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VIRTUAL COMMUNICATIONS CUSTOMER SERVICE AGREEMENT

THIS AGREEMENT (“Agreement”) is made between VIRTUAL COMMUNICATIONS, LLC, an Illinois Limited Liability Company, (“we,” “us,” or “TELEFONO ROJO” or “Telefono Rojo” or “TELEFONOROJO” OR “EL TELEFONO ROJO”) and the user (“you”, “your”, “user” or “Customer”) in connection with your purchase, download, installation or usage of services “Services” described herein. THIS IS A LEGALLY BINDING AGREEMENT. THE AGREEMENT CONSISTS OF THIS CUSTOMER SERVICE AGREEMENT, THE SERVICE ORDER, AND THE TERMS AND CONDITIONS CONTAINED ON OUR WEBSITE (WHICH ARE INCORPORATD BY REFERENCE HEREIN). YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND FUTURE AMENDMENTS AND ADDITIONS TO THESE AS PUBLISHED FROM TIME TO TIME AT http://www.vir2com.com BY CHECKING THE “I ACCEPT” BOX DISPLAYED ON OUR WEBSITES www.eltelefonorojo.com, www.vir-tual.com, www.viajerousa.com or www.vir2business.com (THE “WEBSITE”) AFTER COMPLETING ALL THE REQUIRED INFORMATION ON THE ON-LINE APPLICATION, OR BY USING THE SERVICE, DOWNLOADING, INSTALLING OR USING THE ASSOCIATED SOFTWARE, PROVIDED UNDER THIS AGREEMENT. WE MAY CHANGE THE TERMS AND CONDITIONS CONTAINED ON OUR WEBSITE, FROM TIME TO TIME, AND YOU WILL BE BOUND BY THOSE CHANGES.

SUMMARY OF IMPORTANT TERMS AND CONDITIONS

The Service is designed to enable users who have the Software installed and registered on their Compatible Devices (as defined below) to do the following: (i) to receive inbound paid calls ii) to make free calls via the Service, to other users of the Service, and (iii) to make outbound paid calls, via the Service, to people who are not using the Service. You are responsible for all data and other charges imposed by your carrier, which may be incurred in using the Service or Licensed Application. The Licensed Application and the Service are not designed to replace or interfere with your current mobile telephone service. The Service does not support or terminate emergency (911) initiated calls. The Licensed Application will operate in high quality Wi-Fi network environments and/or high quality 3G/4G network environments, as applicable and described in greater detail in these Terms and Conditions. Virtual does not and cannot control the quality of other parties' networks to which Virtual must interconnect. Therefore, Virtual disclaims any and all liability that may arise from the performance, including failure, of other parties' networks. Neither non-usage of the Service nor misdialing while using the Service entitles you to a Service credit or refund. There are no refunds for Service cancellations made by you. Taxes may apply to the purchase price. Please note that if you are connecting to a number without the Licensed Application screen being displayed, you have not accessed the Service and you will be charged by your carrier for that call according to its rates. Unless otherwise prohibited by applicable law, we can change the terms and conditions of the Service plan (such as features, prices, per minute rates and free offers) at any time, with or without notice. The Service plan terms and conditions, as modified by us from time to time, apply to you and are incorporated herein by reference. The Service does not support or operate on TTY-enabled devices.

BINDING AGREEMENT:


This Agreement is a service Agreement. Please read carefully before accepting it. These Terms and Conditions and any others referenced herein, constitute a legal agreement between you, the end user, and Telefono Rojo.

 

 

1. Provision of Services

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As long as this Agreement remains in effect:

A. Services. We will provide you with the Services specified in the Service Order. If you are using VoIP, you will be entitled to use VIRTUAL's proprietary software and communications products collectively known as VIRTUAL COMMUNICATIONS. You are granted a revocable, non-transferable and non-exclusive license to use the Service as provided in this Agreement. Virtual is and shall be the owner of all telephone numbers which may be assigned to you, or are otherwise incident to Virtual's Services, under this Agreement.

 

 

Requirements. In order to use the Service for calls, you must satisfy the following requirements:
1.You must have one of the authorized compatible handset devices powered by iOS or Android software (the "Compatible Devices") and download and install the Software.
2.You must provide all required information, and validate your mobile number to use the Service.
3.For paid calls, you must have a subscription to one of our plans, after the initial Trial period, if applicable, and must have a valid credit / debit card registered in our system. In order to maintain the account current and available, your monthly balance, combining the base fee for the plan and any additional usage, must me paid at the end of your billing period, as notified by the invoice sent to you via email every month.
4.You must have Wi-Fi access or a data plan with your wireless carrier to use the Service.
5.Before using the Service, you should confirm that the Wi-Fi or 3G/4G network that you will be accessing has sufficient signal strength and bandwidth. Virtual is not responsible if you attempt, but fail, to make a call, or if your call is dropped or not received, because the network does not have adequate signal strength or bandwidth or is congested or otherwise impaired.
6.Virtual reserves the right to terminate this Agreement if you use the Service or the Software with a device that is not identified as a Compatible Device. You may not use the Service simultaneously on more than one phone or device.

 

 

 

B. Using the Service and the Service. To use the Service, you must first manually open the Licensed Application on your Compatible Device. To place or receive a call with the Service, you must see the Licensed Application screen when the call is being connected. Please note that if you are connecting to a telephone number without the Licensed Application screen being displayed, you have not accessed the Service, and you will be charged by your carrier for that call according to its rates. If your account is active but you are no in a mobile 3G/4G or Wi-Fi environment, all inbound calls will be forwarded to TELEFONOROJO voicemail system and will not be received by you via your carrier’s network (or any other cellular network).

 

 

C. E-Mail/Cellular Notification of Voice Message Service If you elect to subscribe to our e-mail/cellular notification of voice message service, you agree to the following terms:
1) We will not be in any way responsible, or assume any liability for any failure or delay in transmitting information to you, or any error in the information transmitted.
2) In order to receive this service, you must provide us, at all times, with your most current, accurate, and functioning e-mail address or cellular number and provider to which you want notification to be sent.
3) Some cellular telephone providers require that you register in order to be able to receive or send text messages (also known as SMS). It is your sole responsibility to register with your provider, pay your provider any charges, which it may impose for SMS service, and otherwise comply with the terms and conditions of your agreement with your cellular provider.

 

 

D. CONFIRMATION OF YOUR RIGHT TO USE THE SERVICE AND SOFTWARE. By entering into these Terms and Conditions, you expressly confirm that you are legally entitled and of legal age to enter this Agreement, that you have read and understand fully its terms and conditions, and that you have confirmed that your use of this Software and Service is permitted under the laws of your country. TELEFONO ROJO will not be responsible if the use of the Software or the Service does not comply with the laws of your country.

You also represent and warrant that any information you provide to us in connection with your use of the Service or the Software (including, without limitation, your mobile telephone number) is accurate

2. RESTRICTIONS ON CUSTOMER’S USE OF SERVICES

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A. Restrictions and Prohibitions. Regardless of the plan you select, the Services and any Equipment obtained from us under your free license MAY NOT be used as follows:

 

 

(1) Unlawful Content. To transmit or receive any content or use the same in a manner that is prohibited by any applicable law (including any regulation of any governmental agency). If we believe that you have used our Service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es) and all other account information, as follows:
•In response to law enforcement or other governmental agency requests;
•As required by law, regulation, rule, subpoena, search warrant, or court order;
•As necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both;
•To protect TELEFONO ROJO rights and property; or
• In emergency situations where disclosure of such information is necessary to protect TELEFONO ROJO customers or third parties from imminent harm.

 

 

(2) Unlawful Purposes. For any use that constitutes, contributes to or encourages conduct that may be a criminal offense, creates any cause of action for damages, or otherwise creates any civil liability under any applicable local, state, federal or international law.

 

 

 

(3) Fair Use Policy: The Fair Use Policy is referenced against average customer profiles and estimated customer use of our service. TELEFONO ROJO reserves the right to monitor call duration and the number of calls made on your account over any month. If in TELEFONO ROJO reasonable opinion your usage is excessive or unreasonable, TELEFONO ROJO may ask you and the other users/ sharers on your account, to moderate your usage. If you fail to do so, TELEFONO ROJO reserves the right, without further notice, to cancel the service from your account.

 

 

(4) Calls to Emergency Services. The Service is not a replacement for your ordinary telephone service and you cannot make emergency (e.g., 911) calls using the Service. However this does not prevent you using your mobile phone for making emergency calls via your cellular provider as normal. If you dial internationally recognized emergency service numbers while using the Service from an authorized Compatible Device, the Licensed Application will close, the native dialer will be launched, and the call will be placed over your carrier’s cellular network. Neither your phone number nor your location will be reported to an emergency operator.

 

 

 

(5) Use of service by customers outside of the United States. The Service is designed to be accessible on a worldwide basis. You will be solely responsible for any violations of local laws and regulations because of your use of our Service. Furthermore please be aware that your cellular carrier‘s data rates may change if you are using your cellular device outside of your local calling area.

 

 

 

(6) No alterations or tampering. If you copy or alter or have someone else copy or alter the Software in any way that facilitates a compromise of the Service, you are responsible for any charges or damages that result. You may not attempt to hack or otherwise alter or disrupt our Service or make any use of our Service that is inconsistent with its intended purpose or this Agreement. You may not use or obtain our Service in any manner that avoids Virtual policies and procedures, including in an illegal or improper manner.

You have not been granted any license to use the Software we use to provide our Service or that we provide to you in providing our Service other than a nontransferable, revocable license to use the Software in object code form (without making any modification to it) strictly according the terms and conditions of these Terms and Conditions and the End User License Agreement below. You may not reverse compile, disassemble, or reverse engineer, or otherwise attempt to derive the source code from the binary code of the Software.

 

 

 

(7) Other Restrictions. You will not use the Services (its software or any of its components) or any of the Equipment in connection with any service of any kind (whether or not similar to the Service provided byTELEFONO ROJO) provided by any third party and will not “connect” or “bridge” the Service provided by TELEFONO ROJO with any equipment, application or method of others that allows connection with any public telephone network. You may not use Services in connection to multiple call systems, or resell or rent Services to others, or place and receive call calls for third parties.

3. TERM OF AGREEMENT.

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(A) The initial term of this Agreement begins on the date we activate your Service and will continue for 30 consecutive days. After the initial term, the Agreement will AUTOMATICALLY BE RENEWED FOR SUCCESIVE 30-DAY PERIODS UNTIL AND UNLESS YOU PROVIDE US WITH 30 DAYS’ ADVANCE NOTICE OF CANCELLATION OR WE TERMINATE THE AGREEMENT AS PROVIDED HEREIN.

You may terminate the Agreement at any time. We must receive your termination notice within the first 20 days of a billing cycle in order for termination to be effective as of the end of that billing cycle. If we receive your notice of termination after the 20th day of a billing cycle, termination will be effective as of the last day of the following billing cycle.

B. Notice and Effective Date of Termination. You must provide us any notice required to be given by you under the Agreement via email at customerservice@vir2com.com. or at any other email address we may designate. After receipt of your notice, we will transmit an e-mail confirmation to you. Your notice to us, including but not limited to any notice of termination, will be effective upon your receipt of our confirmation notice.

4. RATES.

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Rates and additional terms for our Services are displayed on the Website, which is incorporated by reference and made a part of this Agreement. We may change those rates at any time and from time to time. You should consult the Website if you have any question regarding our rates. If at any time our Services are subject to applicable tariffs, those tariffs will control and govern if inconsistent with our Website rates. Please note that duration of calls is recorded in whole minutes and partial minutes are rounded up to the next whole minute. You may incur toll, regional calling or long distance charges if you dial your access number while outside the local calling area associated with your access number. Under our Service plans, you will be subject to charges from the time a call you are making or receiving is answered until the time it is disconnected (in other words, we charge you for conversation minutes). You are responsible for ensuring the security of your mobile device, and the security of your user account details and password with the iTunes Store and/or Google Play.

5.VIRTUAL’S RIGHT TO TERMINATE
OR SUSPEND SERVICE AT ANY TIME.

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We reserve the right to suspend or discontinue providing Service to you or to terminate this Agreement at any time, whether at or before the end of the initial term or any renewal term and may do so for any reason or for no reason whatsoever, in our sole discretion:
A. For Non-Payment or Other Customer Breach. If we terminate or suspend our Service or if we terminate this Agreement because you use the Service or Equipment or permit the Service or Equipment to be used in any manner prohibited under Section 2 “Restrictions on Customer’s Use of Services and Equipment” above, any payment is declined or returned or otherwise not honored by the credit card issuer on record with us, or you breach or violate any other provision of this Agreement, then YOU WILL BE LIABLE TO VIRTUAL FOR ALL PAYMENTS THAT WOULD OTHERWISE HAVE BEEN PAYABLE UNDER THIS AGREEMENT THROUGH THE END OF THE TERM (ALL OF WHICH WILL BECOME IMMEDIATELY DUE AND PAYABLE) PLUS VIRTUAL’S THEN CURRENT DISCONNECTION FEE, PLUS ANY AND ALL COSTS AND CHARGES INCURRED BY VIRTUAL, INCLUDING BUT NOT LIMITED TO, CREDIT CARD AND BANK CHARGE-BACK FEES, COLLECTION COSTS AND FEES AND ATTORNEYS’ FEES.

B. TELEFONO ROJO Termination in its Discretion You must pay charges accrued to date of termination, plus charges pro-rated for your final month of service, if we terminate the Agreement. If we terminate the Agreement because of your breach, you will also be responsible for the other charges provided in the Agreement under such circumstances.

6.TRADEMARKS and COPYRIGHTS.

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The software and all other components of the Services, whether or not copyrighted, are the sole and exclusive property of TELEFONO ROJO. Any and all other software embedded in any equipment provided by VIRTUAL and used in connection with Services is the sole and exclusive property of TELEFONO ROJO. Any and all websites, corporate names, service marks, trademarks, trade names and logos and domain names of TELEFONO ROJO, whether or not copyrighted or registered, are and shall remain the sole and exclusive property of TELEFONO ROJO and you shall have no right or license whatsoever to use any such marks.

7. OPERATIONAL LIMITATIONS ON SERVICES AND EQUIPMENT.

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You acknowledge and understand that:
A. Interruptions in service by your broadband provider will prevent use of the Services, and partial interruptions, disruptions or failures will prevent or adversely affect use of the Services.

B. TELEFONO ROJO Termination in its Discretion You must pay charges accrued to date of termination, plus charges pro-rated for your final month of service, if we terminate the Agreement. If we terminate the Agreement because of your breach, you will also be responsible for the other charges provided in the Agreement under such circumstances.

C. Because of the nature of the Internet, you may experience reduced speed in “placing” calls as compared to dialing over traditional public telephone networks.

D. You expressly acknowledge that emergency 9-1-1 calls are not intended to be carried or supported by the Equipment or the Services and that neither TELEFONO ROJO nor any of its affiliates, agents, network service providers or employees are or will be liable for such emergency calls or your failure to make such emergency calls using the Equipment or the Services. Further, you acknowledge that the Service will not function if the broadband connection is not operational, will not transmit the correct physical address to an operator, and is not capable of being received and/or processed by an emergency call center due to the technical limitations of Virtual’s System. Your agreement to the terms of this Agreement will serve as your acknowledgement that Virtual has advised you of these limitations.

8.TAXES.

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You are responsible for all federal, state and local taxes and any surcharges applicable to the Services provided under this Agreement and/or the use thereof (including but not limited to sales, use, excise, value-added, personal property, public utility, communications and internet taxes, whether now in force or enacted in the future). Any such taxes which TELEFONO ROJO is required or desires to collect from you will be added as separate charges to your other monthly charges and charged to your credit card account.

9. LIMITATIONS ON VIRTUAL’S LIABILITY.

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A. Telefono Rojo shall not be liable to Customer for any unauthorized access to or theft or destruction of or damage to TELEFONO ROJO or Customer’s premises, equipment, data files, programs or other property of any kind, and Customer assumes all risk of loss therefor, nor shall TELEFONO ROJO be liable to Customer for any invasion of privacy.

B. TELEFONO ROJO shall have no liability of any kind whatsoever to any person not a party hereto and expressly states that this Agreement is not intended to create any third party beneficiary rights.

C. TELEFONO ROJO shall not be liable for any consequential, resultant, incidental or indirect damages of any nature whatsoever, even if TELEFONO ROJO or its authorized representatives have been advised of the possibility of such damages.

D. The maximum liability and recovery for any claims not otherwise waived or eliminated hereunder, against TELEFONO ROJO, shall be an amount equal to the payments for Services received under this Agreement by TELEFONO ROJO. from Customer.

11.CUSTOMER’S INDEMNIFICATION OF VIRTUAL.

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You agree to indemnify, defend and hold harmless TELEFONO ROJO., its officers, directors, employees, members, affiliates, agents, licensees, and any other third party service provider who furnishes services to Customer in connection with this Agreement and/or the Services and/or Equipment provided hereunder from and against any and all claims, losses, damages, fines, penalties, costs and expenses (including but not limited to attorneys’ fees) resulting from your violation of any provision hereunder or based on any content transmitted or received by you or anyone using your Equipment, any use or activity prohibited hereunder, any operational limitations on Services and/or Equipment described herein, or use of Equipment not provided by TELEFONO ROJO.

12.NATIONAL RESTRICTION

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You may not use or download any software into any country (or to a national of any country) to which the United States has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the Commerce Department’s Table of Deny Orders. You represent and warrant that you are neither located in or under the control of a national or resident of any such country or on any such list.

13.MANDATORY ARBITRATION.

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Any dispute or claim by Customer against TELEFONO ROJO arising out of this Agreement shall be submitted to and resolved by a single arbitrator in the City of Chicago, Illinois under the Commercial Arbitration Rules of the American Arbitration Association. No arbitrator may award (a) any relief in excess of what is provided in this Agreement or (b) any punitive or exemplary damages. All claims shall be arbitrated individually on the basis of a single Agreement and no class status will be permitted.

14.GOVERNING LAW, JURISDICTION AND VENUE, JURY WAIVER.

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This Agreement and the provisions contained herein shall be governed by the internal laws of the State of Illinois, without regard to its conflict of law provisions. Jurisdiction and venue for any claim not subject to mandatory arbitration shall be limited to the state and federal courts located in Chicago, Illinois. BOTH PARTIES HERETO EXPRESSLY WAIVE ANY AND ALL RIGHT TO A JURY IN ANY ACTION BROUGHT UNDER THIS AGREEMENT.

15.CHANGES IN SERVICES.

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Any change in the Services to be provided hereunder shall become effective as to this Agreement upon posting to the “Service Announcements” section of the TELEFONO ROJO Website (currently located at https://www.eltelefonorojo.com/terminos&condiciones. No further notice from TELEFONO ROJO will be required.

16. MISCELLANEOUS.

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This Agreement is the entire agreement between you and VIRTUAL and supersedes any other communications or advertising with respect to the Services or Equipment. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. TELEFONO ROJO failure to insist upon strict performance of any provision by Customer shall not be deemed a waiver of that provision. TELEFONO ROJO may assign this Agreement or any of its rights and duties under this Agreement at any time without notice.