Terms and Conditions of Service
- Awareness of Terms and Conditions
- Credit card billing practices
- Modifications to services
- Availability of content
- Disclaimer of warranties
- Limitation of liability
- Exclusions and limitations
- General information
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.
We may change these Terms and Conditions of Service or make new terms at any time. Although we will attempt to notify you through reasonable means when the Terms and Conditions of Service 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.
You can cancel your account with us at any time. We will refund any remaining balance, and your CallMeInChina numbers will be closed immediately.
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 at signup, and then again each time your account balance goes below a threshold as indicated during signup. We do this automatically.
As described on our order-form, there are two costs to using our service:
- A monthly fixed fee for your phone number. This depends on the country where you select a phone number.
- A per-minute fee depending on talk-time. This depends on your destination country.
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).
ConductYou may not:
- 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 content
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 Terms and Conditions of Service, 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 Terms and Conditions of Service, 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 Terms and Conditions of Service. Please respect our Terms and Conditions of Service.
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 Terms and Conditions of Service.
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 Terms and Conditions of Service constitute the entire agreement between you and CMIC. The Terms and Conditions of Service govern your use of the Services, superceding any prior agreements between you and CMIC including but not limited to any prior versions of the Terms and Conditions of Service. The Terms and Conditions of Service 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 Terms and Conditions of Service shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Service 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 Terms and Conditions of Service 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 Terms and Conditions of Service are for clarity only and have no legal or contractual effect.