Terms & Conditions
These terms and conditions sets forth the terms and conditions that apply to your use of the Website and the Services (as each term is defined below). "You" and "your" mean the customer of the Services defined below, and "IDirectDial," "we," "our," and "us" mean IDirectDial®, and any of its affiliates and parent involved in providing you with the Services. Your enrollment in, use of or payment for the Services, confirms your unconditional acceptance and agreement to the terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, you may not use the Services.
The Services are not designed for the transmission of emergency calls, such as calls to 911 and other emergency numbers. You, or any person using your Account, are responsible for dialing the relevant emergency number directly from your phone line not using our Services.
"Service Guides" mean the service guides that set forth the specific price and charges, service descriptions and other terms and conditions that apply to each of the Services. You can review the Service Guides on the Website. This Agreement incorporates by reference the prices, charges, terms and conditions contained in the Service Guides.
"Services" means the telecommunications services provided by IDirectDial through Send Global Corporation, its parent company, as more specifically described in the Service Guides. The Services may not be available in all locations.
B. Sign-Up and Use of Services
1. Opening an Account
You may only register your own private telephone number to use the Services (e.g., public, hotel, office, hostel numbers are not permissible). You will be solely liable for all charges resulting from your registration of any telephone number.
Once you have been accepted as a IDirectDial customer, we will send you an e-mail message and (or) an SMS that confirms that you have become a IDirectDial customer and provides you with information concerning your IDirectDial account (your "Account"). The e-mail and (or) SMS will also provide you with your account login credentials. Your Account is considered to be activated as soon as you provide your email address and phone number. You acknowledge and agree that (i) the information you provide to us regarding your Account opening and any subsequent changes shall be complete, correct and true (ii) you shall promptly (in no less than 3 days) notify us of any change to such information, either by updating your Account directly, or by notifying us by e-mail sent to support@iDirectDial.com.
To use the Services, you will provide us with your personal identification information as well as a valid credit, debit or charge card number accepted by IDirectDial, or other information for payment services accepted by IDirectDial. We may use such information to verify your identity (as permitted by law). We may change account name and number and PIN at any time in our sole discretion.
We may deny your application and refuse to provide you with the Services for any reason, which determination shall be made at our sole discretion.
Subject to the conditions of this Agreement, we grant you a revocable, non-exclusive, non-sublicenseable, and non-transferable license to use the Services subject to the terms of and for the duration of this Agreement.
3. Confidentiality of Account Information
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT, AND YOU AGREE TO PAY FOR THE SERVICES CHARGED TO YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. WE SHALL NOT BE HELD RESPONSIBLE FOR FRAUDULENT CHARGES THAT RESULT FROM THEFT OR FRAUDULENT USE OF YOUR CREDIT/DEBIT/CHARGE CARD OR PIN. If you believe that your Account and/or PIN is being used in an unauthorized manner, you must contact us immediately so that the appropriate modifications can be made to your Account. Please be aware that your Account information will be sent to the e-mail address that you entered on the application when you applied to become a IDirectDial customer. You are responsible for maintaining a current, operational and secure e-mail address and for promptly reading e-mail from us so that we can notify you of updates to the Services and provide information concerning your Account. We shall not be responsible for any damage caused to you or losses incurred by you if others obtain access to your email account and obtain your Account information or other personal information.
You agree that you are responsible for paying the charges to use the Services, or if you are under 18, that you have permission to use the Services from the adult responsible for paying the charges.
5. Unauthorized Use of Phone
If a phone you use to access the Services is lost or stolen, or if it is being used to access your Account or the Services without your permission, you are required to notify us immediately. You are responsible for all charges to your Account until we are able to suspend the Services.
6. Access Numbers and Your Own Phone Charges
We are not responsible for any charges you incur in using your phone to access the Service, including charges billed to you by your mobile phone or other communications provider, and we will not reimburse you for any such charges. Charges we are not responsible for include but are not limited to, toll charges in connecting to the relevant IDirectDial Local Number or other access number, charges from your mobile or other phone provider for per-minute charges and any roaming fees that may apply from your mobile phone provider.
You acknowledge that IDirectDial's Local Numbers and access numbers are the property of IDirectDial and may not be ported out.
7. Customer Service and Support
If you have questions, concerns or complaints about the Services, you may send an e-mail to our Customer Support department at support@iDirectDial.com. Customer Support is available 24 hours a day, five days a week (not available on weekends). Please allow 24-72 hours for a reply.
C. Charges and Payment
1. Calling Rates and Charges
Our rates and charges are listed on the Website and in the applicable Service Guides and are incorporated by reference herein. The rates and charges for any particular call may depend on a number of factors, including whether you are calling from a payphone or to or from a personal home or mobile phone. For example, if we are charged for your use of a payphone or other facility to originate a call, we will pass that charge onto you regardless of whether your call is actually completed. Whenever you choose to use a toll-free access or IDirectDial Local Number, you will be charged 1.5 cents per minute in addition to whatever rate applies to your destination. Rates to toll-free access numbers are 2-cents per minute more that the listed rate. Rates on calls to mobile phone numbers in most of the countries are more expensive than rates to regular phone numbers. You are responsible for checking all applicable rates and charges, including payphone, mobile or other facility surcharges, before making any call using the Services.
2. Rating of Calls
All rates listed on the Website are per minute rates. Charges for telephone calls are measured in whole minutes. All calls which are fractions of a minute are rounded up to the next whole minute (e.g., a call which lasts 1 minute, 25 seconds will be charged as a 2 minute call). Timing on calls begins when the call is answered by the called party, including a voicemail or automatic reply. Timing terminates on calls when the calling party hangs up or IDirectDial's network receives an "on-hook" signal from the terminating carrier. We may change the billing period or billing increment from time to time by posting any such change on the Website. All changes that are required by law or a governmental authority shall be effective immediately.
3. Application of Payments and Credits
When a call is charged against your account, we will first charge against all available balance purchased with your credit, debit or charge card, or otherwise funded by you. Once such credits are depleted, we will charge against any available bonus, promotional or other credits in your account.
4. Taxes and Other Charges
You must pay all taxes, fees, surcharges and other charges that we bill you for the Services, unless you can show documentation satisfactory to us that you are exempt. Government Universal Service Fund fees are included in the listed rates. Taxes, fees, surcharges and other charges will be in the amounts that federal, state and local authorities require us to bill you. Any customer with a billing address in the State of New York will be charged the applicable New York State sales tax. We will not provide advance notice of changes to taxes, fees, surcharges and other charges, except as required by applicable law.
5. Rate Changes
We may change the rates and charges for the Services and offer special promotions from time to time without providing advance notice.
You agree to pay us for the Services at the rates and charges listed in our Service Guides. It is your responsibility to notify us of any changes to your credit, debit, charge card or other payment information, including the expiration date. If for any reason your credit balance becomes negative, you hereby authorize us to charge the negative balance to any credit card on file with your IDirectDial account without any additional confirmation. Please note that we reserve the right to retain any credit, debit, charge card or other payment information you provide to us and to charge outstanding amounts to any such card or account so long as your Account remains active and for a reasonable period thereafter. If the charge to your credit, debit, charge or other account is not accepted (e.g. the card is no longer valid or you have instructed the credit/debit/charge card company to block, reject or refuse to pay such charge) for any reason other than your disputing in good faith the validity of Service charges, we may charge you an additional fee of $20 per transaction as well as a late fee of 1.5% per month, which we will apply to that period's unpaid balance and any outstanding amounts that remain unpaid at the time of the next bill. If the local law where you receive the Services requires a different fee or rate, we will charge that fee or apply that rate.
7. Billing Disputes
You are responsible for reviewing your monthly statements or billing information, as the case may be. You must notify us by e-mail (support@iDirectDial.com) of any disputed charges within thirty (30) days of the charge being posted to your Account. To the extent we determine that a billing adjustment is warranted, we will credit your Account as provided in the applicable Service Guide. If you fail to notify us of a billing dispute as noted above, you hereby waive all rights to bring any claim regarding the particular charge.
8. No Refunds
Once you have used any amount purchased, including bonus credit, all of such amounts immediately become non-refundable.
D. Suspension and Cancellation of Services
You may discontinue using the Services at any time by notifying us by e-mail (support@iDirectDial.com). We will deactivate your Account as soon as practicable; in all cases, you will remain responsible for payment of all charges for Services rendered up through such termination.
2. Expiration Policy
We may, in our sole discretion, elect to terminate your Account after six (6) months of inactivity (measured from the date of last use). If you desire to keep your Account active, you may request an extension of the expiration period by notifying us by e-mail (support@iDirectDial.com). Upon receipt of your request, we may, at our sole discretion, provide you with an extension of the expiration date of your Account. All extensions will be confirmed by us via e-mail. Please note that we are not obligated to provide you with such an extension nor are we obligated to refund any remaining balance left in your prepaid Services Account as of the date it expires.
3. Unlawful, Fraudulent and Objectionable Use
You will not use the Services for any unlawful, abusive or fraudulent purpose, including, for example, using the Services in a way that (1) interferes with our ability to provide Services to you or other customers; (2) abuses any bonus or promotional program; or (3) avoids your obligation to pay for the Services. You will not in any way submit any materials to IDirectDial or otherwise take any action that would, in IDirectDial's sole determination, interfere with the Services or other IDirectDial customers, infringe the rights of any third party, or otherwise constitute objectionable conduct. If we have reason to believe that you or someone else using your Account or abusing the Services or any of our bonus or promotional programs or otherwise breaching this Agreement, we may immediately suspend, restrict, or cancel your Account and your ability to use the Services without notice. In addition, we reserve the right, at our sole discretion and for any reason, to (a) suspend, restrict, modify or terminate your Account and your access to and use of the Services and/or (b) refuse to allow you to recharge your prepaid Services Account.
We may from time to time discontinue or modify certain Services or bonus or promotional programs without notice.
5. Outstanding Charges
If your Account is suspended, restricted, or cancelled, you are still responsible for any charges that accrue through the date that we fully process the suspension, restriction or cancellation. Subject to applicable law, you must reimburse us for any reasonable costs we incur, including attorneys' fees, to collect charges owed to us or to defend ourselves. If we elect to reactivate your Account and your ability to use the Services, we may require that you prepay or pay a deposit and/or service restoration fee.
E. Indemnification, Limitation of Liability and Warranties
You agree, at your sole cost and expense, to fully defend, indemnify and hold harmless IDirectDial®, its parent, affiliates, subsidiaries, shareholders, directors, officers, employees, and agents from and against any and all claims, causes of action, actions, judgments, liabilities and/or damages (including without limitation reasonable expenses and reasonable attorney's fees) arising out of or in connection with (i) your use of the Services, (ii) your Account (including the use of your Account by a third party) and (iii) this Agreement.
2. Limitation of Liability
EXCEPT FOR DAMAGES CAUSED BY OUR INTENTIONAL MISCONDUCT, WE WILL NOT BE LIABLE FOR DAMAGES THAT EXCEED THE AMOUNT OF OUR CHARGES TO YOU FOR YOUR ACTUAL USE OF THE SERVICES DURING THE PRIOR ONE MONTH PERIOD. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, OR INCREASED COSTS OF OPERATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS IT IS BASED (SUCH AS CONTRACT, TORT, STATUTE OR OTHERWISE). IN ADDITION, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, THE SERVICES THROUGH TOLL OR LOCAL ACCESS NUMBERS. AS INDICATED EARLIER, WE ARE NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER.
3. No Warranties
WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT AND ON THIS WEBSITE. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING OUR EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BECAUSE THE SERVICES ARE PROVIDED OVER PUBLIC PHONE AND INTERNET NETWORKS OUTSIDE OF OUR CONTROL, THEY ARE SUBJECT TO OUTAGES, DISRUPTIONS AND INTERCEPTION, AND THAT WE HAVE NO LIABILITY FOR ANY SUCH OUTAGES, DISRUPTIONS OR INTERCEPTIONS. IDIRECTDIAL® IS NOT RESPONSIBLE FOR THE CONTENT OF COMMUNICATIONS TRANSMITTED THROUGH THE SERVICES.
1. Agents and Resellers
No agent or reseller is permitted to sell the Services in any manner unless it has been specifically authorized in writing by IDirectDial®. If you are contacted by an agent, you should contact us to confirm whether the agent has the proper authorization.
2. Access to Third-Party Vendors
We may, from time to time, offer our customers the ability to purchase various products and services from third-party vendors by accessing those third-party vendors directly through the Website via click-throughs or hyperlinks. We are not responsible for the contents of any linked site, the products/services offered through those sites, any link to other sites contained in a linked site, or any changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any links do not constitute an endorsement, guarantee, representation or warranty (either expressed or implied) by us of the site or the products/services offered through that site. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.
3. Acts Beyond Our Control
Except for your obligation to pay for the Services, neither of us is liable to the other for any delay, failure in performance, loss or damage due to causes beyond our reasonable control, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, acts or omissions of carriers or suppliers, systems failure and acts of regulatory or governmental agencies.
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of IDirectDial, including but not limited to, IDirectDial® and Send Global™, IDirectDial® (collectively, "Marks") are and shall remain the exclusive property of Send Global Corporation and nothing in this Agreement shall grant you the license to use such Marks without our prior written permission.
We may assign all or part of our rights and duties under this Agreement to any party at any time without notice to you. If we do that, we will have no further obligation to you in connection with such assigned duty. You may not assign your rights and duties under this Agreement without our prior written permission.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will continue in full force and effect.
8. Integration - Entire Agreement
This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between you and IDirectDial with respect to the Services provided hereunder and will supersede and replace all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and IDirectDial. No written or oral statement, advertisement or service description not expressly contained in the Agreement will be allowed to contradict, explain, modify or supplement it. You acknowledge and agree that you are not relying on any representation or statement by IDirectDial® that is not included in this Agreement.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan. You agree, in the event any claim or suit is brought in connection with this Agreement, to the exclusive jurisdiction and venue of the courts of Oakland County, Michigan. In any action to enforce this Agreement, including, without limitation, any action by Send Global for the recovery of fees due hereunder, you shall pay Send Global reasonable attorney's fees and costs in connection with such action. You acknowledge and agree that this governing law provision applies no matter where you reside, or where you use or pay for the Services.
With respect to your submission of feedback or a testimonial or opinion about the Services to IDirectDial, you hereby (i) represent and warrant that the Testimonial is original to you, that no other party has any rights thereto, and (ii) grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable, assignable and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Testimonial (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
All notices from us to you shall be (i) sent to your current email address on file with us and will be deemed immediately delivered even if such email address is no longer valid, or (ii) posted to your Account. All notices from you shall be sent to support@iDirectDial.com
G. REFERRAL PROGRAM TERMS AND CONDITIONS
Referral bonus can be redeemed only by new customers (who have not previously subscribed to any IDirectDial® Services) via the Website towards the usage of Services. The recipient must open an account and enter the referral code sent to them by an existing IDirectDial customer before redeeming a referral. Once the new customer’s first purchase is completed, the bonus credit is posted to the recipient's account on the Website. Once the new customer’s first call is completed from a phone number registered on the new customer’s account, a bonus credit is also posted to the referring customer.
New customers are eligible for the referral bonus only when they first sign up for their account and before their first purchase is made. Existing customers who make at least one (1) purchase can refer an unlimited number of new customers, but can make only one referral per new customer. Only one (1) referral bonus is allowed per household. IDirectDial reserves the right to refuse to award a referral bonus in cases of misuse or abuse of the referral program, as determined in IDirectDial’s sole discretion. Referrals made to the same address will not qualify for a referral bonus and will be considered misuse. Referral bonus cannot be used to pay for IDirectDial® gifts. IDirectDial is not liable if a referral bonus is not posted to the existing customer’s account or credited to a new customer because the referring customer fails to enter a correct name or email address at the time of referral or fails to input the issued referral code when signing up for new Services. If a referred customer removes or requests to move a number from a referred account to another account, the referral bonus is forfeited and will be removed from the current balance on the referring customer's account. Our referral program cannot be combined with a IDirectDial®gift or any other IDirectDial® promotional program. IDirectDial may cancel or alter this program at any time without notice.
3. Fraud / Misuse
IDirectDial will have the right to close customer accounts and bill for Services used if a fraudulently obtained referral is redeemed and/or used on this Website. Purchases made by customers that IDirectDial deems in its sole discretion to be abuses or misuses of the referral program are non-refundable. All other IDirectDial® Terms & Conditions apply.
Customers may opt out of SMS campaigns and notifications any time by replying "STOP", "QUIT", "CANCEL", "UNSUBSCRIBE" or "END".
Message and Data Rates may apply, depending on your wireless carrier plan in the US Std. message and data rates may apply, depending on your wireless carrier plan.
Frequency of SMS depends upon customer's activity.
IDirectDial® Service Guide
This Service Guide is subject to and a part of the IDirectDial® Customer Services Agreement (the "Agreement"), and may be changed and/or discontinued at any time by Send Global Corporation, IDirectDial’s parent company through which Services are provided. In order to use the Services described below, you must be enrolled as a IDirectDial® customer. Please see the Agreement on our website at www.iDirectDial.com (the "Website") for enrollment information and further details concerning the Service.
1. Description and Availability of Service
The Services allows you to purchase in advance virtual calling card capabilities to enable you to place calls to over 200 countries from certain states of the United States and the District of Columbia as well as other countries in which our service is provided 24 hours a day, seven days a week (the "Service").
2. Rates and Charge
For the applicable rates and charges for the Services please click here: www.iDirectDial.com/rates
We do not charge any connection fees.
Billing Increment: One minute. Fractions of a minute are rounded up to the next whole minute.
Payphone surcharge: 70 cents/call
Taxes and other charges as described in Section C of the Agreement may apply.
Unless specifically noted otherwise, all rates and pricing is listed in US dollars.
Taxes may apply in some jurisdictions.
3. Access Number
To access the Services, you must dial a IDirectDial Local Number or an access number first. To see complete list of our access numbers please click references at: www.iDirectDial.com
4. Usage Conditions. The following conditions are specific to the Service:
In order to use the Services, your IDirectDial® Account (your "Account") must have a sufficient balance to cover the cost of the Service.
As you use the Services, your Account will be debited accordingly.
Calls in progress will be terminated if your Account balance is insufficient to cover the cost of continuing the call.
5. Usage Information
You will have confidential access to your usage information "for the current month only " on the Website under "My Account" 24 hours a day, seven days a week.
The following conditions will govern prepayments you make to your Account balance:
You may add to your Account balance at any time by accessing "My Account" at our website www.iDirectDial.com.
Any prepayment will be charged to the credit, debit or charge card that you listed in your application for enrollment as a IDirectDial® customer. We will provide you with an e-mail and (or) a SMS confirmation each time you make a prepayment that is credited to your Account balance.
Prepayments must be made in certain dollar denominations, with a minimum of $5.00.
The prepayments credited to your Account do not expire so long as your Account remains active. If your Account does expire, however, we will not be obligated to refund any balance remaining in your Account to you. See our Expiration Policy in Section III of the Agreement for further details.
Please note that unless we discontinue the Services while your Account is still active, we are under no obligation to make any refund of any prepayments you make toward the Services under any circumstances. Thus, you should only make prepayments to your Account if you believe that you will use the balance.
7. Billing Disputes
You must notify us by e-mail at support@iDirectDial.com of any disputed charges within thirty (30) days of the charge being posted to your Account. To the extent we determine that an adjustment is warranted, we will credit your Account accordingly.
IDirectDial will not be liable for the liabilities whatsoever resulting due to registration of hotel/hostel/public/office phone numbers or otherwise any claims by you or third parties. See our Limitation of Liability in Section E of the Agreement.
We will provide the Services to you until one or more of the following events occur:
You choose to close your Account by notifying us by e-mail at support@iDirectDial.com . We will then shut down the access to your account. You will not be entitled to any refund of the unused balance in your Account as of the date you terminate your Account.
Your Account balance is depleted and you do not replenish your Account balance.
We suspend or terminate your Account or your ability to replenish your Account balance as provided in Section D of the Agreement.
We discontinue the Services, in which case we will refund the unused balance in your Account to you.
9. Customer Service:
If you have any questions, concerns or complaints about our Service, you may contact our Customer Service Center by e-mail at support@iDirectDial.com . Our Customer Service Center is open 24 hours a day, five days a week (not available on weekends). While we are doing our best to reply to all customer enquiries as soon as possible, please allow up to 72 hours for a reply.