Terms and Conditions:
APS takes every precaution to protect our users’ information. When a user submits sensitive information via the website, that information is protected both online and off-line. We take every precaution to protect our users’ information. When users submit sensitive information, such as credit card and personal information, this information is encrypted and is protected with the best SSL encryption software in the industry. To verify that APS is secure click on the Verisign emblem at the bottom of the page. In addition to encryption, APS complies with the Federal Communications Commission’s (“FCC’s”) rules regarding Customer Proprietary Network Information (“CPNI”). In compliance with the CPNI Rules, APS will only answer questions concerning CPNI from the person designated on the account when it was initially provisioned and only after the appropriate password or identifying information has been provided to APS.
Warranties and Limitation of Liability
The users of the APS web site voluntarily assume total responsibility and risk for their use of this web site and the internet. The APS web site is provided on an as is basis without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion.
User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of APS is done at the users own discretion and risk and the user will be solely responsible for any damages that incurs to the user’s computer system or loss of data that results from the download of such materials and/or data. No advice and/or information given by APS shall create a warranty of any kind.
Content and Uses of the Website
A. APS reserves the right to edit, copy and delete, in part or full, any content provided by its members. APS may make such changes, any time for any reason without the prior consent or notification of the author.
B. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under that user’s password and account, User agrees to immediately notify APS using the Contact Us feature to report any unauthorized use of users password, account information or any other breach or security.
C. If the user has a problem with the phone service or charges for those services, he/she will need to contact customer service using the information found on the APS web site. Please note that APS will only speak with the person designated on the account when it was established unless the person establishing the account changes the designated contact in writing.
D. Rates are subject to change without notice. User can monitor rate changes through the rate deck found on the front page or by logging in to the Customer Account Manager and going to the View Calls Page.
E. Rates for calls to cellular phones are generally higher. APS offers a rate deck that shows the cellular rates to each country to enable the user to make fully informed decisions.
F. User agrees to abide by all applicable laws and APS’ tariffs in using the APS web site and, to the extent allowed by law, agrees to defend, hold harmless, and indemnify APS from any damages caused by your violation of any applicable law.
G. APS reserves the right to discontinue furnishing service if the user is found to be in violation or attempted violation of the law.
Termination of Service
User may terminate this service at any time. Since this APS product is a (“Pay-As-You-Talk”) service all the user has to do is cease buying the product. If user has enabled Auto-Recharge he/she is responsible for visiting his/her Customer Account Manager and disabling the Auto-Recharge feature.
APS can and will, terminate service if user has obtained the service by fraudulent means.
Credit card fraud is a Federal crime. To that end APS will use all available methods to confirm proper credit card authorization and personal information provided by the user. Our system monitors each and every transaction and if fraud is suspected all information related to that transaction, including but not limited to IP addresses, detailed call records, transaction data and email addresses is collected and will be provided to appropriate law enforcement officials to assist in the prosecution of any persons attempting to commit fraud on the APS web site.
* For security purposes your first order has to be approved by an APS representative. You will be contacted shortly after placing your order to verify your information. Once your first order is approved, all following orders are approved immediately if all the information remains the same.
Any dispute arising under this agreement shall be resolved through a negotiation/mediation/arbitration approach. If it proves impossible to arrive at a mutually satisfactory solution through mediation. You and APS agree to arbitrate the dispute through the American Arbitration Association. Venue for any mediation/arbitration shall be proper in Alpharetta, Georgia.
Changes in Terms
Any and all terms herein, without limitation, can be changed or otherwise modified by APS without any prior notice whatsoever. It is the responsibility of the user to read these terms and conditions periodically to be knowledgeable about any changes.
Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny. All calls for which APS receives Answer Supervision shall incur a minimum one-minute charge. APS relies on Answer Supervision to determine whether and when a call has been answered. Answer Supervision is a signal sent by the carrier connecting the call to indicate the start of a call. Answer Supervision is generally received when a call is answered; however, Answer Supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment where no Answer Supervision is received, APS will commence billing forty (40) seconds following dial time unless the caller has terminated the call. You must notify APS in writing of any disputed charges within sixty (60) days of the charges or you will have waived your right to dispute the charges.
WARRANTIES AND DISCLAIMERS HYPRELINKS OR OTHER WEB PAGES ACCESSIBLE FROM THIS SITE WILL ENABLE YOU TO LEAVE APS’ SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF APS AND APS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. APS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY APS OF THE SITE. APS AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THE THIRD PARTY WEBSITES. ALL SERVICES AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED “AS IS”. APS DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OR TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICES OR MATERIALS, ANY TRANSACTION PERFORMED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY, OR AS TO THE QUALITY OF THE CALL. APS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTILY FROM ANY SUCH TRANSACTION. APS DOES NOT WARRANT THAT THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS OR INTERRUPTION NOR DOES APS WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. APS DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT PROCEDURES AND CHECKPOINTS TO STATISY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA IMPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, MATERIALS AND THE INTERNET.
EMERGENCY/ 911 CALLS YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY 9-1-1 CALLS ARE NOT INTENDED TO BE CARRIED/SUPPORTED BY THE SERVICES AND THAT NEITHER APS NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR SUCH CALLS OR YOUR FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE MATERIALS OR SERVICES. If you register for one of our pay services, you agree to be responsible for payment of all applicable charges incurred as a result of your use of the APS pay services, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. Due to our verification process, all funds may not be available for immediate use. APS will not offer any refunds or reimbursements for the purchase price of a calling card debit account. Calls made from a payphone may incur a surcharge. APS reserves the right to terminate any dormant account that has not been used of a period of ninety (90) days or longer. Information on this Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. APS may also make improvements and/or changes to the Site, Materials or Services at any time without notice.
LIMITATION OF LIABILITY IN NO EVENT WILL APS BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR MATERIALS, OR ANY TRANSACTION PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF APS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE.
INDEMNITY You agree to indemnify, defend and hold APS, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your improper use of any Services or Materials, or any violation of this Agreement by you. The provisions of this paragraph are for the benefit of APS officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
TERMINATION You agree that APS, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services or Materials, for any reason, or no reason at all. APS may also in its sole discretion and at any time discontinue providing the Materials, Services, or any parts thereof, with or without notice. You agree that any termination of your access to the Services or Materials may be effected without prior notice, and acknowledge and agree that APS may immediately deactivate or delete your account and/or bar any further access to the Services or Materials. Further, you agree that APS shall not be liable to you or any third-party for nay termination of your access to the Services or Materials.
EXPORT CONTROL LAWS The export and re-export of APS’ Materials are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you certify that you are aware of and will comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Materials to any destination requiring such a license. In addition , the Materials may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, the Taliban-controlled regions of Afghanistan or to any other country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located. Moreover, neither the Software nor Materials may be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nations maintained by the U.S. government. By downloading the Software and/or Materials you are certifying that you are not a nation of one of the above-listed countries or of any other country to which the United States embargoes goods, services or technology and that you are not a person of the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.