ChitChat Communications, Inc. (dba RangeRoamer) Service Terms & Conditions

This is an Agreement between you and ChitChat Communications for communication services and related services, and will become effective when you purchase any SIM-card or other communication services from us. You agree and acknowledge that ChitChat Communications may refuse to accept this Agreement if ChitChat Communications believes that you may be unable to perform, in whole or part with the obligations hereunder.

Monthly Fee for Toll-Free or Local Access Number Forwarding

If you elect to keep your US-based number associated youre your RangeRoamer service beyond the first 30 days, a monthly fee of $3.99 will be charged to your RangeRoamer account as part of each month's invoice regardless of usage amount. The monthly fee will be charged to your account each month following the anniversary date of service. This charge will appear on your billing summary. Unless we receive notification of cancellation of your US-based number service the annual fee will apply.

Rates

ChitChat Communications rates are subject to change without notice. All calls using our Service are billed in one minute increments with partial durations rounded to the next full minute. For a complete list of country rates, please review the www.RangeRoamer.com roaming rates section or contact us at 888-ROAM-FREE.

Service Availability

Service is subject to account approval at our sole discretion. Service is normally available to your phone whenever you are able to connect to a GSM network in a country listed as having RangeRoamer roaming coverage. ChitChat Communications may choose not to provide service to countries or calling areas at its sole discretion. In addition, at any time the Company may prevent use of Service for any reason, including fraudulent calling patterns, excessive usage, billing irregularities and unlawful use. If your credit card is invalid or payment is declined by the issuer at the time a charge is attempted, you will not be able to use the Service until your account is paid in full.

Charges

You are responsible for paying all charges to your account including but not limited to: cellular minutes usage charges, forwarding features, monthly fees, and any applicable taxes, surcharges or other fees. If you activate Service on behalf of an entity but were unauthorized to do so, you will be personally responsible for all charges to the account and will be fully bound by this Agreement as though you had activated Service on your own behalf. Calls are billed in full minute increments with partial minutes rounded to the next full minute. Calls are measured from approximately the time the called party answers until approximately the time you press "End" or the other party disconnects from the line. Connected calls to fax machines, answering machines and voice mail will be charged in the same way.

Billing and Payment

ChitChat Communications will provide a detailed billing summary online as well as an itemized call list of all inbound and outbound calls made using RangeRoamer. The format of this billing summary may change from time to time. Billing cycle dates for postpaid service, where applicable, are calendar month end and may change from time to time. For postpaid accounts, all charges will automatically be posted to the credit card account of your choice or debited from your checking account on approximately the first day of the month following your month end calendar billing cycle. No additional notice or consent will be required for charging Service use to your credit card. If we are unable to collect full amount due on your account we may attempt collection by processing several smaller charges on your credit card or payment method on record. Charges may also be debited from your checking account with no additional notice or consent required if that is the payment method you have selected. For prepaid accounts, charges are prepaid using the credit card on file, and minutes usage charges and all other fees are deducted on an ongoing basis. If the auto-recharge option is turned on, low balances will result in automatic charging of your credit card and the value of these charges will be added to your prepaid account balance.

Disputes

All amounts due, including disputed amounts, must be paid by the due date regardless of the status of any objection. Disputed amounts can be addressed in the following ways: (1) by contacting ChitChat Communications support team by phone, or (2) in writing to the email or mailing address contained on your invoice. All disputes must be received within 60 days after the date of invoice. If these requirements are not met you will waive any objections. If the desired results are not achieved after attempting to resolve disputes, you must state this to be the case in writing and mail to the address contained on our invoice within 60 days after the date of invoice.

Service Termination/Default

Failure to pay any amount owed to us within 30 days after the date of invoice, or breach of any representations made to us or failure to perform any of the promises you made in this Agreement, or occurrences proceeding under the Bankruptcy Act or similar laws, will place you into a state of account default and we may, without notice to you, suspend Service and/or terminate this Agreement. You agree to pay all cost, including reasonable attorney fees, collection fees and court costs we incur in enforcing this Agreement through any appeal.

Cancellation of Service

You may cancel ChitChat Communications Service at any time. You may do so by (1) contacting our customer support team by telephone, or (2) by notifying us by email or in writing at the address contained on your invoice. All Service will be canceled within 2 business days of receipt of notice. Following cancellation, you are responsible for paying all charges owed on your account including but not limited to: roaming charges, features, directory assistance, monthly fees, and any taxes, surcharges or other fees.

Unauthorized Use/Stolen Phone

If your phone is stolen or if you become aware of unauthorized use of Service you must notify us immediately to suspend Service. You are responsible for all charges to your telephone until Service has been suspended.

Personal Account Information

Any person able to provide your name, address, mobile number and last 4 digits of the credit card on record or PIN is authorized by you to receive information about and make changes to your account, including addition or deletion of accounts. If you are receiving Service through a business calling plan from your employer, you authorize us to share your account information with your employer.

Change to This Agreement

We may amend the terms of this Agreement upon advance notice. If you do not agree to the amendment, you may terminate the Agreement immediately and you will not be charged any termination fees. If you use the service more than 30 days after we notify you of a change, you agree to that change. You have the option to change your ChitChat Communications service features at any time by notifying us. You are eligible to participate in any promotions for which you qualify, provided that you comply with all requirements of the promotion. All billing changes will be in effect by your next billing cycle.

Limitation of Liability

We are not liable for acts or omissions of another service provider, for information provided through your phone, equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages nor for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of Service by you or any other person. Our liability and the liability of any underlying carrier for any failure or mistake shall in no event exceed our service charges during the affected period. We and any underlying carrier are not liable for any incidental, punitive or consequential damages such as lost profits. We and any underlying carrier are not liable for economic loss or injuries to persons or property arising from the use of service. This paragraph shall survive termination of this Agreement.

Indemnification

You agree to defend, indemnify, and hold us, our affiliates and representatives and any other service provider, harmless from claims or damages relating to this Agreement or your promises or statements made in it and use of the Service. This paragraph shall survive termination of this Agreement.

No Warranties

We make no express warranty regarding the Service and disclaim any implied warranty, including any warranty of merchantability or fitness for a particular purpose. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this Agreement.

Binding Arbitration

Any dispute or claim arising out of or relating to this Agreement or service provided in connection with this Agreement will be resolved by binding arbitration except that (1) you may take claims to small claims court if they qualify for hearing by such a court, or (2) you or we may choose to pursue claims court if the claims relate solely to the collection of any debts you owe us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.

Arbitration Procedures

You must first present any claim or dispute to us by contacting us in writing at the address contained on your invoice, to allow an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved in 60 days. The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association. Any arbitration will take place in Chicago, Illinois, USA. An arbitrator may not award relief in excess of or contrary to what this Agreement provides, order consolidation or class arbitration, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.

Arbitration Expense

All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation.

Waiver of Punitive Damage Claims and Class Actions

By this Agreement you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

Privacy

We are not liable for any lack of privacy you may experience while using the Service. We have the right to intercept and disclose any transmissions over our facilities and to provide subscriber billing and call records and related information under certain circumstances (for example, in response to lawful process, warrants, subpoenas or to protect our rights or property.)

Assignment

We may assign all or part of this Agreement without such assignment being considered change to the Agreement, and without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written approval.

Governing Laws

This Agreement shall be governed by, enforced and construed in accordance with the laws of the State of Illinois.

Entire Agreement

These general Terms and Conditions represent the entire agreement between you and us and supersedes all prior offers, contracts, agreements and representations. This Agreement supersedes all promises made to you by our client services agents, representatives or employees. If any part of this Agreement is found invalid, the balance remains enforceable.

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