RoamFone logo

Terms and Conditions

This document "Terms of Service (TOS)," constitutes an agreement between Roamfone.com and online phone rental branch of VIVE FZE, (Roamfone.com and hereinafter called "Roamfone," "the Company," "we," "our," "us," "Roamfone," "Roamfone.com," "VIVE,” "VIVE FZE," and/or words of a correlative or similar meaning which may include but not be limited to all of its agents, assigns and/or representatives) Telecommunications Corporation based out of Toronto, Ontario and the end-user (hereinafter called "Customer," "user," "you," "your" and/or words of a correlative or similar meaning- which, for the purposes of this agreement means the person(s) identified in Roamfone.com’s account records as the person responsible for payment of all charges or any other person(s) and/or assign which represents that person(s).

The Company is a provider of international telecommunications services. This document provides an in-depth description of our limits, warranties and acceptable use. In the event of ambiguity of between website information and this document, this document, "Terms of Service" dictates.

BY ENROLLING IN, USING, OR PAYING FOR THE SERVICE (S), YOU AGREE TO THE PRICES, CHARGES AND THE TERMS OF SERVICE OF THIS AGREEMENT.

SERVICE

The Company provides both domestic and international local and toll-free phone numbers for use to forward to a designated ring-to destination.

Service is provided on a month-to-month basis or an annual term; depending on the product or services you select at the time you place your order. Subsequent terms of this agreement will automatically renew on a calendar monthly/yearly basis (whichever applicable) without further action by you unless you arrange to cancel your Service. You are purchasing the Service for full monthly or annual terms (whichever applicable) which means that if you cancel your Service prior to the end of the term, you are still responsible for the full term's charges and any unbilled charges and/or fees to the end of the then-current term, all of which becomes immediately due and payable.

You acknowledge and understand that the Service provided you by Roamfone is not a traditional telephone service. Accordingly, the Service is subject to different regulatory treatment, which may differ from the regulatory treatment of traditional telephone services; such difference(s) may limit or otherwise affect your rights before telecom regulating agencies and/or departments and organizations.

The Company does not guarantee backup data for any voicemail message(s), voicemail greeting(s) or any other data/transmission(s) sent through its systems.

The Service(s) provided to you by Roamfone stand independent of any third party carrier(s) and/or other service provider(s) you may be using, or will use, in conjunction with our Service. This agreement applies only to those Services, which are owned and managed by Roamfone. In no way does this agreement cancel or amend any existing agreement(s) you may already have in place, or will have, with any third party carrier and/or service provider(s). Your agreement(s) with any and all third party carrier(s) and/or other service provider(s) are between you and the third party carrier(s) and/or other service provider(s). Such agreement(s) are NOT applicable to the Services provided to you by Roamfone. Further, Roamfone shall not be held liable for any action(s), or lack thereof, inadequacies and/or failures of any third party carrier(s) and/or service provider(s) you use in conjunction with the Service. You agree that you are solely responsible for any and all fee(s) due to any and all third party carrier(s) and/or other service provider(s) you use in conjunction with our Service.

SUBSCRIBER ACCESS

Upon setting up your account with Roamfone, Roamfone will assign you a unique password for easy access to your online account at the Roamfone operated website. Should you elect to do so, you may change your assigned username and/or password by logging on to the Roamfone operated website.

It is your responsibility to maintain the security and confidentiality of your account username and password at all times and you are solely responsible for any liability or damages resulting from your failure to maintain that security and confidentiality and for all activities that occur under your username and password. You must notify us immediately if you believe that your online account with Roamfone has been compromised by unauthorized access so that we may assign you a new username and/or password. All username and password resets will be sent only via email.

DIRECTORY LISTING/ PUBLICATION OF NUMBER (S)
We do not publish directories of any of the phone numbers owned and managed by Roamfone Access. Further, we will not assist you in publishing any of the phone number(s), provided you by Roamfone, in any directory.

It is possible for your phone number(s) to have been listed in a directory and/or on a website(s) or other publications at the request of the previous subscriber of your phone number(s) - this factor is beyond our control and we shall not be held liable for any harm or loss resulting from such.

Roamfone will not reimburse you, in any way, for any cost(s) associated with the publication of your Roamfone phone number(s). You are solely responsible for any costs, fees, damages and/or losses related to the publication of the phone number(s) we provide you.

COLLECT CALL AND OPERATOR SERVICES

Our Services do not support collect calls or operator services.

RESTRICTIONS ON USE

You agree to use the Service(s) provided you by Roamfone for legal and legitimate purposes. Unlawful, improper and/or illegitimate use may be defined by Roamfone or by any official government police agency, which notifies Roamfone of your unlawful use of the Service it provides to you.

You are liable for any and all content transmitted through the Service provide you by Roamfone. You are solely liable for the content of any and all transmissions sent through Roamfone systems as a result of your use of the Service, regardless of whether or not such content is solicited or unsolicited.

You shall not use the Service provide you by Roamfone for transmitting obscene, fraudulent, harassing, infringing, libelous or otherwise unethical content.

Roamfone reserves the right to restrict termination to certain geographical regions and/or certain special services hotlines at its sole discretion. Additionally, Roamfone reserves the right to refuse service to certain geographical regions at its sole discretion.

Roamfone may immediately cancel your Service and repossess any and all phone number(s) associated with your account if/when your use of the Service(s) provided to you interfere in any way with Roamfone ‘s ability to provide Service(s) and products to its other customers.

Should your use of the Service(s) provided you by Roamfone be deemed of a fraudulent, unethical or otherwise prohibited nature, by Roamfone, Roamfone reserves the right to immediately close your account, terminate all Service to it and repossess and re-assign any and all phone number(s) associated with said account, and deem forfeit any remaining balance on your Roamfone account. Roamfone shall not be held liable for any harm or loss you experience as a result of such actions. The Services may not be used to support a calling card platform of any kind.

You agree to comply with all applicable foreign and domestic laws and rules and regulations regarding the transmission of technical data exported or imported from Canada to your ring-to destination country. Further, you agree to hold Roamfone harmless of any damages or liabilities, of any kind, related to your violation of Canadian and/or International laws, rules and/or regulations while you are a customer of Roamfone.

REGISTRATION

When signing up for our Services you agree to furnish a true and accurate representation of your identity, contact information and billing information; and at subsequent times at the request of Roamfone. If you provide false or misleading information, or if we have reason to believe that you have presented false or misleading information, we reserve the right to cancel your account, any Services related to your account and refuse any and all of your current and future attempts to establish Service with us.

PAYMENTS AND BILLING

Rate information may be found under the "Rates" tab at: www.Roamfone.com under certain product pages. We may increase or decrease our rates from time to time, without prior notice. If such notice is given, such notice will be considered given and effective on the date such changes are made to the rate schedule and/or posted at the Roamfone website address. The new rates listed there supersede any and all previously agreed to rates.

You may obtain a monthly billing statement detailing usage for the previous month by accessing your online web account at the Roamfone operated website at the beginning of each month. Roamfone reserves the right to suspend or cancel your account and repossess and re-assign any phone number(s) associated with your account, without prior notice, for non-payment or any violation of any provision of this agreement.

You agree that you are solely responsible for ensuring that you maintain an adequate Roamfone account balance. While we may periodically send you email notifications regarding your account's status, we are not obligated to do so. Accordingly, in the event that we attempt to notify you of your account's status and are unsuccessful, you hold Roamfone harmless of any harm or loss resulting from the suspension and/or cancellation of your account and/or repossession and re-assignment of your phone number(s) as a result of the same.

We begin billing you for call time when the called party, or a voicemail system, answering machine, facsimile machine, a 'key press' greeting and/or a PBX/Auto Attendant, answers the call, and ends when one of the parties disconnects the call. It is important to note, however, that some foreign carriers with whom Roamfone must interconnect with in order to terminate calls to foreign regions, designate a call as "answered" at the first ring or after a certain number of rings and will thereby charge Roamfone for a completed call. In cases such as this, Roamfone will charge you as if the call was answered by the called party.

We reserve the right to obtain payment from any and all credit card(s) / PayPal accounts on file for your account with Roamfone, at anytime, without further authorization. Further, if payment is not immediately available on card(s), we reserve the right to continue to attempt to obtain payment until such a time, as payment is successful.

FEES, TAXES AND OTHER CHARGES

You agree to pay Roamfone all fees and charges as set forth on the Roamfone operated website. Further, you agree to pay all applicable county taxes, surcharges and other government imposed fees for use of the Service(s) provided you by Roamfone. Rates presented on Roamfone operated website do not include applicable taxes of the country of online user. You agree that the filing of all applications and/or forms or statements and reports, with respect to payment of taxes to federal, state and/or local taxing agencies and/or authorities, is your sole responsibility; you hereby release Roamfone from any and all responsibility and/or harm and loss with respect to this provision. Payments made via PayPal will be assessed a 3.5% service charge fee.

A $15USD handling fee will be assessed to any wire transfer payment(s) made to Roamfone. There is no fee for wire transfer payment(s), which exceed $5,000USD.

You will be billed for all traffic volume you accumulate per the rate schedule outlined under the "Rates" tab on our website, regardless of whether or not such volume was accumulated as a result of solicited or unsolicited calls, calls intended for you or not. All billings for all traffic volume is billed in per-minute increments; further, we will round partial minutes up to the next full minute. Actual billing will be done in 6-second increments.

A $10USD fee will be assessed to your account per each chargeback received. Any and all handling fees, taxes or any other fee(s) assessed to your account and/or listed in this TOS agreement are completely NONREFUNDABLE.

Any fee(s) not listed in this agreement are posted on the Roamfone operated website, under the "Rates" button, for your review.

REFUND POLICY

Roamfone will, upon your request, issue a refund of the UNUSED portion of your Roamfone account balance less any monthly dues and/or fees and other charges. All refunds must be processed through Roamfone.

A 20% handling fee will be assessed on refunds in which the original form of payment was either: PayPal or wire transfer. Further, all such payments are refunded only via PayPal- no exceptions will be made.

If you make a payment to Roamfone, and Roamfone suspects that you are or have been associated with fraud using our Service, your payment will be deemed forfeit immediately upon receipt. Accordingly, you will not be eligible for a refund of monies paid to Roamfone. Roamfone shall not be held liable for any harm or loss resulting from such action.

No credit allowance(s)/refund(s) will be issued, whatsoever, for any of the following, including but not limited to: non-usage, interruption of service, hung call(s), misdialed call(s), or any other activity which increases your call volume and/or account usage.

If you do not agree with a charge(s) to your account and/or credit/debit card, with respect to your account with Roamfone, you must notify us in writing both at billing@Roamfone.com and at the address written below, within thirty (30) days of the disputed transaction, with details substantiating the request. If you fail to notify us, as outlined above, within the time frame specified above, you agree to waive any and all right(s) to contest the transaction(s) in question. In no way does a billing adjustment/refund request constitute just cause for any delay in payment of the full amount due. Should Roamfone find that the billing adjustment/refund request is warranted, Roamfone will issue a credit to your Roamfone account within thirty (30) days of said decision.

Eco Carrier Inc.
Attention: Billing Department
327 Renfrew Drive
Markham, Ontario, Canada, L3R 9S8

CANCELLATION POLICY

You may cancel your account with Eco Carrier Inc., at anytime, provided all agreed upon monthly and/or annual or other dues and all outstanding fees have been PAID IN FULL. If you cancel your account prior to the end of the monthly or annual term (if applicable), you will still be responsible for the dues for that term and any other unbilled charges and/or fees, to the end of the term; the sum total of this amount is due immediately and will be charged to your credit/debit card.

Roamfone reserves the right to discontinue furnishing Services to you, cancel your account and/or block your access to our network and online interface, without incurring liability and without prior notice, if you breach any provision of this agreement in any way or if we deem such action necessary to protect us from fraud or otherwise protect our personnel, facilities or services. Without limitation, we may take any and all of the actions listed within this agreement at our sole discretion. Further, we reserve the right to suspend or discontinue service generally, at anytime, without prior notice.

If your account is cancelled, cancellation will take immediate effect. All Service(s) associated with your account will be immediately disabled and may not be available at a later date/time. Any and all phone number(s) associated with your account will be recycled back into our pool of available phone numbers for other customers to purchase. You will not be able to use any of the facilities and/or Services associated with your account after cancellation.

Roamfone does not have the ability to schedule cancellation for a future time/date.

Cancellation may be made online, by phone or via email. Please note that if you elect to email your request to cancel, your request may not be fulfilled immediately and may take up to ten (10) business days to process after we receive your email; during this time, your account will remain active and will continue to accrue charges and/or fees until such time as your request is processed completely. Further, if you elect to cancel via email you must contact us within the ten (10) day period to confirm that cancellation was completed and to obtain your cancellation confirmation number; if you do not obtain a cancellation confirmation number, your account may still be active and you will remain liable for any and all charges and or fees accrued.

You understand that following the cancellation of your service, for any reason, your previously assigned phone number(s) may be re-assigned, immediately, to another customer. Further, you agree that Roamfone shall not be liable for any damages (including but not limited to consequential or special damages) arising out of any such re-assignment and you hereby waive any claims with respect to such re-assignment, whether based on contractual, tort or other grounds, even if Roamfone has been advised of the possibility of damages.

Accounts that have been suspended by any reason my not be reactivated. Reactivation of an account may be considered. An activation fee will apply (fees may vary depending on kind of service subscribed to)

OUR RIGHTS TO LIMIT OR TERMINATE SERVICE OR THIS AGREEMENT

Roamfone can, without prior notice, limit or terminate the Service(s) it provides to you for this or any other good cause, including but not limited to: (I) if you or any user of your Roamfone account: (a) breach this agreement in any way; (b) provide false or misleading information about your identity; (c) use our service in anyway that disrupts our ability to provide Services to our existing customers; (d) use our service in any way that adversely affects our relationship with our vendors and/or our ability to offer Services to our future customers; (e) provide false or misleading credit and/or financial information to us; (f) become insolvent or go bankrupt; (g) are involved, either directly or indirectly, in any official police investigation Roamfone receives notification of; (h) constantly express your dissatisfaction with our Service and hinder, in any way, our ability to remedy any issues you may have with your Service (which may include, but is not limited to: constant phone calls and/or emails to us about the issues you have reported); (i) steal from us; j) interfere with our operations and/or network quality in any way; (k) refuse to pay when billed for service; (l) refuse to furnish information requested by us or present false or misleading information which is essential for billing purposes or for establishing your creditworthiness; (m) act in a manner that is threatening, harassing, obscene or otherwise inappropriate and/or abusive towards our representatives; (n) use our services in a fraudulent manner with the intent to deceive; (o) were previously served with notice of your breach of this agreement, were allowed to and took corrective action, but thereafter engaged in the same breach activity or a new breach of this agreement; (p) act in a manner which hinders or frustrates any investigation by us or others having legal authority to investigate our legal obligations.

Roamfone may limit or terminate your Service as a result of any new governmental regulations and policies, whether domestic or international, which it must adhere to.

WARRANTY DISCLAIMER

Roamfone WILL MAKE ALL REASONABLE EFFORTS, UNDER THE CIRCUMSTANCES, TO MAINTAIN ITS OVERALL NETWORK QUALITY. Roamfone MAKES NO WARRANTIES ABOUT THE SERVICE PROVIDED HEREUNDER, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, COMPLETENESS, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ACCORDINGLY, ALL SERVICES OFFERED BY Roamfone ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO CREDIT ALLOWANCES ARE PROVIDED FOR INTERRUPTION OF SERVICE OF ANY KIND. IN NO EVENT SHALL Roamfone BE HELD LIABLE TO YOU NOR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, ACTUAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION TO, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF YOUR CLIENT (S) GOODWILL, ARISING IN ANY MANNER FROM THIS AGREEMENT AND OR THE PERFORMANCE OR NONPERFORMANCE HEREUNDER.

PROPRIETARY

Roamfone maintains exclusive ownership of the service interest and title, including but not limited to all of its trademarks, copyrights and other intellectual property. Additionally, Roamfone maintains sole and exclusive ownership of the all telephone numbers and/or fax numbers managed by Roamfone's system, voicemail services offered through Roamfone, fax services offered through Roamfone and all technologies and software it creates. Any and all rights not expressly stated herein are retained by Roamfone.

COMMUNICATIONS

Notices are given by Roamfone via email, by a general posting on the Roamfone website and/or via telephone. Roamfone reserves the right to determine which method of communication it employs to communicate with you.

Roamfone will make all reasonable efforts to deliver email notifications to you regarding the status of your account. It is beyond our control if you do not receive the communications we attempt to deliver to your email address. Roamfone shall not be liable for any harm or loss resulting from the suspension, repossession and/or re-assignment of your assigned phone number(s) and/or cancellation of your account because you did not receive our email communications. Further, we may change or cease entirely all notifications at anytime without prior notice.

PRIVACY

In cooperation with any official investigation, we may disclose any and all of the information we maintain on record for your account, to any police agency, legal entity and/or any other third party which issues us a subpoena(s), search warrant(s), court order(s) or any other official demand(s) for information we maintain on record for your account. In the event that we receive a subpoena(s), search warrant(s), court order(s) and/or any other official demand(s) for information we maintain on record for your account, we reserve the right to immediately cancel your Service, repossess and re-assign any phone number(s) associated with your account and block your access to our website. Roamfone shall not be held liable for any harm or loss arising from such.

We may monitor your use of the Service we provide you for violations of this TOS agreement. We may take all necessary actions, we deem fit, if we suspect a breach of this agreement or if think it necessary to protect us from imminent harm or loss.

During the term of this Agreement, Customer grants the Company a license to use the Customer's name and logo, if applicable, in the Company's promotional material to advertise that the Customer is a client of the Company.  The Company agrees that it shall not share, sell, trade, barter or offer for free the use of the Customer's name, logo and affiliate data to any other individual, corporation or entity which is not owned in whole or in part by the Company.

BINDING AGREEMENT

This is a binding agreement. All parties named herein agree to be bound by the terms of this agreement for the life of this agreement.

You may not transfer your rights and/or obligations under this agreement without the expressed prior written consent of Roamfone.

HEADINGS OF NO FORCE OR EFFECT

The headings throughout this agreement are intended for reference only and have no effect or bearing on the meaning of any provision listed herein.

INDEMNIFICATION

You shall defend, indemnify and hold harmless Roamfone, its officers, directors, employees and agents from any breach of this Agreement, use of Customer's account or in connection with the placement or transmission of any message, information, software or other content using the Services. Roamfone shall be defended by attorneys of their choice at Customer's expense.

SEVERABILITY

Should any parts of this agreement be legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. In such a case, said invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.

ADDITIONAL PROVISIONS

Should a problem/issue arise with your Service you must notify us immediately so that we may remedy, to the best of our ability, the problem/issue you are having with your Service; if you fail to do so, you do so at your own risk.

You are responsible for reviewing the TOS available on the Roamfone website for any amendments to this agreement and/or our rates and/or other amendments to our Service. Your continued use of the Service, after Roamfone's posting of any amended version of its TOS, rates, and/or modifications to its Service, constitutes your acceptance and agreement with any and all amendments made and such modifications/amendments supersede any previous agreements between you and Roamfone.

You promise that you are of legal age to enter into this agreement and that you fully understand and fully agree with all of its terms and conditions. All content on this site is copyright protected and may not be reproduced, adopted, or transmitted without the prior written consent of Roamfone. This constitutes the entire Terms of Service agreement between the parties named herein and this agreement may only be amended by Roamfone.