Terms and Conditions

The terms and conditions set forth below constitute your agreement with Phonko.com


TERMS OF SERVICE

Phonko, provides Internet phone Services (the Service or Services) through http://www.phonko.com (the Website).

By enrolling in, activating, using or paying for the services, you acknowledge that you have read, understood and agree to all of the terms and conditions in this agreement, that you are of legal age, and that you agree to be bound by all terms herein.


SERVICES

     A)  Term

Phonko offers voice over internet protocol enabled telephone service for outbound calling. All services are offered strictly on a prepaid basis.

     B)   Restrictions

You agree to use the services, software and website provided by Phonko for lawful purposes only. You are prohibited from posting on, or transmitting through, the website any materials, or engaging through the services in any conduct, that is fraudulent, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or otherwise objectionable, including without limitation, any material or conduct that encourages unlawful activities. If Phonko suspects that you have engaged in any of the foregoing conduct, Phonko may, (a) terminate or suspend your account and use of the services, software and/or website; and/or (b) forward the offensive materials and/or information related to such prohibited conduct, your communications with Phonko, and your personally identifiable information to the proper authorities for investigation or prosecution.

If you are residing or visiting in a jurisdiction where it is prohibited by law to offer or user Internet telephony or Voice over IP services you may not enter into this agreement.

Our services are for personal use only. If we find that there are more than one simultaneous call at the same time from one account, Phonko has the right to block this account, and due to the fact that this will be intentional breaking of the terms and conditions set forth here, the account will be blocked and there will be no refunds for the remaining balance if any.

     C)   Eligibility

You must be at least 18 years old to use Phonko.

You agree that you are responsible for paying the charges to use the services.

If you are not of legal age, incarcerated or are otherwise declared incompetent in making decisions, you cannot use the services provided by Phonko.


EMERGENCY SERVICES – 911 SERVICES

The services provided by Phonko do not support or carry any type of emergency calls, such as calls to any type of  hospitals, law enforcement agencies, medical care unit or any other type of emergency services. Phonko is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account, you are responsible to inform that user that it is not possible to support or carry emergency calls with services provided by Phonko.


INDEMNITY, LIMITATION OF LIABILITY AND WARRANTIES

     A)  Indemnification

You agree, at your sole cost and expense, to fully defend, indemnify and hold harmless Phonko, its 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.

     B)   Limitation of Liability

Phonko shall not be liable under any circumstances to you or anyone else for any incidental, direct, indirect, special, punitive, exemplary, or consequential damages, or for any damages for loss of data, loss of revenue or profits, relating to or arising out of the service, the use of or inability to use the service, the absence, delay, failure or outage of the service, the inability to dial 911 to access emergency service personnel, the inability to dial security, law enforcement or fire prevention/ protection services or systems, the device, the use of and/or inability to use the device, the installation of the device, and/or this agreement. Phonko shall not be liable for any delay or failure to provide the service, including 911 dialing, at any time or from time to time, or for any interruption or degradation of voice quality caused by any reason including but not limited to the following: an act or omission of an underlying carrier, service provider, vendor or third party, equipment, network or facility failure, service, maintenance, modification, shortage, or relocation, force majeure events such as but not limited to acts of god, adverse weather, strikes, fire, war, riot, government actions or terrorism, service, network or facility failure caused by the loss of power or internet service to Phonko or customer, and any cause that is beyond Phonko’s control, including without limitation the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, including 911 dialing, or degradation of voice quality. Phonko shall not be liable for unauthorized access to Phonko’s or customer’s transmission facilities or premises, equipment or for unauthorized access to, or alteration, theft or destruction of, customer’s data files, programs, procedures, or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of Phonko’s negligence or other acts or omissions. Phonko’s liability for any act or omission shall in no event exceed the service charges with respect to the affected time period. The limitations set forth herein apply to all claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability, and apply whether or not Phonko was informed of the likelihood of any particular type of damage. Further, you agree to reimburse Phonko for all costs and expenses related to the defense of any such claims, including attorneys’ fees and litigation costs. The provisions of this section shall be applied to the fullest extent of the law, but if any portion of this section is determined to be unlawful, then this section shall be construed to limit liability against Phonko to the fullest extent possible under the law.

     C)   Warranties

Phonko does 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. Phonko is not responsible for the content of communications transmitted through the services.


CHANGES TO AGREEMENT

Every once in a while Phonko may change the terms and conditions of this Agreement. Changes to this Agreement supercede all previously agreed to electronic and written Terms and Conditions. If you continue to be enrolled in, use, or pay for the services after any changes in the prices, charges, and/or terms and conditions have been made, you agree to the changes. Notices will be considered given and effective on the date posted on the Phonko website at www.phonko.com/terms .


CHARGES

You authorize Phonko to charge your credit or debit card by manually requesting to purchase credits on Phonko’s website. Your account shall be charged according to the rates stated on the website. You may use your Phonko account only so long as your account or credit card remains valid and in good standing. You agree to pay for all charges incurred by use of your Phonko account issued to you and comply with all other terms and conditions set forth herein.

Charges for the Service will be rated and charged in accordance with the rates provided by Phonko as provided in our price list or on the Website. Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole cent. All calls that are determined to have been answered incur a minimum one (1) minute charge. Timing on calls begins when the call is answered by the called party, including a voicemail or automatic reply. Phonko relies on reasonable and standard technologies to determine whether and when a call has been answered, including without limitation signals sent by the carrier connecting the call that indicates the commencement of call. These technologies are not perfect or entirely reliable and it is possible for call-commencement signals to be received in error. You must notify Phonko in writing of any disputed charges within sixty (60) days of the charges or you will be deemed to have waived your right to dispute the charges. 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.

In addition to the purchased credit, you will be charged a transaction fee, which is calculated according to the value of the credit you purchased. The transaction fee will be added to the total, and you will see it before confirming your purchase. By finishing your transaction you agree to this charge.

Your card or bank statement will show your purchases through our website as "Phonko - Voip credit". Sometimes our payment process will send request for authorization to verify that the card is issued and that the bank will allow it to be authorized. These authorizations will show in your card activity as pending $1 or $0 charges. However this is not a charge and it will disappear from your statement; depending on the bank , it will be removed from your statement in anywhere from a few minutes to a few weeks.

You are responsible for maintaining the confidentiality of your username and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You agree to notify Phonko immediately if you become aware at any time that your account or the Service is being stolen or fraudulently used, in writing by e-mailing Phonko customer care. You agree to be responsible for payment of all charges on your account’s detail report incurred as a result of the use of your Phonko account, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss.


BILLING DISPUTES

You must notify Phonko in writing within seven (7) days after receiving your credit card statement or from the time funds are debited from your Phonko account if you dispute any Phonko charges on that statement or that have been debited from your Phonko Account, or such dispute will be deemed waived. Notification of all billing disputes shall be sent to support@phonko.com

In case of a billing dispute, the records supplied by Phonko and our providers are to be considered final proof.


REFUNDS

No refunds.


THIRD PARTY

Your access to and use of a service provided by a third party service or content provider, including but not limited to your local mobile operator ("Provider"), may be subject to the Providers terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms of Service to the extent they are applicable. As soon as your call is connected to a phone number provided by Phonko, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call (e.g. even if the line is busy).


UNAUTHORIZED USE OF ACCOUNT

If a phone you use to access the services is lost or stolen, or if it is being used to access your account and/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.


CUSTOMER SERVICE AND SUPPORT

If you have questions, concerns or complaints about the Services, please send us an e-mail to our Customer Support department at support@phonko.com. Please allow 24-72 hours for a reply.


INFORMATION

In the course of using the services provided by Phonko, users may provide information about themselves which may be visible to certain other users (see the Privacy Policy to learn more about information collected on this Site). You understand that by posting materials or information on the Site or otherwise providing feedback and/or suggestions to Phonko you are granting Best To Call a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable license to use this information in the course of offering the services provided by Phonko. Furthermore, you understand that Phonko retains the right to reformat, excerpt, or translate any materials submitted by you.

Phonko reserves the right at all times to disclose any information as Phonko deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in Phonko’s sole discretion.


NOTICES

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@phonko.com


GOVERNING LAW

This Agreement and the relationship between you and Phonko shall be governed by the laws of the State of Nevada (USA) without regard to its conflict of law provisions.


SEVERABILITY

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.


PRIVACY

The services provided by Phonko utilize, the public Internet and third party networks to transmit voice and other communications. You acknowledge and understand that Phonko cannot guarantee that voice over IP communication is completely secure. You agree that Phonko may access all features of your account and the Services to determine whether the Services are being used fraudulently and/or in violation of this Agreement, and for any other purposes. You agree that Phonko shall not be liable for any lack of privacy. Please refer to our Privacy Policy at www.phonko.com for additional information.


ASSIGNMENT

Phonko may assign all or part of its rights or duties under the Agreement without notifying you. If we do that, we have no further obligation to you. You may not assign the Agreement or the Service without our prior written agreement.