INTRODUCTION
This document Terms of Service, constitutes an agreement between Mediacare Spa, (hereinafter called "Mediacare an Italian corporation and the end-user (hereinafter called "the Customer" or words of a correlative or similar meaning, which, for the purposes of this agreement means the person(s) identified in Mediacare's account records as the person responsible for payment of all charges or any other person(s) and/or assigns, which represents that person(s). Mediacare is an Italian telecommunication Operator accredited and authorized from Italian ministry for economic development and communications (OP ID 337) operator telecommunication registry n. 123456 . This document provides an in-depth description of our limits, warranties, and acceptable use. In the event of ambiguity of between website (intaliantollfreenumber.com) information and this document, this document, "Terms of Service" dictates. BY SIGNING UP, ENROLLING IN, USING, ENTERING YOUR CREDIT/DEBIT CARD INFORMATION, AND/OR PAYING FOR THE SERVICE(S), YOU AGREE TO THE PRICES, CHARGES, AND THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE PRICES, CHARGES, AND/OR TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES DURING OUR NORMAL BUSINESS HOURS. We may change the terms of this agreement from time to time, without prior notice to you. Notices of amendment(s) made to this agreement will be considered given and effective on the date that such variations are posted at Mediacare. Further, the agreement posted shall supersede all previously agreed to electronic and/or written Terms of Service.
ARTICLE 1 - SERVICE
1.1 Mediacare provides Italian toll-free phone numbers for use to forward to a designated ring-to destination.
1.2 Service is provided on an annual term. Subsequent terms of this agreement expires automatically after one year but if the customer will recharge the account will automatically renew on a calendar yearly basis without further action. You are purchasing the Service for full annual terms, 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.
1.3 The Company does not guarantee backup data for any voicemail message(s), fax data and/or transmission(s), voicemail greeting(s) or any other data/transmission(s) sent through its systems. It is possible to lose said data, and in such case, said data cannot be recovered; regardless of the circumstances surrounding such a loss, Mediacare shall not be held liable for any loss or harm resulting from your use of these optional services.
1.4 It is strongly recommended that you test the Services upon initial setup and periodically thereafter to ensure the Services are functioning to your satisfaction. Should you fail to properly test the Services as recommended, you do so at your own risk and you shall be the sole party responsible for any loss or damages.
1.5 The Service(s) provided to you by Mediacare 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 that are owned and managed by Mediacare. 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 Mediacare. Further, Mediacare 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.
ARTICLE 2 - SUBSCRIBER ACCESS
2.1 Upon setting up your account with Mediacare, Mediacare will assign you a unique password for easy access to your online account at the Mediacare-operated website.
2.2It 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 Mediacare 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.
ARTICLE 3 - ACCOUNT OWNERSHIP
3.1 The owner of a Mediacare account is the person named as "Primary" contact in Mediacare’s account database. No other person or entity, named or unnamed, shall maintain ownership or rights to the account nor Service(s) provided therein.
3.2 You may not transfer ownership of your Mediacare account, nor the Services provided therein, to any party without the expressed consent of Mediacare.
3.3 In the event of a dispute regarding account ownership, Mediacare shall, in its sole discretion, determine the rightful owner.
ARTICLE 4 - DIRECTORY LISTING/ PUBLICATION OF NUMBER(S)
4.1 We do not publish directories of any of the phone numbers owned and managed by Mediacare. Further, we will not assist you in publishing any of the phone number(s), provided you by Mediacare, in any directory.
4.2 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. If you receive phone calls from a previous subscriber's callers, which is not uncommon, you should contact us immediately to cancel that phone number(s) and select a replacement phone number(s). Please note that you will not receive credit(s) for any such calls so it is in your best interest to contact us immediately to cancel the phone number(s).
4.3 Mediacare will not reimburse you, in any way, for any cost(s) associated with the publication of your Mediacare 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.
ARTICLE 5 - COLLECT CALL AND OPERATOR SERVICES
5.1 Our Services do not support collect calls or operator services.
ARTICLE 6 - RESTRICTIONS ON USE
6.1 You agree to use the Service(s) provided you by Mediacare for legal and legitimate purposes. Unlawful, improper and/or illegitimate use will be defined by Mediacare or, any official government police agency, which notifies Mediacare of your unlawful use of the Service it provides to you.
6.2 You are liable for any and all content transmitted through the Service provide you by Mediacare. You are solely liable for the content of any and all transmissions sent through Mediacare systems as a result of your use of the Service, regardless of whether or not such content is solicited or unsolicited.
6.3 You shall not use the Service provide you by Mediacare for transmitting obscene, fraudulent, harassing, infringing, libelous, or otherwise unethical content. Further, you shall not use the Service for distributing junk mail, chain letters, "spamming," telephonic solicitations of any kind or nature, or other such communications or content, regardless of whether or not such content is solicited or unsolicited.
6.4 Mediacare reserves the right to restrict termination to certain geographical regions and/or certain special services hotlines at its sole discretion. Additionally, Mediacare reserves the right to refuse service to certain geographical regions at its sole discretion.
6.5 Mediacare 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 Mediacare's ability to provide Service(s) and products to its other customers.
6.6 Your use of the Service(s) provided you by Mediacare subjects you to Italian and all international laws and regulations.
6.7 Should your use of the Service(s) provided you by Mediacare be deemed of a fraudulent, unethical, or otherwise prohibited nature, by Mediacare, Mediacare 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 Mediacare account. Mediacare shall not be held liable for any harm or loss you experience as a result of such actions.
6.8 The Services may not be used to support a calling card platform of any kind.
6.9 Foreign carriers and/or regulatory agencies may impose, upon the end-to-end international service they provide, limitations, restrictions and/or cease entirely your ability to use the Service Mediacare provides you at anytime, without prior notice. In such case, you must conform to said limitations, restrictions and/or entire cessation of service by the foreign carriers and/or regulatory agencies.
6.10 You are not authorized to charge services provided to you to the phone number(s) assigned to you by Mediacare and you may not request that any third-party service provider charge any such services to any number(s) provided you by Mediacare. Any such activity will constitute just cause for Mediacare to immediately cancel your. Mediacare shall not be held liable for any harm, loss or damages arising from such actions.
6.11 We may temporarily suspend and/or cancel Service to your account if you change your ring-to destination to a geographical region in which we prohibit termination. In such case, your account and phone number(s) will be disabled until your account is manually reviewed by our staff and/or cancelled entirely.
6.12 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 Italy to your ring-to destination country. Further, you agree to hold Mediacare harmless of any damages or liabilities, of any kind, related to your violation of Italian and/or International laws, rules and/or regulations while you are a customer of Mediacare.
ARTICLE 7 - INSTANT ACTIVATION
7.1 If you provide a free email address at sign-up (i.e., Yahoo!, Gmail, Hotmail, Live, etc.) your account may not be activated instantly. Additionally, we may require that you submit images of the front and back of the credit/debit card you've presented and images of your official identification (if your selected payment method is other than a credit/debit card, an image of your official identification may be required) before your account can be approved. Please allow at least 24 business hours for processing of this information.
7.2 You may not begin using the phone number(s) you've ordered until such time as your account is approved and activated by us.
ARTICLE 8 - REGISTRATION
8.1 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 Mediacare. 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.
8.2 If you attempt to sign up for an account that is affiliated, in any way, to an account that has been closed by our Legal Department, your request for Service will be denied and you will need to seek services elsewhere.
ARTICLE 9 - FEES, TAXES AND OTHER CHARGES
9.1 When you balance credit will ends the Service will be automatically suspended and you will not able to collect calls. Your account will be closed within 30 days, your phone number(s) repossessed and re-assigned. The payment method is only manual regardless of whether or not your Service is suspended your account will be closed within 30 days, your phone number(s) repossessed and re-assigned.
9.2 You agree to pay Mediacare all fees and charges as set forth on the Mediacare operated website. Further, you agree to pay all applicable taxes, surcharges and other government imposed fees for use of the Service(s) provided you by Mediacare unless you furnish us with proper and officially recognized tax exemption documentation. In the case that you furnish proper and officially recognized tax exemption documentation, said tax exemption will only apply from the date we receive said document, forward. You agree that the filing of all applications and/or forms or statements and reports, with respect to payment of taxes, state and/or local taxing agencies and/or authorities, is your sole responsibility; you hereby release Mediacare from any and all responsibility and/or harm and loss with respect to this provision.
9.3 Payments can by made with Paypal or wire transfer. the amount paid will be available on your number (s) upon receipt of the funds, net of any bank charges
9.4 You will be billed for all traffic volume you accumulate per the pricing 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 are billed in per-minute increments; further, we will round partial minutes up to the next full minute.
9.5 Any state, and/or local fees and/or taxes levied against Mediacare as a result of your use of the Service will be charged to your Mediacare account unless you provide proper and recognized tax exemption documentation.
9.6 Any chargeback(s) or "inquiry" received by Mediacare, with respect to a form of payment being used on your account, is just cause for Mediacare to immediately cancel your Service(s). Further, any and all phone number(s) associated with your account will be repossessed and may be re-assigned to another customer. We may refuse to provide Service to you indefinitely as a result of any chargeback/inquiry. Should we approve your request to re-open the account.
9.7 The number and the balance assigned are valid for one year (365 days). Upon expiry it will be necessary to pay a minimum of 150 € + VAT to reactivate the number. The payment will increase the credit balance available on your number which will be renewed for another 365 days
ARTICLE 10 - PAYMENTS AND BILLING
10.1 Payment (s) are due, in full, annual term ("due date"). If payment is not received on or by the due date and you do not have sufficient credit allowance, Mediacare will suspend your Service until payment has been received and posted to your account. Mediacare provide Annual plans only and are prepaid a year in advance. If you cancel service before your year ends or if service is terminated for any reason, you will not be reimbursed for the months not used.
10.2 Pricing information may be found under the "Rates" tab at: www.Italiantollfreenumber.com. We may increase or decrease our prices from time to time, without prior notice. If notice is given, such notice will be considered given and effective on the date such changes are made to the price schedule and/or posted at the Mediacare website address. The new prices listed there supersede any and all previously agreed to prices.
10.3 You may obtain a billing statement detailing usage by accessing your online web account at the Mediacare operated website.
10.4 Mediacare 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.
10.5 You agree that you are solely responsible for ensuring that you maintain an adequate Mediacare 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 Mediacare 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.
10.6 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 Mediacare 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 Mediacare for a completed call. In cases such as this, Mediacare will charge you as if the call was answered by the called party.
10.7 We reserve the right to refuse or reject payments sent to us from "unconfirmed" and/or "unverified" PayPal accounts. If your PayPal payment is accepted by our Accounting Department, your payment will be posted to your Mediacare account within 24 business hours. Further, all such payments are posted in the order in which they were received.
10.8 Before we will accept any wire transfer from you, we require that an image of your official government-issued identification be on file with our Accounting Department. Any such payment(s) sent, without first being given written approval to proceed with payment by our Accounting Department, will be held until verifiable identification has been received and approved by our Accounting Department. In such case, if identification is not received within seven (7) days from the date we receive your payment, your funds will be deemed forfeit and will be deposited by Mediacare.
10.9 All monies are payable to Mediacare in Euro currency only. If you send funds in any other currency, Mediacare may either reject your payment or convert the payment into Euro using the exchange rate in effect at that time.
10.10 You may not lower your account's Payment Settings below the minimum annual fee due for the phone number(s) you subscribe to.
10.11 We ask that you please allow at least 24 business hours, from the time we receive your PayPal or wire transfer payment(s), to have the payment(s) applied to your account. If your payment is received over the weekend period, your payment, if it is to be posted, will be applied to your account the following Monday; if your payment is received during a Italy holiday period, your payment will be applied to your account on the following business day in which we are opened.
10.12 The annual minimum fee(s) are due each year, regardless of usage. Any unused included plan minutes will expire at the end of each year and will NOT "rollover" for future use unless you recharge the account (number).
10.13 We reserve the right to dispute any chargeback initiated by you or Paypal. Further, you agree that Mediacare may furnish any and all information it has on file for your account to the chargeback originating banking or financial Institution in an effort to validate our dispute of the chargeback(s).
10.14 We reserve the right not to make available the funds until is deposited on Mediacare bank account. We shall not be held liable for any interruption of the Service during this interim waiting period. Because of this, we strongly recommend that you make such payment arrangements well in advance, to avoid interruption of the Service.
ARTICLE 11 - PORTABILITY
11.1 You agree that Mediacare maintains exclusive ownership of the Service(s) it provides to you.
11.2 You agree and understand that Mediacare is unable to influence the outcome of your request to port a number(s) into its systems. Further, Mediacare does not guarantee that your port request will be a success. If your transfer is a success, generally speaking, transfer requests for toll-free phone numbers, porting into our systems, take between 30 business days to process - it is important to note that this time frame is largely dependent on the speed with which your current provider responds to our request to port the phone number(s) into our systems. It is not uncommon for a transfer request to take longer than 30 business days; however. If your transfer request is unsuccessful, we may notify you of the response we received from your current provider; in such case, you may have the option of resubmitting the request.
11.3 You may port a phone number(s) away from Mediacare provided your account with Mediacare is active, in good standing, annual dues (including any unbilled charges and/or fees) have been PAID IN FULL, we have received a transfer request from your new carrier requesting to port the phone number(s) away, and the phone number(s) you are requesting to port have each been active on your Mediacare account for at least 90 days. If your Mediacare account does not satisfy ALL of the aforementioned criteria, Mediacare reserves the right to reject your request to port said phone number(s) away from Mediacare and you hereby waive any right to contest the rejection. If the port is successful, we will terminate our Service for that phone number(s); if unsuccessful, for any reason, our Service to the phone number(s) you were attempting to port away from Mediacare will not terminate and you will continue to be responsible for paying Mediacare all charges and fees for the phone number(s) in question.
11.4 You may port a phone number(s) into our systems provided you are the current owner of the phone number(s) you wish to port, you have an active Mediacare account in good standing, your request to port the phone number(s) has been accepted and approved by the current carrier of said phone number(s), and you have paid the monthly cost(s), upfront, for each of the phone number(s) you wish to port into our system(s).
11.5 A successful port request does not constitute the cancellation of your Mediacare account. If you request to port a phone number(s) away from Mediacare and your request is approved and the phone number(s) released, you will remain responsible for any and all phone number(s) and/or Services you still have with us. You will continue to be responsible for all charges and fees associated with the remaining Services on your account with Mediacare until such time as you cancel your Service with us ENTIRELY.
ARTICLE 12 - REFUND POLICY
12.1 If you make a payment to Mediacare, and Mediacare 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 Mediacare. Mediacare shall not be held liable for any harm or loss resulting from such action.
12.2 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.
ARTICLE 13 - CANCELLATION POLICY
13.1 Mediacare 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.
13.2 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.
13.3 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 Mediacare 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 Mediacare has been advised of the possibility of damages.
ARTICLE 14 - OUR RIGHTS TO LIMIT OR TERMINATE SERVICE OR THIS AGREEMENT
14.1 Mediacare 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 Mediacare account: (a) breach this agreement in any way; (b) provide false or misleading information about your identity; (c) use our service in any way 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 Mediacare 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) have been given written notice of an outstanding balance owed to us yet your balance remains unpaid for twenty-nine (29) days; (p) 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; (q) act in a manner that hinders or frustrates any investigation by us or others having legal authority to investigate our legal obligations.
14.2 If you file for bankruptcy, our rights to limit and/or terminate your Service and/or this agreement shall be governed by bankruptcy law.
14.3 Mediacare 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.
ARTICLE 15 - WARRANTY DISCLAIMER
15.1 Mediacare WILL MAKE ALL REASONABLE EFFORTS, UNDER THE CIRCUMSTANCES, TO MAINTAIN ITS OVERALL NETWORK QUALITY. Mediacare MAKES NO WARRANTIES ABOUT THE SERVICE PROVIDED HEREUNDER, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTIBILITY, 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 Mediacare ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO CREDIT ALLOWANCES ARE PROVIDED FOR INTERUPTION OF SERVICE OF ANY KIND. IN NO EVENT SHALL Mediacare 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. NEITHER PARTY SHALL BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF ANY PARTY OF THIS AGREEMENT, OTHER THAN FOR ANY DELAY OR FAILURE IN AN OBLIGATION TO PAY MONEY, TO THE EXTENT SUCH DELAY OR FAILURE IS CAUSED BY FIRE, FLOOD, EXPLOSION, ACCIDENT, WAR STRIKE, EMBARGO, GOVERNMENTAL REQUIREMENT, CIVIL OR MILITARY AUTHORITY, ACT OF GOD, INABILITY TO SECURE MATERIALS OR LABOR, OR ANY OTHER CAUSES BEYOND THEIR REASONABLE CONTROL. ANY SUCH DELAY OR FAILURE SHALL SUSPEND THIS AGREEMENT UNTIL THE FORCE MAJEURE CEASES AND THE TERM SHALL BE EXTENDED BY THE LENGTH OF THE SUSPENSION. THIS AGREEMENT SUPERCEDES ANY AND ALL PRESENT AND FUTURE AGREEMENTS MADE BETWEEN YOU AND Mediacare WITH RESPECT TO QUALITY, UP-TIME, RELIABILTY, AND GENERAL PERFORMANCE. Mediacare DOES NOT WARRANTY THE RELIABILTY, UP-TIME, QUALITY, AND GENRAL PERFORMANCE OF THE SERIVCE IT PROVIDES TO YOU. FURTHER, Mediacare MAKES NO WARRANTY THAT THE SERVICE(S) IT PROVIDES TO YOU WILL BE UNINTERRUPTED.
ARTICLE 16 - PROPRIETARY
16.1 Mediacare maintains exclusive ownership of the service interest and title, including but not limited to all of its trademarks, copyrights and other intellectual property. Additionally, Mediacare maintains sole and exclusive ownership of the all telephone numbers and/or fax numbers managed by Mediacare's system, voicemail services offered through Mediacare, fax services offered through Mediacare and all technologies and software it creates. Any and all rights not expressly stated herein are retained by Mediacare.
16.2 We reserve the right not to disclose our carrier/supplier information to you.
ARTICLE 17 - COMMUNICATIONS
17.1 Notices are given by Mediacare via email, by a general posting on the Mediacare website and/or via telephone. Mediacare reserves the right to determine which method of communication it employs to communicate with you.
17.2 Mediacare 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. Mediacare 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.
17.3 When contacting us via email voicemail, we ask that you allow at least 24 business hours, from the time we receive your inquiry, to receive a response from us. Occasionally, response times may be greater, depending on the volume of communications we receive from our other customers. All communications we receive are handled in the order in which they were received. If you do not receive a response within 24 business hours, we strongly recommend that you contact us by phone (during our normal business hours) to have your concerns addressed; if you fail to make such contact, in such case, you do so at your own risk and your matter will remain in the queue until it is handled by our support staff.
17.4 When communicating with us via phone you may be asked to verify your account number, the name on file for your account, and the full billing address you provided; if you are unable to verify this very basic information our support staff will be unable to assist you. We ask that you please call back when you have this information available.
ARTICLE 18 - PRIVACY
18.1 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. Mediacare shall not be held liable for any harm or loss arising from such.
18.2 We may monitor your use of the Service we provide you for violations of this TERMS OF SERVICE 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.
18.3 In an effort to protect our subscribers from fraud, Mediacare actively analyzes all new accounts and existing accounts to identify and block individuals suspected of fraud from using our Service now and in the future. We may share this data (including, but not limited to, IP addresses, email addresses, the credit/debit card number(s) used, etc.) with third-party payment processors and/or Law Enforcement agencies in an effort to reduce fraud.
ARTICLE 19 - BINDING AGREEMENT
19.1 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.
19.2 You may not transfer your rights and/or obligations under this agreement without the expressed prior written consent of Mediacare.
ARTICLE 20 - INDEMNIFICATION AND SEVERABILITY
20.1 You shall defend, indemnify, and hold harmless Mediacare, 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. Mediacare shall be defended by attorneys of their choice at Customer's expense.
20.2 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.
ARTICLE 21 - ADDITIONAL PROVISIONS
21.1 Should a problem/issue arise with the Service you must notify us immediately so that we may remedy, to the best of our ability, the problem/issue you are having with the Service; if we are unable to remedy the problem you are having with the Service you will be offered a replacement phone number(s), at an equal or greater monthly cost. If you opt not to take the replacement phone number(s), you may continue to use the problematic Service at your own risk.
21.2 You are responsible for reviewing the TERMS OF SERVICE available on the Mediacare 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 Mediacare’s posting of any amended version of its TERMS OF SERVICE, 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 Mediacare.
21.3 As we are a Italy-based company, we observe all Italy national holidays. During such times, our offices will be closed; our regular business hours will resume following the holiday period. If you have in inquiry during a period in which our offices are closed, please send us an email at info@mediacare.it or call us on the next business day following the holiday period.
21.4 Should you violate any term(s) of this agreement, Mediacare reserves the right to immediately cancel all Service(s) it provides to you.
21.5 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.
21.6 ALL content on this site is copyright protected and may not be reproduced, adopted, or transmitted without the prior written consent of Mediacare.
21.7 This constitutes the entire Terms of Service agreement between the parties named herein and this agreement may only be amended by Mediacare.