Terms and Conditions
(last updated September 12, 2007)
This web site contains the rates, terms and conditions for RingYard’s state-to-state
and international long distance services. It includes the services to consumers,
and provides the specific rates, terms and conditions. This web site will be continuously
updated to maintain a current record of RingYard’s long distance services.
1. Effective 12/1/06, these terms and conditions are subject to and part of the
RingYard Services Agreement.
2. You agree to prepay for all charges incurred with the RingYard calling service
and to comply with the other terms set forth here.
3. Your RingYard service is not transferable. You may authorize others to use your
account, but the responsibility of payment for the charges incurred remains yours.
You have the option to terminate your account at any time, once an account
is cancelled, it is blocked and permanently cancelled, by our network, however you
have the option of paying an override reconnection fee of $89.00 to re-activate
a blocked number. Re-activation usually takes 24-48 hours.
4. Charges for services, which will not vary depending upon
where and how you call,
will be rated and charged in U.S. dollars and effective tariffs. Charges by your
existing cellular service may apply.
5. The rates and charges applicable to RingYard calls are available to you upon
request after you have completed a call.
5b. Effective November 1, 2007 a 99 cents USD per month RingYard membership charge will be assessed.
6. For a state-to-state and long distance to
Jamaica only calls using the RingYard service your rate is 19.9¢ per minute.
7. You must notify RingYard of any address changes by keeping your online account
updated.
8. RingYard will attempt to provide such services as described in its marketing
material, but does not warrant such services to be error free or fit for any particular purpose.
9. You may not use RingYard services for any unlawful purpose, and you are responsible
for and will hold RingYard harmless against the consequences of unlawful use or
any slander, libel or other actionable content in any message.
10. The liability of RingYard, or any of its employees, agents or cooperating service
provider(s), arising from any misdelivery, non-delivery or any other errors or omissions
in the provision of such services is limited to an amount equal to the charge for
any such service(s).
11. The registration of RingYard accounts is subject to limited availability. RingYard
reserves the right to refuse to issue
certain card names. Other terms and conditions
apply.
12. Your account may be subject to a maximum monthly usage limit.
13. If RingYard suspects fraudulent, abusive or illegal use of your services, RingYard
may, among other things, suspend, restrict or terminate your account without notice.
14. RingYard reserves the right to deactivate or terminate your account without further notice
OR if your account remains inactive for a period of at least 24 months.
15. Price Changes. We may change the prices and charges for the Services from time
to time. Except as otherwise may be provided below or by any applicable state laws
and/or requirements, the following provisions shall apply for price changes. We
may decrease prices without providing advance notice. Increases to the prices or
charges for the Services are effective no sooner than fifteen days after we post
them on our Web site at www.ringyard.com. Increases to charges that recover our
costs associated with government programs are effective no sooner than three days
after we post the increases on our Web site. We will provide further notices of
increases to the prices and charges.
16. Failure to Pay. Upon advance notice, we may suspend, restrict, or cancel the
RingYard account and this Agreement, if you do not make payments for current or
prior bills by the required due date, including payments for late fees or any other
required additional charges. If the state where you receive the Services has different
laws and/or requirements relating to notice and disconnection of service, the state-specific
requirements will apply.
17. INDEMNIFICATION. YOU AGREE THAT WE SHOULD NOT BE RESPONSIBLE FOR ANY THIRD-PARTY
CLAIMS AGAINST US THAT ARISE FROM YOUR USE OF THE SERVICES. FURTHER, YOU AGREE TO
REIMBURSE US FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS,
INCLUDING ATTORNEYS' FEES, UNLESS SUCH CLAIMS ARE BASED ON OUR WILLFUL MISCONDUCT
OR GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.
18. LIMITATIONS OF LIABILITY. NOTHING IN THIS AGREEMENT LIMITS OUR LIABILITY, IF
ANY, FOR OUR WILLFUL OR INTENTIONAL MISCONDUCT. IF OUR NEGLIGENCE CAUSES DAMAGE
TO PERSON OR PROPERTY, WE WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF DIRECT DAMAGES
TO THE PERSON OR PROPERTY. IF OUR NEGLIGENCE CAUSES DAMAGE OF ANY OTHER SORT, WE
WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING
THE AFFECTED PERIOD. FOR ALL CLAIMS THAT ARE NOT THE RESULT OF AT&T's WILLFUL
OR INTENTIONAL MISCONDUCT, WE WILL NOT BE LIABLE FOR PUNITIVE, RELIANCE, OR SPECIAL
DAMAGES (UNLESS AN APPLICABLE STATUTE EXPRESSLY AUTHORIZES SUCH DAMAGES), AND WE
WILL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED
TO LOST PROFITS OR REVENUE OR INCREASED COSTS OF OPERATION. THESE LIMITATIONS APPLY
EVEN IF THE DAMAGES WERE FORESEEABLE OR WE WERE TOLD THEY WERE POSSIBLE, AND THEY
APPLY TO ANY NEGLIGENCE CLAIM THAT DOES NOT INVOLVE WILLFUL MISCONDUCT OR INTENTIONAL
MISCONDUCT, NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS (SUCH AS
CONTRACT, TORT, STATUTE, MISREPRESENTATION) IT IS BASED. WE WILL NOT BE LIABLE FOR
ANY DAMAGES — AND WILL BE LIABLE ONLY FOR THE AMOUNT OF OUR CHARGES FOR THE SERVICES
DURING THE AFFECTED PERIOD — IF SERVICES ARE INTERRUPTED, OR THERE IS A PROBLEM
WITH THE INTERCONNECTION OF OUR SERVICES WITH THE SERVICES OR EQUIPMENT OF SOME
OTHER PARTY. THIS SECTION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.
19. WARRANTIES. EXCEPT AS THIS AGREEMENT EXPRESSLY STATES, WE MAKE NO EXPRESS WARRANTY
REGARDING THE SERVICES AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ALSO MAKE NO WARRANTY
THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE,
INCLUDING, BUT NOT LIMITED TO, RINGYARD EMPLOYEES, AGENTS OR REPRESENTATIVES, TO
MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
20. MISCELLANEOUS. No Third Party Rights. This Agreement does not provide any third
party with a remedy, claim, or right of reimbursement. Acts Beyond Our Control.
Neither you nor we will be responsible to the other for any delay, failure in performance,
loss or damage due to fire, explosion, power blackout, earthquake, volcanic action,
flood, the weather elements, strike, embargo, labor disputes, civil or military
authority, war, acts of God, acts or omissions of carriers or suppliers, acts of
regulatory or governmental agencies, or other causes beyond our reasonable control,
except that you must pay for any Services used. Assignment. We can assign all or
part of our rights or duties under this Agreement without notifying you. If we do
that, we have no further obligations to you. You may not assign this Agreement or
the Services without our prior written consent. Notices. Except as otherwise may
be provided under any applicable state laws and/or requirements, notices from you
to RingYard must be provided as specified in this Agreement. Notice from you to
RingYard made by calling RingYard is effective as of the date that our records show
that we received your call. RingYard's notice to you under this Agreement will be
provided by one or more of the following: posting on our web site, recorded announcement,
bill message, bill insert, newspaper ad, postcard, letter, call to your billed telephone
number, or e-mail to an address provided by you. Separability. If any part of this
Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
Governing Law. This Agreement is governed by the Federal Communications Act to the
full extent applicable, and otherwise by the law of the State of Georgia, without
regard to its choice of law rules. This governing law provision applies no matter
where you reside, or where you use or pay for the Services.
21. Entire Agreement. This Agreement constitutes the entire agreement between us
and supersedes all prior agreements, understandings, statements or proposals, and
representations, whether written or oral. No written or oral statement, advertisement,
or service description not expressly contained in the Agreement will be allowed
to contradict, explain.
22. STATE LAW. You may have certain rights under the laws of the state in which
you receive the Services. To the extent applicable state laws do not permit this
Agreement to supersede such rights, those rights will govern the Services you receive. |