UTA Customer Agreement
This UTA Customer Agreement ("Agreement") sets forth the terms and conditions that apply to your purchases of calling cards and other products from www.uniontelecard.com (the “UTA Website”) sponsored by UTA Web Sales (“UTA”).
By registering to use the UTA Website or by purchasing or using our products, You (as hereinafter defined) agree to the terms and conditions in this Agreement, the Conditions of Use of the UTA Website, and any changes that may be made to the Agreement or to the Conditions of Use. If you do not agree to the terms of this Agreement or have any questions about the Agreement, do not purchase or use our products without contacting UTA immediately at 1-800-410-3280.
"You" and "Your" mean the purchaser and/or the user of the Products (as defined below).
"UTA," "We," "Our," and "Us" mean Union Telecard Alliance and any UTA affiliates authorized to sell and/or distribute the Products.
"Product" or "Products" means any and all Products you purchase and/or use from the UTA Website now or in the future.
"UTA Website" is found at www.UnionTelecard.com and contains the specific prices and charges, Product descriptions and other terms and conditions not set forth here that apply to the Products. You can also request information about the specific prices and charges, Product descriptions and other terms and conditions not set forth here that apply to the Products by calling UTA toll free at 1-800-410-3280.
This Agreement incorporates by reference a Product’s prices, charges, restrictions and the terms and conditions for such Product listed on the UTA Website, as well as any disclosures, provisions, limitations or other information provided with, or printed on, the Products.
Charges and Payment.
You agree to pay Us for the Products at the prices listed on the UTA Website at the time of purchase. The prices for the Products may also include additional fees, including, but not limited to, any applicable taxes. All orders are subject to acceptance by Us.
Changes, Rate and Fee Changes
We may change the prices for the Products from time to time, and such changes will be effective from the time they are posted on the UTA Website. The terms and conditions of a Product, including the rates for calls made in conjunction with the use of any particular Product and the fees associated with the Product, are subject to change at any time without prior notice. You may contact UTA’s Customer Service Representatives at 1-800-410-3280 if You have any questions about the Products, including the domestic or international long distance rates associated with a Product.
You must pay for Products at the time of purchase. Acceptable forms of payment include credit card, debit card and any other form of payment UTA may authorize in the future. We do not waive our right to collect the full amount due if Your form of payment is cancelled, disabled, discontinued or otherwise dishonored after Your purchase of any Product.
Periodically, UTA will review your use of the Auto Recharge feature. UTA reserves the right to set a minimum dollar amount for each Auto Recharge and to adjust that amount based on your use of the feature (including the number of times you use Auto Recharge, the amount recharged and any administrative or other fees incurred by UTA for a consumer’s use of the Auto Recharge feature). UTA will email you upon the creation or adjustment of a minimum Auto Recharge amount.
and Securing Your Products
UTA delivers the Products to you by email. You must have a current, working email address in order to receive Products. You are responsible for preventing the unauthorized use of the Products, and You are responsible for any reduction in value of the Products arising out of either authorized or unauthorized use.
You are responsible for and must pay any applicable taxes in connection with your purchase of the Products.
You give us permission to verify all information You provide, including, as applicable, Your credit card information or debit card information, , along with Your email address and any other pertinent information which We request.
UTA may, in its sole discretion, limit the number of Products You buy at one time, or over a certain period of time. We reserve the right to reject Your purchase if it exceeds any limit which We choose to impose.
Products are not returnable except with Our prior consent.
Suspending/Canceling a Product
You agree not use the Products for any unlawful, abusive, or fraudulent purpose, including, for example, using the Products in a way that (1) interferes with our ability to provide Products to you or other customers; or (2) violates applicable law; or (3) avoids your obligation to pay for the Products. If UTA has reason to believe that you or someone else is abusing the Products or using them fraudulently or unlawfully, or if Your form of payment for the Products is cancelled, disabled, discontinued or otherwise dishonored after Your purchase of any Product, We reserve the right to immediately suspend, restrict, deactivate or cancel the Products without advance notice. In the event of suspension or cancellation of a Product due to any other afore-mentioned reasons, You hereby agree to pay any and all outstanding charges for these Products and to reimburse Us for any reasonable cost We incur in securing said payment , including, but not limited to, attorneys’ fees, court fees, and any other collection-related cost. UTA may impose restrictions on the form of payment You may use, or may refuse to sell You Products, if any of Your previous payments for Products has failed to result in UTA’s receipt of the entire amount payable to Us in connection with such payment.
UTA may from time to time discontinue selling certain Products and may stop selling Products, or if necessary, deactivate Products, immediately upon a determination by any governmental authority that the sale or servicing of such Products is contrary to any law, rule or regulation or upon Your violation of this Agreement or the Conditions of Use.
Restrictions on Use; Intellectual Property
All of UTA’s and the Products’ trademarks, service marks, symbols, logos, other identifying indicia and the intellectual property rights thereto (collectively “Marks”) are the property of UTA or its affiliates and You shall have no right in or to the Marks or any right to use the Marks. You are not permitted to commercially re-sell the Products or to print, produce, sell or distribute any telecommunication products that use or are based upon the Products, the telecommunication services provided with the Products and/or the Marks.
You agree that UTA shall not be responsible for any third party claims against Us that arise from Your purchase or use of the Products. Further, You agree to reimburse UTA for all costs and expenses related to the defense of any such claims, including attorneys’ fees, unless such claims are based upon Our willful misconduct or gross negligence. This provision will continue to remain in force after the Agreement expires or is otherwise terminated.
Limitations of Liability
This section describes Our responsibility for any claims for damages You may assert arising out of the failure of the Products or any other claims You may assert in connection with the Products or with this Agreement. If a Product You purchased is defective, You are entitled to an exchange, a full or partial refund or a credit allowance, as determined by UTA in its sole discretion. Except as otherwise provided in the preceding sentence, We and Our affiliates, agents, partners, directors, officers, members and employees are not liable to You or to any third party for any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the Products, the UTA Website and/or the telecommunication services underlying the Products, including without limitation any actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any claims for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever. These limitations apply even if the damages were foreseeable or We were told that they were possible, and these limitations apply whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. We will not be liable for any damages if the telecommunication services underlying the Products are interrupted, or if there is a problem with the interconnection of our Products with the products or equipment of some other party. This section will survive the expiration or termination of the Agreement. Because some jurisdictions do not permit the exclusions or limitation of incidental or consequential damages, UTA’s liability in such jurisdictions shall be limited to the extent permitted by law.
You acknowledge that (a) the Products are provided by Us “AS IS”, and (b) UTA makes no warranty to You or to any third party whatsoever, directly or indirectly, express, implied or statutory, as to the suitability, durability, description, quality, title, non-infringement, merchantability, completeness or fitness for use or purpose of the Products. All such warranties are hereby expressly excluded and disclaimed. We also make no warranty that the Products will be uninterrupted or error free. We do not authorize anyone, including, but not limited to, UTA employees, to make any warranties on Our behalf and You should not rely on any such statement. Your use of the Products is solely at Your risk. Because some jurisdictions do no permit the exclusion of certain warranties, these exclusions may not apply to You.
Credit Allowances for Interruptions
If an interruption or failure of Products is caused solely by UTA and not by You or by a third party or by other causes beyond Our reasonable control, You may be entitled to a credit allowance as specified in this Agreement.
Third Party Rights
This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
Acts Beyond Our Control
Neither You nor UTA will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond, as applicable, yours or our reasonable control.
We can assign all or part of our rights or duties under this Agreement without notifying You. If We elect to make such an assignment, We will have no further obligations to You under this Agreement or in connection with Your purchase or use of the Products. You may not assign this Agreement without Our prior written consent.
Any notice from UTA to You under this Agreement will be provided by one or more of the following: posting on the UTA Website, a recorded announcement on a Product, postcard, letter, or a call to a telephone number provided by You, or an e-mail to an e-mail address provided by you. You may contact Us either by phone or by mail to::
UTA Notice Address:
550 Broad Street, 4th Floor
Newark, NJ 07102
Notice from You to Us is effective as of the date that Our records show that We received Your call or correspondence.
If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
This Agreement will be governed by the law of the State of New Jersey, 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.
This Agreement (which incorporates by reference the UTA Website) constitutes the entire agreement between You and UTA 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 Product description not expressly contained in the Agreement or the UTA Website will be allowed to contradict, explain, or supplement this Agreement or the Product description. Neither You nor UTA is relying on any representations or statements by the other party or any other person that is not included in this Agreement.
to the Agreement
This Agreement may only be changed in the manner provided for in this section. We may change this Agreement and the information contained elsewhere on the UTA Website from time to time. All such changes will be effective at the time of posting on www.UnionTelecard.com. You may also request a copy of the revised Agreement by calling UTA toll free at 1-800-410-3280.
Last revised June 22, 2009