Terms and Conditions of Service
- for customers who signed up before July 2010 -
Awareness of Terms and Conditions
Chengbao Communications, LLC (operating CallMeInChina.com, below referred to as CMIC) provides telephony services to you, subject to these Terms and Conditions of Service (TACOS).
We may change these TACOS or make new TACOS at any time. Although we will attempt to notify you through reasonable means when the TACOS change, we are under no obligation to do so.
You must provide accurate, complete, and current information about yourself as needed for registration and payment. In the event of a change, you must promptly update the Registration Information to ensure that it remains accurate, complete, and current.
You must be the owner of any destination phone numbers you provide to CMIC.
30 Day money back guarantee
We want you to be happy with our service. You can try it out risk-free for the first 30 days after sign-up. If at any point during that time you don't feel completely satisfied, just send us an email and we will refund your payment in full using your original payment method. If you used paypal, we will issue a paypal refund. That will return the funds into your paypal account. If you'd like them back in your bank account, you will need to log into your paypal account and transfer the funds to your bank there.
If you make use of this money-back guarantee, we will cancel your account and close your phone number immediately after issuing the refund.
You may only use this money-back guarantee once.
You can cancel your account with us at any time. This will stop any recurring payments. Your account will then expire on your expiration date and your virtual phone number with us will be closed at that time.
Credit card billing practices
All credit card transactions you submit to our service will appear on your statement as "Chengbao Communications, LLC" or "Call Me In China".
We charge your credit card when you first sign up, and then again each time your account reaches its expiration date (ie: once per month). We do this automatically. If you don't want this, you can cancel your subscription, which will prevent any automated rebills, but will also cause your account to expire and be closed on the expiration date.
If an attempt to charge your credit card fails, such as if your card has expired or doesn't have sufficient credit, we will give you a 5 day grace period to log into our website and update your payment information. After that period, we will need to suspend your account. If after 30 days we still haven't received payment, we will close your phone number. We need to do this since we incur ongoing costs to maintain our virtual phone numbers, so can only keep numbers for customers with accounts in good standing.
If you submit a credit card as payment, you warrant to us that you have provided true and accurate card information and that you are fully authorized to use that credit card. Should you commit credit card fraud of any kind in conjunction with our service, we will work with law enforcement agencies to help prosecute you to the fullest extent of the law.
There should be no reason to ever file a chargeback request for credit card transactions. We investigate all such requests as potential fraud, and are required to freeze all affected accounts while the investigation is in progress. If you believe a charge was made in error, simply contact our support team, and we will fix the problem (ie: give refunds if necessary).
You may NOT:
connect our Services to a phone line that is answered by multiple people (ie: a call center). Services are for individual use only (both business and private);
use our Services in any automated fashion;
impersonate or falsely represent affiliation with CMIC, its employees, owners, or contractors;
engage in any activity that would cause CMIC to be in violation of the terms of service it obtains from other parties;
interfere with or disrupt the operation of the Services, or equipment used in providing the Services;
allow any other individual to use your CMIC username and password to access our systems;
- verbally abuse, harass, or threaten CMIC, its employees, owners, or contractors.
You indemnify and hold harmless CMIC and its subsidiaries, affiliates, owners, officers, directors, agents, partners, employees, and contractors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, or your activities in conjunction with the Services.
Modifications to services
CMIC reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice.
Availability of services
CMIC makes a good faith effort to provide the Services in a reliable and consistent fashion. Our system is designed for 100% availability, though there may be outages caused by factors outside of our control, and no guarantee is made as to the availability of Services at a particular time.
CMIC reserves the right at any time and for any reason, including but not limited to your violation of these TACOS, to limit, suspend, or terminate your use of the Services. Such termination of your use of the Services may be performed without prior notice, and CMIC may immediately deactivate your account and/or bar all access to the same. CMIC will not be liable to you or to any third party for any termination of your access to Services.
If CMIC terminates your service because you violated our TACOS, we may retain some or all of any balance remaining in your account as liquidated damages. You will remain liable for any additional damages you cause CMIC by your violation of these TACOS. Please respect our TACOS.
Disclaimer of warranties
Your use of the Services is at your sole risk. The Services are provided on an "as is, as available" basis.
CMIC expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
CMIC makes no warranty that the Services will meet your requirements; that the Services will be uninterrupted, timely, secure, or error-free; that the results that are obtained from your use of the Services will be accurate or reliable; and that any errors in the Services will be corrected.
No information or statement, whether oral or written, obtained by you from CMIC or its officers, owners, directors, employees, or contractors shall create any warranty not expressly stated in the TACOS.
Limitation of liability
CMIC, including but not limited to its officers, directors, owners, employees, and contractors, shall not under any circumstances be liable for any direct, indirect, incidental, special, consequential, exemplary, or any other type of damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses even if CMIC has been specifically advised of the possibility of such damages. Your sole remedy regardless of the circumstances shall be the return of funds contained in your account that have not been disbursed or allocated to pay for Services provided or liquidated damages.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above may not apply to you.
You are solely responsible for any and all fees associated with obtaining access to CMIC and associated Services.
Notices to you may be made through electronic mail or via the CMIC website.
These TACOS constitute the entire agreement between you and CMIC. The TACOS govern your use of the Services, superceding any prior agreements between you and CMIC including but not limited to any prior versions of the TACOS. The TACOS and the relationship between you and CMIC shall be governed by the laws of the State of Delaware (United States) without regard to its conflict of law provisions. The failure of CMIC to exercise or enforce any right or provision of the TACOS shall not constitute a waiver of such right or provision. If any provision of the TACOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TACOS remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action you have arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action first arose or be forever barred. The section titles in the TACOS are for clarity only and have no legal or contractual effect.