Store Agreement

 

Store Agreement

This Store Agreement explains in detail the terms and conditions that apply to your usage of the YELLOW PINLESS website ("YELLOWPINLESS.COM," "website" or "site") and all the services provided through it (the YELLOW PINLESS products and services).

In this Agreement, the terms "we," "us" and "our" refer to Welcome Tel Inc. and "you" or "your" means you, the Store of Welcome Tel’s products and services and user of its website (YELLOWPINLESS.COM).

This Store Agreement, in addition to our Privacy Policy and Fee Term, is the complete Agreement between you and Welcome Tel with regard to your usage of our services and website. All prior agreements and communications shall be superseded by this Agreement. 

1. General Terms

Acceptance of Terms:

1.1  By accessing and using this website and/or purchasing any service from Welcome Tel for resale, you accept this Agreement and acknowledge that you are legally bound to all its terms and conditions, as well as any additional or revised policies that Welcome Tel may publish in the future. 

1.2  If you do not accept this Store Agreement, do not access or use our site or sign up to resell our services.

1.3  In case of your improper usage of our site or services or violation of the terms and conditions of this Agreement, we reserve the right to remove your account and prevent you from accessing our website and services. We may also seek to obtain legal compensation for your improper usage of our site and service.

 

Changes to this Agreement:

1.4  This Store Agreement may be altered by YELLOW PINLESS at any time.

1.5  If there are changes to our pricing, fees or terms, we will notify you in accordance with regulatory requirements.

1.6  Amendments to this Agreement may be done by publishing the changes to the site, which shall take effect immediately upon posting, unless stated otherwise. No other amendments can be made to this Agreement except in writing that is signed by all parties involved.

1.7  Your continued use of our site and services after the changes to this Agreement have taken effect would indicate that you accept and agree to fully comply with the new terms and conditions as stated in the revised Agreement.

 

2. Service Description and Registration

Consent:

2.1.   Welcome Tel agrees to provide to you pinless calling services that you may resell to end users subject to the terms outlined in this Store Agreement. 

2.2.   By registering on our website, you signify your acceptance of all the terms and conditions stated here in this Agreement.

 

Store Information:

2.3.   You agree to provide true, accurate, complete and current information as required during your registration for YELLOW PINLESS services.

2.4.   You are responsible for immediately updating your personal information if it changes at any time.

2.5.   Should you provide false or incomplete information to us when you register, your account will be deactivated. We reserve the right to reject applications that contain false or inaccurate information.          

How to Register:

2.6.   You may register for our service online at YELLOWPINLESS.COM or over the phone via our toll-free number at (800) 211-6234.

2.7.   When registering over the phone, you may be asked to provide additional information via fax or email to facilitate the approval of your application.

 

Application Approval:

2.8.   Welcome Tel reserves the right, at its sole discretion, to approve or reject applications.

2.9.   We will provide you with a PIN and access number upon your successful registration so you can start selling our services.

 

3. Payments, Rates, Refunds, Warranties and Transfers

Payment:

3.1.   Welcome Tel offers only pre-paid services. Stores may use a credit card or debit card to deposit the correct amount to their account in order to resell the services.

3.2.   Payment is due upon application and will be refunded if the application is declined for any reason.

 

Rates:

3.3.   The rates and/or fees you will be charged will be based on the type of service you selected and purchased.

3.4.   You may also be charged for any applicable tax, duty or other fees in accordance with applicable laws.

3.5.   Welcome Tel reserves the right to change rates at any time during a service agreement period.

3.6.   We may change rates and fees for our special promotions.

3.7.   Rates and fees are subject to change without notice.

 

Refund Policy:

3.8.   All purchases made on YELLOWPINLESS.COM or through our phone sales system—or through any other method—are on a prepaid basis and are NOT refundable.

3.9.   In the rare event that we cannot fulfill our obligations and cannot offer an alternative service, your balance will be refunded to you.

3.11.  If you have any issues or disputes and want a refund, you are responsible for contacting Welcome Tel to discuss the matter.

 

Transfers:

3.12.   All of the services we offer are non-transferable.

 

4. Availability of Our Services

Access to Services:

4.1.   We cannot guarantee that our services will always be available. You acknowledge that our services may be interrupted at certain times for numerous reasons, including, but not limited to, maintenance, repairs, new service introductions or facility installations. In such cases, we will do our best to restore service as soon as reasonably possible.

4.2.   You acknowledge that you need the necessary devices and equipment to connect to our service and you agree that Welcome Tel is not responsible for providing you with any equipment to gain access.

Acts Beyond Our Control:

4.3.   Welcome Tel shall not be liable for unavoidable interruption, failure, delay or loss of service resulting from circumstances out of our control including, but not limited to, armed conflict, terrorist activities, power outages, fire, earthquakes or other natural disasters.

4.4.   If we fail to restore your service within fourteen (14) days, you may cancel your services and we will refund your unused balance.

 

5. User Responsibilities and Our Privacy Policy

Provide Accurate Information:

5.1  Our site, YELLOWPINLESS.COM, and our services are intended for individuals and entities who can enter a legally binding contract subject to the law.

5.2  In order to legally purchase our services, you must provide accurate information to us, including your complete legal name, billing address, email address and phone number.

5.3  If you knowingly falsify the information you provide us, your account will be terminated immediately.

 

Protect Account Information:

5.4  As a user of our website, it is your responsibility to safeguard your account information from unauthorized use.

5.5  Do not disclose your PIN or access number. We will not be liable for the unauthorized use of the information you share with third parties and we will not provide refunds or issue credits as a result of your negligence in this matter.

5.6  Please contact our customer service department at (877) 333-9220) if you suspect or would like to report the unauthorized use of your account.                

 

Privacy Policy:

5.7.   Please review our complete Privacy Policy at YELLOWPINLESS.COM to learn how we collect, use and protect your personal information.

 

6. Prohibited Behavior

Illegal Use:

6.1  As a registered user of our services, you must not use this site or the services we provide for any unlawful or abusive purpose.

6.2  Your use of our site and services must be in compliance with all regulations and laws, including all applicable telecommunication laws, in your country, state or local area.

 

Fraudulent Activities:

6.3  Credit card fraud and identity fraud are criminal offenses that we strongly prohibit and condemn.

6.4  We use both automated and manual verification systems to confirm credit card use and detect fraud upon authorization. We also have a system for tracking every user transaction.

6.5  If required by law, we will provide the proper law enforcement authorities any information we have that is related to fraudulent or illegal transactions.

 

7. Termination of Services

Reasons for Service Termination:

7.1  Welcome Tel may suspend or terminate your account, use of our services, or status as a Store for any reason whatsoever, and at our sole discretion. 

7.2  In particular, we reserve the right to terminate your account with us at our sole discretion for breach of this Store Agreement and for unlawful use of our site and/or services.

 

Notification:

7.3  We will notify you if we are reviewing your account for possible suspension or termination. Should you disagree with our decision, we may provide you at our sole discretion with some time to persuade us to keep your account active.

7.4  Notifications of service termination will be sent to the mailing address or email address that you provided during your registration.

 

8. Limited Liability

8.1  The total liability of Welcome Tel under this Agreement or in relation to any of our services shall be equivalent to, and will not exceed, the amount of money you paid us for (in other words, the value of) the specific service in dispute. 

8.2  Welcome Tel will not be held liable for any indirect, incidental, special or consequential loss, business interruption or damage of any kind that arise from your use of our services or our services not functioning properly or not being available.

8.3  Welcome Tel will not be liable to you for any action performed by third party companies, including any damage associated with a third-party service, channel or equipment.

8.4 Welcome Tel will not be held liable for any negligent or grossly negligent conduct on its behalf.

8.5 You agree to indemnify us with respect to any claim made against us in connection with your resale of our products or services.

 

 

9. Disputes and Claims:

9.1     You agree that any and all disputes between us will be resolved in the courts located in New York county in the state of New York, whether federal or state court.  You agree that you will not file a class action or become a member of a class action against us with respect to any claim arising out of or relating to this agreement or our services.

9.2     You agree that if you have a dispute with any of our services, you must contact our customer service department first and make a bona fide attempt to resolve issues out of court prior to considering any legal action.

9.3    This agreement shall be governed by the laws of the state of New York without regard to choice of law issues.

9.4      You and Welcome Tel agree that the commencement of any lawsuit or cause of action that is connected to or arises out of our site or services must be within one year after the particular occurrence or dispute occured; otherwise, the cause of action will be permanently barred.

 

 

Severability:

9.5 If any part of this Store Agreement is held to be unenforceable or invalid, the rest of this agreement will remain fully enforceable and valid. Our failure to implement a provision in this Agreement does not signify that we have waived our right to implement the provision.

 

 

 

 

10.  Miscellaneous Provisions

 

Assignment:

10.1 Welcome Tel may assign all or part of our duties and rights under this Store Agreement to any individual or party at any time without your consent. However, you may not assign your rights or obligations under this Agreement without prior written consent from us; without such permission, such assignment is invalid.

 

Entire Agreement:

10.2 This Agreement, in addition to our Privacy Policy and specific Fee Terms, constitutes all terms and conditions in their entirety that have been agreed upon by you and us.

10.3 This Agreement shall supersede and terminate all other previously existing understandings, statements, and arrangements between you and us, whether in oral or written form.

10.4 Neither you nor Welcome Tel will rely on any statement or representation by the other party or any third party that contradicts and is not expressly set out in this Agreement.

10.5 Amendments to this Store Agreement can only be made as provided in the relevant sections herein. No statement, advertisement or service description, whether verbal or written, that is not expressly included in this Agreement will be permitted to contradict or supplement this Agreement or our services.

 

Survival:

10.6 The rights of Welcome Tel under this Agreement shall survive the termination or expiration of this Agreement.

 

11. Customer Service and Complaints

Please contact our customer service department at (877) 333-9220 with any questions you have or to relay any customer concerns you’ve received, enroll in our services, or modify or cancel your service.

You must read the customer Fee Terms to better understand all fees charged to end users.  If any end user has a question or concern, you must provide the end users with our phone number so that they can call with any questions or concerns.