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Terms and Conditions

You would be assigned an agent (if not referred by an agent) who will assist you throughout the sign up process, and will continue to service your location on an on going basis. Here is how the program works: These Terms of Service constitute the agreement ("Agreement") between WholeTel, Inc. dba Click2Recharge.com ("C2R", “distributor”, “us”, “our”, “POS” or "C2R") and the user ("you" ,"user" , “member”, “purchaser”, “merchant” or "Customer") of C2R’s prepaid or post paid products and services and all the third party products delivered through C2R POS system ("Service"). This Agreement governs both the service and the use of the C2R’s Point of sale delivery system website (POS). This Agreement also governs a user that has either signed up for a prepaid or Post-pay account using the C2R website or a user that has purchased a product from a merchant, agent or other provider other than C2R. BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. USE OF THIS WEB SITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF ALL TERMS AND CONDITIONS STATED HEREIN AND ANY OTHER PLACE ON THIS WEB SITE. DO NOT USE THIS WEBSITE IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS STATED HEREIN AND AT OTHER PLACES ON THIS WEBSITE.

PRIVACY:

Your privacy is very important to us at C2R. To better protect your rights C2R have provided the C2R Privacy Policy to explain our privacy practices in detail.

MERCHANT:

For purposes of this Agreement that term “Merchant” shall have the meaning afforded such term in the trade and shall specifically include, Merchants’ employees, officers, directors, independent contractors, sales representatives, buyers, successors and/or assigns.

RATES AND BILLING:

Rates and billing conditions for the products serviced by C2R are posted on the product and rates section of the website and are subject to change without any prior notice. Rates and billing conditions for the products serviced by third parties must be obtain from their respective website. Change in rates of C2R products may be due to circumstances outside the control of C2R such as changes to wholesale prices that it is charged by third party suppliers. Your service provider may charge you for using our access numbers. C2R recommend that you check with your supplier before using our products. Phone calls made from a pay phone to our toll free access numbers are subject to an additional surcharge. Different rates may apply for calls made to some premium numbers. C2R services are not intended for calls placed from Alaska and Hawaii. Calling rates, billing increments, fees, taxes, and other charges for the products delivered by C2R, are subject to change any time, without any further notice. C2R will not be responsible or liable for any change in calling rates, billing increments, fees, taxes, and other charges. In addition the Promotional duration could change any time without any prior notice. C2R does not guarantee call quality or connectivity, and will not be responsible or liable for reimbursement of lost minutes or reduction in the stored value of any product or service. Connection to a wrong number is a valid call. Online calling details are only available for C2R’s Pin less, rechargeable calling plans. Calls details records could only be made available for calls made is last 60 days. Call details provided by customer service of the third party carrier about the usage of their calling plans are final and will be considered authentic record/proof about the usage of the plan. All sales are final. Pins number, once issued/revealed are non refundable, non transferable and non exchangeable. Pin numbers have no cash value. Merchant should provide the customer service number(s) or email address of the product vendor to all his/her customer upon selling them the product, along with the pin or account number at the time of issue of product. Customer has to contact the respective customer service for all issues relating to a specific product or service. Service outages extending over few hours to a couple of days may occur. C2R will not be liable for such outages, and customers shall have no right to any refund, credit, compensation or damages from C2R because of service outage or any other situation arising out of service outage. C2R reserves the right to issue store (website) credit in lieu of credit on credit/debit card of the customer.

PAYMENT:

Merchant shall pay C2R as is set forth in Merchant agreement. If no payment terms are set forth in the merchant agreement, than payment is due, in full, on the terms mentioned on electronic receipt or electronic invoice received by merchant for that particular transaction.

TITLE TO INVENTORY:

In case of a consignment sale, Merchant agrees to hold the product Inventory in trust for C2R, notwithstanding that the product Inventory is located at Merchant’s place of business including but not limited to having stored on a computer system. Title to the product Inventory shall be vested in C2R until such time as Merchant withdraws a product from the Inventory and pays to C2R the full consideration therefore.

INTEREST:

Any sums due to C2R hereunder, which are not paid on or before the date payment is due shall be subject to one and one-half percent (1.5%) per month interest charge commencing from the invoice date.

TAXES:

Merchant shall be responsible for the collection and remission of all local state and national sales taxes imposed in connection with the retail sale of all the products and services delivered by C2R, either electronically by its website (POS) or by regular shipping methods for over the counter delivery, to end-users.

UNLAWFUL USE:

You shall use the Service only for lawful purposes. C2R reserve the right to immediately cancel your Service without notice, if, in our sole and absolute discretion, C2R determine that you have used the Service for an unlawful purpose. In the event of such cancellation, C2R will not be liable to refund any remaining balances on prepaid accounts. Post-pay accounts will be invoiced for the balance remaining upon termination. If C2R believe that you have used the Service for an unlawful purpose, C2R may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, C2R will provide information in response to law enforcement requests, lawful government requests, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others. It is a federal AND state offense to purchase any product or service by fraudulent means. Products and/or services purchased on this web site shall not be used for any unlawful purpose.

INAPPROPRIATE CONDUCT:

You shall not use the Service in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. C2R reserve the right to immediately cancel your Service without notice, if, in our sole and absolute discretion, C2R determine that you have used the Service or the product in any of the aforementioned ways. In the event of such cancellation, C2R will not be liable to refund any remaining balances on the prepaid account. If C2R believe that you have used the Service or the product in any of the aforementioned ways, C2R may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, C2R will provide information in response to law enforcement requests, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others . Furthermore, C2R reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.

FRAUD:

Please note that credit card fraud is a federal crime. All information related to fraudulent transactions, including but not limited to IP addresses, detailed call records, transaction data and email addresses will be collected and provided to appropriate law enforcement officials to assist in the prosecution of any persons attempting to commit fraud using the C2R service. Furthermore, C2R may deny or limit use of the Service for any lawful reason. If C2R suspects’ fraudulent use of the Service, it may suspended or terminated the service immediately. C2R will prosecute all offenders to the full extent of the law. C2R uses automated and manual systems to confirm proper credit card authorization, including having representatives call persons who have signed up for our service.

PROMOTIONAL MATERIALS:

Merchant agrees and acknowledges that it is the Merchant’s responsibility to make certain that any and all promotional material displayed by Merchant, including promotional material supplied by C2R, is in conformity with any and all State, local, or national laws regarding pre-paid and/or Post paid products and services. Merchant shall display all promotional material required by law.

SERVICE PROVIDERS:

Merchant understands and acknowledges that C2R is merely a distributor of products and services and not a service provider except mentioned as a provider on a particular product or service delivered through its POS system. C2R has no control over the performance of the products and services provided by third party vendors delivered by C2R POS. Furthermore, Merchant acknowledges that once a Product or a service is delivered to Merchant said product or service cannot be deactivated.

BANKRUPTCY BY SERVICE PROVIDERS:

C2R will not be liable or responsible to reimburse for loss of minutes or loss of value in product and services if the service providers or third party vendors of the products deliver by C2R declares bankruptcy.

WARRANTY:

C2R shall pass through to purchaser such warranties as are provided to C2R by the service provider of the product and services purchased by Merchant hereunder. The manufacturer’s warranties passed on to Merchant hereunder shall be the exclusive warranties provided to Merchant hereunder. C2R MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WHETHER BY FACT OR BY OPERATION OF LAW, IN CONTRACT OR TORT, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR REGARDING THIS WEB SITE, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PRESENTED IN THIS WEB SITE, OR ANY PRODUCT OR SERVICE SOLD OR PURCHASED THROUGH THIS WEB SITE. C2R controls this site. C2R reserves the right to make changes, as and when it deems necessary or appropriate, in any of the terms and conditions or any other information provided on this site.

LIMITATION OF LIABILITY:

Purchaser’s sole and exclusive remedy relating to purchases under this Agreement shall be the remedy afforded by the service provider to Merchant and/or Merchant’s customers. In no event shall C2R be liable under this Agreement for lost profits or revenues, or other incidental, special, or consequential damages arising in any manner from the use of any products sold on this web site. In no event shall damages awarded against C2R exceed the purchase price paid for the product out of which any claim may arise.

NO REFUNDS:

C2R shall not be obligated to provide any refunds for third party products and services nor shall also not be obligated to provide refunds for unauthorized use, deficiency in the quality, and availability of any product and service. Buyer assumes all risks immediately upon purchase of the product and/or services. Prepaid plans once sold are non-refundable and have no surrender value.

SECURITY ISSUES:

This site has security measures (SSL) in place to protect the loss, misuse and alteration of the information under our control. C2R however shall not be responsible for the security of your data or for fraudulent use of credit card to make purchases on this web site nor shall C2R be obligated to make refunds or to provide any compensation where such fraudulent use occurs. C2R will actively cooperate with law enforcement authorities in prosecuting any one who uses this web site or products/services sold over this web site for unlawful use.

SEVERABILITY OF PROVISIONS:

In the event that any section or portion of this agreement is deemed unenforceable by a judicial authority having jurisdiction over the matter, such section or portion shall be deleted form the Agreement, and the Agreement shall be enforced as if that section or portion was not a part of the Agreement in the first instance.

RESOLUTION AND DISPUTES:

Any dispute or claim between the user and C2R arising out of or relating to the Service provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its ARBITRATION RULES. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. The arbitrator shall have no authority to award punitive damages. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial. All administrative fees and expenses of arbitration initially will be divided evenly between Customer and Super Technologies, Inc. In all arbitrations, each Party will bear the expense of its own counsel, experts, witnesses and preparation of evidence in arbitration. The prevailing Party shall be awarded all attorneys' fees and costs attendant to each arbitration proceeding. The decision of the Arbitrator shall be final. The location of arbitration shall be Broward County, Florida, USA unless otherwise agreed to by both Parties in writing. If you initiate arbitration, you must notify C2R in writing at: Click2Recharge.com 5301 NW 53 Terrace Fort Lauderdale, Fl. 33309

ATTORNEY’S FEES:

In the event C2R employs the services of an attorney to effect the collection of any sums due hereunder, or to recover any Inventory or equipment, C2R shall be entitled to recover from Merchant reasonable attorney’s fees and costs incurred by C2R in effectuating such collection or recovery.

PROMOTIONS:

C2R will frequently run promotions for our customers. Credit for such promotions MUST be requested within 3 days of registration or transaction. All credit requests must be submitted either via email or by calling customer service, if available. Promotions are subject to change without notice. Credits, Vouchers or promotion credits are applied within 3 working days after receiving the credit request. Promotions are limited to one customer and or phone number. Unused coupons or promotional Vouchers have no cash value.

REFUND POLICY:

C2R will issue a credit or a refund, only for the products for which services are provided by C2R. If an incomplete calls that were charged. Upon verification, C2R will credit your account the amount charged. Verification is at the sole discretion of C2R and its employees. C2R has the right to reject any request for refunds. Such calls MUST be reported within 3 days of when they were placed and MUST be submitted either via email or by calling customer service, if available.

CANCELLATION POLICY:

You may cancel your service at any time by providing written notice (either via email or postage service). C2R will then shut down access to your account within 24 hours. For Prepaid customers, C2R recommend that you use up the remaining balance before terminating the account. C2R is not obligated to refund any unused balance in your C2R account as of the date of your discontinuance of service. Refunds will not be made against any credit obtained through promotions or referrals and any unpaid maintenance fees. C2R can only make refunds against funds that were charged against a members credit/debit card.

GOVERNING LAW:

By accessing this Site, you and C2R agree that all matters relating to your access to, or use of, this site and C2R’s services shall be governed by and construed in accordance with the State law of Florida.

All content and compilation of content included on C2R’s website, such as text, graphics, logos, button icons, images, audio or video clips, digital downloads and software, is the property of C2R and is protected by United States and international copyright laws. If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the Site, please contact C2R at: info@Click2Recharge.com or write to us at the following address: Click2Recharge.com 5301 NW 53 Terrace Fort Lauderdale, Fl. 33309