Smartkalls Terms Of Service
The most necessary information when using Smartkalls:
Smartkalls. located in
, is the name of the company that provides Smartkalls Services.
When using any of the Smartkalls Services, please remember that the most updated
version of these terms of services as available at Smartkalls.com/termsOfService.html,
always applies. In some countries, these services may be provided by our local partner.
If so, you will be asked to accept the provider’s own terms of services, which will
supersede the Smartkalls Terms of Service in case of conflict.
If prohibited by the law of your country to use our products because you’re under
the age limit or just because our products are nor allowed in your country, please
don’t use them.
Before using any of the Smartkalls products, please make sure you have read and
agreed to the
Expectation from Smartkalls
What should be or should not be expected from Smartkalls while using it. Smartkalls
will have no liability whatsoever for any of the following:
Quality: Smartkalls will try best to provide
the Smartkalls products as less disruption as possible. However expectation to provide
services without disruptions, delay or other imperfections at every time is not
guaranteed. Smartkalls products will be transmitted through public Internet lines
and the public switched telephone network ("PSTN"), there may be power outages or
Internet service disruption and you may experience some disruptions in the Smartkalls
products, e.g. packet loss and delay which will interfere with the quality of your
Improvement and maintenance of technology:
Technical features can be changed in order to keep pace with the latest demands
and technological developments or to comply with any regulations. Smartkalls may
also have to repair, improve, and/or upgrade the Smartkalls products and this may
require us to restrict, limit, suspend, interfere and/or interrupt the Smartkalls
Communications content: Smartkalls does not
control, or have any knowledge of the content of any communication(s) spread by
the use of the Smartkalls products. The content of the communication is entirely
the responsibility of the person from whom such content originated. You, therefore,
may be exposed to content that is offensive, illegal, harmful to minors, indecent
or otherwise objectionable.
Expectation for user
You will be required to provide Smartkalls in good time with any
data or information necessary for a proper provision of the Smartkalls
It is agreed the Smartkalls services shall not be resold to any third party.
It is agreed that user will indemnify Smartkalls and its affiliates against any
third-party claims incurred by Smartkalls arising out of or relating to your violation
of these Terms of Service, applicable law or rights of any third parties related
to the use of our products.
Credit balance: To use payable Smartkalls
products you need a positive and sufficient credit balance. Deposit sufficient credit
in your account through your debit or credit card, PayPal, promotional voucher,
prepaid card or other means which may be made available by Smartkalls. All rights
to stop accepting debit or credit cards from one or more issuers have been reserved
Restrictions. There is not guarantee to use credit balance to purchase all Smartkalls
products. Certain Smartkalls products may have to be paid separately.
Credit expiration: A credit balance for Smartkalls
Credit expires 180 days after the last chargeable use of that Smartkalls Credit.
Credit balances that are not used within this 180 day period will be lost.
Refund policy: No refunds shall be given
for any of the Smartkalls services. Once an account is purchased the customer is responsible to use it.
Smartkalls reserves the right to deny repetitive refund requests (more than twice
for any given type of Smartkalls products).
Upon a duly submitted refund request, Smartkalls will refund you the credit balance
of your Smartkalls Credit. Where you have used less than one unit of prevail currency
of your Smartkalls Credit, your Smartkalls Credit will be refunded in full.
Upon a duly submitted refund request, Smartkalls will refund you on a pro rata basis
for the unused period of subscription of the Smartkalls products. All refunds shall
be paid either through the original payment method used, or any other reasonable
payment method to be determined by Smartkalls, and addressed to the person that
deposited the credit initially or your Smartkalls Credit shall be adjusted accordingly.
Smartkalls will refund your credit balance in the event you terminate your account(s)
as permitted under this agreement or in the event that Smartkalls terminates this
agreement without serious cause.
Any abuse by you of the terms relating to refunds hereunder shall lead to the termination
of this agreement.
Smartkalls shall be paid by user any applicable tariffs as stated on the website
in connection with your purchase of respective products,. Applicable Tariffs for
Smartkalls are available at www.smartkalls.com/rates.aspx.
You will be able to pay with your Smartkalls credits balance or with any other payment
Tarrif Change: Smartkalls reserves the right
change the tariffs at any time without any notice of such change on the website
If you do not wish to accept such adjustment of tariffs, you may ask for a refund
of your Smartkalls credits. The new tariff will apply to your next purchase after
the adjustments have been published on the website. You agree that by continuing
to purchase Smartkalls products following the adjustments of the tariffs, you accept
the new tariffs.
Tax: SmartKalls ., is registered in
HST and PST will be charged from
residents as per ongoing laws. Local taxes may apply in certain countries. When
you purchase a voucher depending on the country, local VAT or other taxes may apply
and may be deducted from the value of the voucher upon redemption.
Limitation of liability: In the event of
Smartkalls being in breach of any of its obligations towards you under these Terms
of Service, Smartkalls will accept liability to pay damages only to the extent laid
Smartkalls can only be held liable for direct damages resulting from an attributable
failure to perform its obligations under these Terms of Service. Direct damages
in this respect exclusively mean all reasonable costs incurred by you in order to
(i) have Smartkalls perform its obligations under the Terms of Service or (ii) to
prevent or limit such costs. To the maximum extent permitted by applicable law,
Smartkalls shall not be liable for any indirect, special, incidental or consequential
damages whatsoever (including but not limited to, damages for loss of profits or
confidential or other information, for business interruption, for loss of privacy
arising out of or in any way related to the use of or inability to use the Smartkalls
products, even if Smartkalls has been advised of the possibility of such damages.
The direct damages as meant in this article shall be limited to the amount actually
paid by you for the Smartkalls services durin the year in which such damages occur.
In no event, however, shall the total compensation for any direct damages exceed
Specific Disclaimer of Liability for Emergency Services:
Smartkalls products do not and are not intended to support or carry emergency calls
to any type of hospitals, law enforcement agencies, medical care unit or any type
of emergency services of any kind. Neither Smartkalls nor its officers or employees
may be held liable for any claim, damage, or loss, and you hereby waive, to the
maximum extent permitted by applicable law, any and all such claims or causes of
action, arising from or relating to the use of Smartkalls products or any other
service provided hereunder to contact emergency services personnel. You shall defend,
indemnify, and hold harmless Smartkalls, Smartkalls staff, affiliates and agents
and any other service provider who furnishes any services to you in connection with
the Smartkalls products or any other services provided under these Terms of Service,
from any and all claims, loss damages, fines, penalties, costs and expenses (including,
without limitation, attorneys fees) arising from your failure to inform anyone using
your account or control panel that Smartkalls does not support emergency calls.
Jurisdiction’s Limitations: As some jurisdictions
do not allow some of the exclusions or limitations as established above, some of
these exclusions or limitations may not apply to you. In that event the liability
will be limited as far as legally possible under the applicable legislation.
Force Majeure: You acknowledge and understand
that if the Smartkalls products do not function as a result of a force majeure event
Smartkalls will not be in breach of any of its obligations towards you under these
Terms of Service. A force majeure event means any event beyond the control of Smartkalls.
In the event Smartkalls is affected by a force majeure event, it shall promptly
notify you of the estimated extent and duration of its inability to perform or delay
in performing its obligations, on a reasonable efforts basis. Smartkalls will not
accept any liability for the consequences arising out of a force majeure event.
Duration: The agreement will be effective
as of the date of your acceptance thereof or as of the date of your first use of
any of Smartkalls products, and will remain effective until terminated by either
Termination: You may terminate your agreement
with us at any time. Without limiting other remedies, Smartkalls or its affiliates
may limit, suspend, or terminate your use of Smartkalls products and software, prohibit
access to Smartkalls website, remove hosted content, and take technical and legal
steps to keep you off Smartkalls website if we think that you are in breach of these
Terms of Service, creating problems, possible legal liabilities, acting inconsistently
with the letter or spirit of our policies, infringing someone else’s intellectual
property rights, engaging in fraudulent, immoral or illegal activities, if you purchased
Smartkalls credit from an unauthorized reseller, or for other similar reasons, with
immediate effect and without recourse to the courts. Smartkalls shall effect such
termination by preventing your access to your account and to the Smartkalls services
. If you provided a valid email address, Smartkalls may provide notice to you by
All provisions which must survive in order to give effect to their meaning shall
survive any expiration or termination of the agreement, including without limitation,
all of your representations, warranties and indemnification obligations.
Update: Smartkalls reserves the right to
modify these Terms of Service at any time by publishing the revised Terms of Service
on the Website, which shall become effective within thirty (30) days from the date
of publication, unless you expressly accept the revised Terms of Service earlier
by clicking on the accept button. Your continued use of the Smartkalls products
after expiry of the 30-day period shall constitute your acceptance to be bound by
the terms and conditions of the revised version of the Terms of Service. If you
do not wish to accept these revised Terms of Service, you are entitled to terminate
your account, in writing or by e-mail to email@example.com,
with effect from the date on which the revised Terms of Service would become effective.
You can find the latest version of these Terms of Service
Entire Agreement: These Terms of Service
together with the End User License Agreement constitute the entire agreement between
you and Smartkalls with respect to the subject matter of this agreement, and will
supersede and replace all prior understandings and agreements, in whatever form,
regarding the subject matter.
Partial Invalidity: Should any term or provision
hereof be deemed invalid, void or unenforceable, the remainder of these Terms of
Service shall nonetheless remain in full force and effect.
No waiver: If Smartkalls does not take action
against a breach of these Terms of Service, it does not mean that it waives its
right at a later time to enforce the same.
Assignment: You are not allowed to assign
this contract or any rights hereunder. Smartkalls is allowed to, at its sole discretion;
assign this contract or any rights hereunder to any third party, without giving
prior notice. Applicable law and competent Court. The agreement shall be governed
by and construed in accordance with the laws of CT,
without giving effect to the conflict of laws or provisions of
or your actual state or country of residence, and without prejudice to the applicable
mandatory laws of your country of residence. Any legal proceedings arising out of
or relating to agreement will be subject to the jurisdiction of the courts of the
Language: The original English version of
this agreement may have been translated into other languages. In the event of inconsistency
or discrepancy between the English version and any other language version of this
agreement, the English language version shall prevail.
Additional terms for the use of Smartkalls
In case of CallBack requests, Smartkalls servers will initiate the CallBack using
the same local access number that you dialed to request the CallBack. In case you
used a Toll Free number, Smartkalls is free to choose the number that it will use
to initiate the CallBack.
You agree that Smartkalls has no control over the way your cell phone or other phone
provider will charge you for outgoing or incoming calls to or from our network.
It is entirely upto you to choose the right rate plan from your phone service provider
and make sure that you are able to take benefit of Smartkalls services.