This service Agreement (this “Agreement”) contains all of the terms and conditions between Kamit communications Inc, (“Kamit communications Inc”) and the individual or organization (the "user") using the YINN communication service (the "Service").
In this Agreement, "we" and "us" means Kamit communications Inc, and "You" means the user that is using the Service. "yinn.ca web site" or "Our Site" means the Web site located at http://www.yinn.ca.
BY COMPLETING THE SIGNUP PROCESS AND AGREEING TO THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT YOU AGREE TO BE BOUND BY THESE TERMS AS WELL AS THE OTHER POLICIES OF Kamit communications Inc, INCLUDING THE TERMS AND CONDITIONS OF THE yinn.ca SITE AND THE PRIVACY POLICY. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE EXIT THE YINN REGISTRATION PROCESS NOW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SERVICE, SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE YINN SERVICES AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.
Service
YINN, Kamit communications Inc commercial brand provides users to the service with the ability to communicate with other people. Users can access the YINN service in various ways. 1. Using a land line or mobile access number. 2. Using an Asterisk server to connect to the YINN network. 3. Using an IAX softphone. Additional methods of connecting to your service may be added at any time with or without notice. The YINN pricing model is based on a per minute charge. Per minute pricing is displayed on www.yinn.ca site on the rates page. Choose the method of connecting to our service then choose the destination country to see the pricing. All users must have a positive account balance to be able to make calls to other people. You are able to make calls to any landline or mobile phone in the world using our service.
Payment & Billing
The YINN service is a pre-paid service. Payments must be paid in advance. To be able to make calls you must have money deposited in your account. This can be done during the intial signup for Service or after you have an account using the "recharge" function. Payment for YINN Service can be done via credit card(Paypal), Bank wire , Moneygram, Western union . You can access your call history or billing history reports in real time 24/365. Calls through YINN card accounts are billed at 30 second intervals. The URL to access your account is www.yinn.ca. Click the login link in the top navigation to access your account. If there are any disputes regarding billing of your account we will verify call detail records on our billing server. Kamit communications Inc reserves the right to make the final decision depending on the circumstances of the situation. It is up to the discretion of kamit communications inc to issue a refund for money that has been prepaid for the service. In the case of a refund kamit communications Inc may charge an administrative fee for the time required to process a refund. This refund fee will not be less than $25.00. There will be no refunds for personal phone number purchases. You are responsible for any calls made with your account login parameters. Make sure you keep this information in a secure place.
Quality of Service Issues
Due to the nature of communication via the Internet there can always be the possibility of downtime as well as quality of service issues. If you are accessing the Service using a softphone or your Asterisk server there might be quality issues due to the current status of the Asterisk system. Either on your end or on Kamit communications Inc's end. Whenever quality of service issues arise we will do our best to fix any problems as fast we can. You can email infoATyinn.ca if you experience any technical service issues.
Compliance with Agreement
It is within Kamit communications Inc ’s sole discretion as to whether you have violated the terms of this Agreement. Kamit communications Inc reserves the right to refuse anyone to signup for the SERVICE. Kamit communications Inc may also, in its sole discretion, prohibit any end user from using the Service. Kamit communications inc will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to such authorities any suspect activity it becomes aware of. You agree to report any violations of this Agreement by other persons to kamit communications inc to abuse@yinn.ca
Unsolicited email
You shall not use Unsolicited Commercial Email (“UCE”), referred to as “Spam”, or any form of unsolicited email to promote any of the Services associated with kamit communications inc . Spam means unsolicited email sent to persons with whom you have no relationship and/or who have not requested your information.
Inappropriate Content
You may not link to yinn.ca from any website which contains content that is slanderous, libelous, threatening, pornographic, obscene and or infringing that could give rise to any civil or criminal liability.
Reference to kamit communications inc /yinn.ca Competitors
You may not reference or place links to competitors of the yinn service (such as other Affiliate or Reseller Services) within emails sent from your yinn.ca account.
Use of kamit communications Inc Intellectual Property and Content
You are granted a limited, non-exclusive license to use selected images, logos, trade names, trademarks, copyrighted material and similar identifying material relating to us (“collectively, the "Licensed Materials") as provided by Kamit communications inc solely to advertise or market our Services. All of the material on the yinn.ca Site, including text, graphics, and other illustrations (“Content”) is the property of kamit communications inc.
You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, prepare derivative works based on, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without prior written consent of kamit communications inc . You may not use the Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Service will automatically terminate, you must immediately destroy any copies you have made of the Content, and we may end your authorization to use the Service.
Publicity
You shall not create, publish, distribute, or permit any written material that makes reference to kamit communications inc without first submitting such material to kamit communications inc and receiving its prior written consent.
Term of the Agreement
The Term of this Agreement shall become effective upon acceptance of the Terms and Conditions agreement agreed to by You during the signup process. Either You or Kamit communications Inc may terminate this Agreement at any time, for any reason or no reason, by giving the other party written notice of termination. There will be no refunds upon termination of the service.
Modification of Agreement
Kamit communications Inc may modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new Agreement on this Site. You will be notified of any such change through an email before a change is made. Modifications may include, but are not limited to, changes in the scope of the Service, payment procedures and terms and conditions of the Service. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT AS PROVIDED IN PARAGRAPH 7. IN THE EVENT YOU OBJECT TO A CHANGE, THE CHANGES THAT WERE ANNOUNCED WILL NEVERTHELESS BECOME EFFECTIVE UNLESS WE AGREE, IN WRITING, TO THE CONTRARY. YOUR CONTINUED USE IN THE SERVICE BY FAILURE TO TERMINATE THIS AGREEMENT FOLLOWING THE POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE yinn.ca SITE WILL CONSTITUTE BINDING ACCEPTANCE OF SUCH CHANGE OR NEW AGREEMENT.
Relationship of Parties
You and kamit communications inc are independent entities, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to make or accept any offers or representations on Kamit communications’s behalf.
Disclaimers
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICE OR WITH RESPECT TO THE SERVICES SOLD THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY OR NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE OR THE PROVISION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, AND IT WILL NOT BE LIABLE IN ANY WAY FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Limitation of Liability
We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising out of or relating to this Agreement or the Service, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Service will not exceed $50.
Indemnification
You hereby agree to indemnify and hold harmless kamit communications inc , its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses (including reasonable attorneys' fees, which will include an allocable portion of the expense of such party's corporate legal department), and costs (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are related to: (i) any claim that your use of the Licensed Materials infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you or on your behalf herein; (iii) the development, operation, maintenance and content of Your Site, and products and services offered from Your Site, or any claim related to Your Site, including, without limitation, content therein not attributable to us; or (iv) any representation or warranty made by You on Your Site or otherwise relating to the Services that exceeds the representations and warranties made by kamit communications Inc regarding such Services.
Independent Investigation
YOU ACKNOWLEDGE BY PRESSING THE "I ACCEPT" BUTTON BELOW THAT (A) YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS, (B) YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT, (C) YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Governing Law
This Agreement will be governed by the internal laws of the province of Quebec , without regard to the choice of law provisions thereof. Any dispute between the parties arising under this Agreement will be resolved by binding arbitration by an arbitrator to be conducted in Montreal , Québec , in accordance with the then current Commercial Arbitration Rules of the Canadian Arbitration Association (“CAA”). The arbitrator shall have the discretion to order that the cost of arbitration, including the arbitrator's fees, or other costs, and reasonable attorneys' fees, shall be borne by the losing party. The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Attorneys' Fees
If either of the parties hereto (or any successor thereto) resorts to legal action in order to enforce, defend or interpret any of the terms or the provisions of this Agreement, the prevailing party will be entitled to receive, in addition to such other remedies as will be awarded to it in such legal action, reimbursement from the non-prevailing party for all reasonable attorneys' fees and all other costs incurred in commencing, maintaining or defending such action (which will include an allocable portion of the expense of such party's corporate legal department). In addition, the prevailing party will be entitled to recover from the non-prevailing party post-judgment attorneys' fees incurred in enforcing a judgment against the non-prevailing party.
Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications.
Miscellaneous
All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or e-mail or upon receipt, if sent by certified or registered mail, return receipt requested. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Account Verification
All initial credit card payment signups are security checked and sent verification emails before an account is activated. You must respond to our verfication emails within 24 hours of signup or your account may be removed.
You must enter correct personal information, phone number and a valid email address when you signup for service. Any signups for service, whether paid or not paid, using false information is subject to immediate removal from the system without notice. If your phone number does not answer and/or email address is rejecting our emails, your account may be removed from the system during account verification.
Account Chargebacks and Disputes
Any chargeback on an account will result in a minimum $25 administrative fee debited to the account in question. The account will automatically be locked until the dispute is resolved. A negative credit report to credit reporting agencies may be filed in the name of the user of the account or the name on the credit card transaction that resulted in a chargeback.
We will assess support charges and time spent for responding to complaints at a rate of $65/hr. Each support email or response to a chargeback case will be charged a minimum of 10 minutes. If these charges are not paid we may file a bad debt report with the appropriate credit reporting agencies as well as enter the debtors name in credit reporting blacklists.
Support
Once signed up with yinn.ca you are entitled to support services at no additional charge. Once a yinn.ca user has utilized support services, by email and or phone, there will be no refunds of that account. In the case of a refund the account may be charged support fees of $65/hr.
Ekiga
Ekiga is an open source softphone based on Linux and Yinn support it. YINN is not the developer of Ekiga. . We are not responsible for setup and configuration of Ekiga. There will be no refunds if a user cannot understand or know how to configure Ekiga properly. http://www.Ekiga.org is the website to go to for Ekiga support.
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