokk Callback Button account. You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. We reserve the right to adjust the payment plans and Connections charges at anytime without prior notice.

You accept the above terms and conditions by clicking on the "I agree" button upon registration on http://www.itokk.com/register.aspx

Service Agreement for Client:

This Agreement ("Agreement") is a contract between You ("you" or "your" means any person or entity using the Service) and ISource Communications Corp. Inc. (Unless otherwise stated, "iSource" "iTokk" "iTokk-CallBack, CallBackButton" "we" or "our" will refer collectively to ISource Communications Corp. Inc. and its subsidiaries) and applies to your use of the Services and any related products available through www.iTokk.com (collectively the "Service"). Your continued use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by ISource Communications Corp. Inc. as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Services.

NO EMERGENCY 911 CALLS: BY ENTERING INTO THIS AGREEMENT YOU ACKNOWLEDGE AND AGREE THAT THE CALLBACK BUTTON SERVICE DOES NOT AND DOES NOT INTEND TO SUPPORT OR CARRY EMERGENCY 911 CALLS.

1. ELIGIBILITY.

The Services are available only to businesses and/or persons who can form legally binding Agreements under applicable laws of USA and Canada. Without limiting the foregoing, the Services are not available to individuals under the age of 18. In the event you avail of the Services for and on behalf of a business entity, you have the requisite authority to accept and execute this Agreement. If You do not qualify, do not attempt to use the Services. You will provide true, accurate, and current information about yourself as requested by the sign up, registration or billing process. We may refuse to offer the Services to any person, corporation or organization and may change the criteria for eligibility, at any time, in its sole discretion. We retain the right to terminate your account and your rights to use the Services if there are reasonable grounds to believe that any data you provide is or becomes untrue, inaccurate, not current or incomplete, or if you are in breach of the terms and conditions of this Agreement. The Service allows calls to valid USA and Canada phone numbers. Calls to and from other countries is enabled with the Service, but different rates will apply, and allowance of any other country to be enabled is subject to iSource's sole discretion.

2. YOUR ACCOUNT.

You are responsible for maintaining the confidentiality of your User Name and password and for restricting access to your account number and password. You agree to accept responsibility and liability for all activities that occur under your account or password whether lawful or unlawful. You are also solely responsible for all uses of your account and password, whether or not actually or expressly authorized by you. We do not sell products or services for children. If you are under 18, you may use our Services only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. Violation of this Agreement may result in immediate deletion of your account. In order to ensure that we are able to provide high quality services that are responsive to your needs, you agree to allow our employees to access your account and records on a case-by-case basis to investigate complaints. We will not disclose the existence or occurrence of such an investigation unless required by law.

3. SERVICE PROVIDER.

iSource Communications Corp. Inc. is only a service provider. We act as a service provider by creating, hosting, maintaining, and providing our services to you via the Internet. We do not have control over your web site, visitor or buyer or seller who is making a call to you over the Internet using the Service.

4. PAYMENT.

In order to maintain an account balance and keep Your Service operational, it is necessary to make pre-paid deposits towards Your account. Depending on your plan, connection charges will be deducted from your deposited account balance on a per minute usage basis in real-time as call activity occurs through Your Service account. A receipt will be sent to your email address each time a payment or deposit is made from your credit card to your account. You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. We reserve the right to adjust the payment plans and rates at anytime without prior notice.

5. RATES.

All itokk service transactions are in USD funds which includes recharge amounts and the depletion of your prepaid account minutes.

You agree to the Pricing for the service as advertised on http://www.itokk.com/product.aspx

Please note that the CallBack button service makes two phone calls (one to the button owner and one to the web visitor) that are both terminated in the public telephone network somewhere in the world and both calls are billed based on their destination

For example if a callback is triggered from country A where that rate is 7 cents/ min and the destination is country B where that rate is 9 cents/min, then the total call cost will be $ 0.07 + $ 0.09 = $ 0.16 per minute. Please refer to http://www.itokk.com/product.aspx for current rates and charges

6. RECHARGE.

You may add funds to your Plan or Plans, called "recharge account", at any time up to the limit as per published in the recharge page http://www.itokk.com/product.aspx. You can recharge an account anytime from the web at www.iTokk.com after your login information is authenticated. There is no limit on the number of times you may 'recharge' to your Plan but the maximum amount that can be loaded onto the Plan or Plans in one day is $500.00. The maximum amount of total calls you can make in a day is $500.00. The minimum amount that can be loaded onto your Plan is as per published recharge options at http://www.itokk.com/product.aspx. The maximum value your Plan may have at any time is $500.00. All money loaded on the Plan(s) must be in US Dollars, and your balance and usage fees will be calculated in US dollars. For purposes of this agreement, you agree that your Plan(s) is issued in US dollars. Each time you 'recharge account' to the Plan, you authorize us to increase the value on the Plan by the amount of the transaction less all other applicable fees.

7. PRIVACY.

Your use of the Services is subject to and is governed by our Privacy Policy located at http://www.itokk.com/html/privacy.htm.

iSource Communications Corp. reserves the right to amend its privacy policy from time to time without notice to You by posting the updated Privacy Policy to its web site.

8. BILLING DISPUTES.

If You have any disputes regarding any charges made throughout the Service, You must notify us in writing within 48 hours of any such charge; failure to so notify us shall result in the waiver by You of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by the system.

9. TERMINATION.

Unless otherwise agreed to in writing by the parties, You may terminate this Agreement, thereby canceling the Service, with or without cause at any time by notifying us in writing to [Alex to put proper email address]. We may at any time terminate the Service by terminating this Agreement, and will likewise, notify You via email of any such termination, which shall be effective immediately. Upon termination or expiration of this Agreement for any reason, You shall remain liable for any amount due for phone calls already delivered through the Service.

10. REFUNDS.

Within 3 days from the purchase date, customer has the choice of a refund if the original purchase still has the full amount of its face value. A USD$10.00 admin processing fee will apply despite of order cancellations or asking of a refund. Account balances are not returnable, refundable or exchangeable if customer already spends part of their itokk talk time.

11. CONFIDENTIALITY.

Each party understands and agrees that the terms and conditions of this Agreement and all non-tariff documents referenced herein are confidential as between You and iSource Communications Corp. and shall not be disclosed by either party to any party other than the respective professional advisors of iSource Communications Corp. and You or as may be required by applicable law.

12. LIABILITY.

iSource Communications Corp. shall not be responsible for any act or omission of You. iSource Communications Corp. shall not be liable for any actual, incidental, consequential or punitive damages resulting, directly or indirectly, from the Services provided hereunder, including but not limited to transmission outages, interruptions and blockages. iSource's maximum aggregate liability to You related to or in connection with this Agreement whether under theory of contract, tort (including negligence), strict liability or otherwise will be limited to the total amount paid by You to iSource Communications Corp. for the equivalent of a month's invoice from any of the subscription plans chosen. You acknowledge liability for any and all charges resultant of intentional or unintentional usage, including but not limited to fraudulent misuse of Service.

13. NO WARRANTY.

YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. ISOURCE COMMUNICATIONS CORP. INC. DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND ISOURCE COMMUNICATIONS CORP., DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, OMISSIONS, COMPLETENESS, TIMELINESS OR DELAYS WITH RESPECT TO THE SERVICE, INFORMATION OR PRODUCTS AND NON-INFRINGEMENT. ISOURCE COMMUNICATIONS CORP. HAS THE RIGHT TO TAKE SOME OR ALL OF THE SERVICES OFFLINE AS NEEDED TO INSURE THE PROPER FUNCTIONING OF THE SYSTEM.

14. NOTWITHSTANDING ANYTHING TO THE CONTRARY, ISOURCE COMMUNICATIONS CORP., AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, AGREEMENTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN AGREEMENT, TORT, OR OTHERWISE, EVEN IF ISOURCE COMMUNICATIONS CORP., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. IN NO EVENT WILL ISOURCE COMMUNICATIONS CORP., BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES, INFORMATION OR PRODUCTS PROVIDED ON THE WEBSITE. IN PARTICULAR, ISOURCE COMMUNICATIONS CORP., WILL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES, ITS WEBSITE OR THE INFORMATION OR DATA CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN AGREEMENT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.

ISOURCE COMMUNICATIONS CORP., ITS AFFILIATES ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE SERVICE, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN AGREEMENT OR TORT, WILL NOT EXCEED ANY AMOUNTS ACTUALLY REALIZED BY ISOURCE COMMUNICATIONS CORP. (LESS ANY PAYMENTS TO YOU) DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING ANY SUCH LIABILITY.

16. NOTICE.

Any notices required or given under this Agreement shall be in writing and sent by First Class mail to addressee's last known address. This notice shall be effective on deposit with Canada Post.

17. RELATIONSHIP OF PARTIES.

This Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties and You do not have any authority of any kind to bind iSource Communications Corp. in any respect whatsoever.

18. WAIVER.

No term or provision of this Agreement shall be deemed waived, and no breach or default shall be deemed excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No consent by any party to, or waiver of, a breach or default by the other, whether express or implied, shall constitute a consent to, waiver of or excuse for, any different or subsequent breach or default.

19. INDEMNITY.

You hereby indemnify, defend and hold harmless iSource Communications Corp., its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our Services, your violation of the this Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Use will inure to the benefit of iSource Communications Corp., its successors, assigns and licensees.

20. OWNERSHIP AND TRADEMARK.

You acknowledge and agree that the Services and iSource Communications Corp., logos and trade names are the property of iSource Communications Corp. or its affiliates or suppliers. You also acknowledge that iSource owns and/or has all requisite rights in and to any software necessary to provide the Services under this Agreement.

All marks that appear throughout the Services are the property of their respective owners. You fully understand and acknowledge that they are not granted any right or license whatsoever to use any of the marks and logos owned by iSource Communications Corp. or of any such other entity, and that all such uses of any of the marks appearing throughout the Services is strictly prohibited without prior written consent of iSource Communications Corp.

You understand that the Services and its website also contain or may contain copyrighted or other proprietary materials of iSource Communications Corp., its sponsors, advertisers or other third parties. You understand and acknowledge that, except as strictly necessary for personal viewing and use of the Services or the website by means of a standard Internet browser (such as Microsoft Internet Explorer and Mozilla Firefox), You are not granted any right or license to use, link to, reproduce, reverse engineer, modify, duplicate, distribute, display or perform any such copyrighted materials used or displayed on this Website or to permit others to do the same, and that all such uses are prohibited without the prior written consent of iSource Communications Corp..

21. FORCE MAJEURE.

iSource Communications Corp. shall not be liable for any failure, interruption and/or diminution of Services in the event that such failure, interruption and/or diminution is the result of any fire, flood, epidemic, earthquake or any other act of explosion, strike or other disputes, riot or civil disturbance, war (whether declared or undeclared), armed conflict, any municipal ordinance, or state or federal law, governmental order or regulation, or order of any Court of competent jurisdiction, or other similar forces not within the control of iSource Communications Corp.

22. PUBLICITY.

You agree that We may use Your name and logo on our website, in customer lists, presentations, and marketing materials.

23. MISCELLANEOUS.

23.1 You will be responsible for all reasonable expenses (including attorneys' fees) incurred by iSource Communications Corp. in collecting unpaid amounts under this Agreement.

23.2 This Agreement is executed and shall be governed by the laws of the Province of Alberta, Canada, excluding its conflict of laws principles.

23.3 This Agreement, together with online Quote(s) and iSource Communications Corp.' policies referred to in this Agreement is the complete agreement and understanding of the parties with respect to the subject matter hereof, and supersedes any other agreement or understanding, written or oral. Both parties agree that iSource Communications Corp. reserves the right to make unilateral modifications to this Agreement with or without notice to You, except as otherwise provided herein.

23.4 Should any provision of this Agreement be declared void or unenforceable, such provision will be deemed amended to achieve as nearly as possible the same economic effect as the original terms and the remainder of this Agreement will remain in full force and effect.

iSource Communications Corp. Confidential