Terms & Conditions
WHAT IS EZ NETWORK?
By purchasing EZ Konek products, you indicate that you understand and agree to our Terms and Conditions as follows:
These Terms of Service constitute the agreement ("Agreement") between EZ Konek Telecom, LLC. ("we", "us", "EZ Konek Telecom, LLC.") and the user ("you", "user" or "Customer") of EZ Konek calling services and any related products or services ("Service"). You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as any additional rules or policies that are or may be published by EZ Konek from time to time. This Agreement in addition to any other rules and policies, make up the complete and exclusive agreement between you and EZ Konek regarding your use of the Services, and supersede and govern all prior proposals, agreements, or other communications. We may amend this Agreement at any time by posting the amended terms on the Site. Unless otherwise stated, all amendments will be effective immediately upon posting on the Site. This Agreement may not be otherwise amended except in a writing signed by both parties. Your use of the Web Site and Services shall constitute your acceptance of any amendments to this Agreement as well as additional rules or policies that are or may be published by EZ Konek, each with the new modifications. If you do not agree to any of such changes, you may request that your membership be cancelled. On occasions, EZ Konek will send you information about our promotions or news updates. Users have the opportunity to opt-out from receiving these notifications. You acknowledge and agree that such cancellation will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by EZ Konek. 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.
1. Customer Information:
The customer is responsible to communicate or maintain his/her contact information and address current in the EZ Konek database. This can be either done by the customer himself/herself by visiting his/her account or by calling EZ Konek Customer Support.
2. Usernames/Passwords/Personal Identification Numbers:
Please be aware that your Account information will be sent to the e-mail address that you entered on the application when you applied to become a EZ Konek customer. You are responsible for maintaining a current, operational, and secure e-mail address and for promptly reading e-mails from us so that we can notify you of updates to the Services and provide information concerning your Account. We are not responsible if others can access that email account and obtain your Account information. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to pay for the services charged to your account, whether or not you have authorized such use. We cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit/debit/charge card or password. If you believe that your Account and/or Password is being used in an unauthorized manner, you agree to contact us immediately so that the appropriate modifications can be made to your Account.
3. Service Outages:
Customer's existing third party provided telephone/cell phone services are used to deliver EZ Konek service. So normal functioning of customer's local telephone or cellular service is a pre-condition for accessing all EZ Konek services.
4. Availability of the Service:
EZ Konek service is currently available to make ONLY outgoing overseas calls from within the USA and Canada.
5. EZ Konek Calling Service is Not a Substitute for Your Local Telephone Service:
EZ Konek service is NOT a substitute for customer's local telephone service and so EZ Konek service does NOT support 911 emergency calling facilities.
6. Payment/Recharge:
EZ Konek service is a pre-paid long distance service ONLY and is available as long as there is a credit balance in customer's account. A customer is expected to replenish his/her credit balance from time-to-time by using credit/debit card. Alternatively customers may setup their account for 'auto recharge', an optional and free service, to avoid repeated manual recharge. Customers may recharge their account (manual or auto) either on line by logging on to his/her account or by calling EZ Konek customer service at 1 (800 000 0000).
7. Settlement of Negative Balance Situation:
On rare occasions negative balance in customer account may occur due to simultaneous calls made from more than one registered telephone numbers of the customer's account when the account balance is very low. In such rare situation the negative balance amount will be recouped from the next recharge amount of his/her account.
8. Billing Information and Monthly Statements:
All EZ Konek customers will have confidential access to their billing or usage information - for the current month and the prior three months - on the Website under "My Account" 24 hours a day, 7 days a week. Statements prior to this time period may be provided upon request. Periodically, our internal system will permanently erase outdated statements. In that event, these outdated statements will no longer be available at all. We may assess you a processing fee if you request a copy of a statement that is no longer available online.
9. Billing Disputes:
You are responsible for reviewing your monthly statements or billing information, as the case may be. You must notify us by e-mail at support@ezkonek.com of any disputed charges within thirty (30) days of the charge being posted to your Account. To the extent we determine that a billing adjustment is warranted, we will credit your Account as provided in the applicable Service Guide. If you fail to notify us of a billing dispute as noted above, you will waive all rights to bring any claim regarding the particular charge.
10. Remedies for Misuse of Your Account:
a. Cancellation.
You may discontinue using the Services at any time by notifying us by e-mail at support@ezkonek.com . We will then shut down access to your Account.
b. Fraudulent Use; Termination by EZ Konek.
You will not use the Services for any unlawful, abusive, or fraudulent purpose, including, for example, using the Services in a way that interferes with our ability to provide Services to you or other customers; or avoids your obligation to pay for the Services. If we have reason to believe that you or someone else using your Account or Password is abusing the Services or any of the promotion campaigns or using them fraudulently or unlawfully, we shall immediately suspend, restrict, or cancel your Account and your ability to use the Services without notice. We reserve the right, at our sole discretion to suspend, restrict or terminate your Account and your access to the Services and/or refuse to allow you to recharge your prepaid Services Account.
c. Other.
We may from time to time discontinue certain Services due to new laws and regulation
11. Rounding of Calls:
Fractional calls will be rounded UP to the next round minute e.g. a 12.4 minute call will be rounded to 13 min for billing only applicable to PIN-Free Long distance call service.
12. Return Policy:
In case a customer wants to close his/her account EZ Konek will refund any unused portion of the customer's credit balance less $3.00 cancellation fee. This is applicable for initial payment only. For balance of recharge money the customer should use up the balance fully by making calls and can not claim refund. Eligible refunds will be batch processed with an email confirmation to the customer on the last working day of the month in which refund is requested.
13. Rate Change Notification:
Rate changes may occur without any prior notice. However all rate changes will be posted on the web site for customer information. Customers are advised to monitor rates on the web time-to-time.
14. Access Numbers:
To access the Services, you must dial either the toll free number (e.g., 1-866-xxx-xxxx) or where available, the access number. Afterwards you enter the destination telephone number.
Before you use the access number, you should check with your local telephone service provider to ensure that no toll charges are associated with calls to that access number. We will not reimburse you for any charges assessed by your local phone company as a result of your dialing one of our access numbers. Similarly, if you use a cellular phone to dial one of our access numbers, we are not responsible for any additional charges your cellular service provider may levy on your account for using the Services on your cellular phone.
Never dial international 011... numbers directly from your registered phone - always dial the access number in order for the call to go through our Services and not through your home or mobile service provider.
Whenever you are using the access numbers, DO NOT PRESS the "SEND" KEY on your phone after you entered an international 011… number - your call is already connected. If you press the "SEND" key after your call is already connected your call might (if you have conference call feature enabled on your phone) go through your LAN line or mobile carrier directly and not through the Services.
15. Toll Free Access and Fees:
Though there is a toll free access number available for the customers, the use of this will bear a per minute toll free access fees in addition to the call rate where call is made.
16. Change of Account Number:
The account number is the customer's first registered telephone number and it can not be changed by the customer. All other registered numbers may be changed by the customer.
17. Charges and Payment:
a. International Calling Rates and Charges.
Our rates are listed on the Website and in the applicable Service Guides. We do not charge any fees for using this service. Rates for calls made from a toll free access numbers and international access numbers (non USA) are different than rates for USA local access numbers. You are responsible for checking all applicable rates before making any call using the Services.
b. Rating of International Calls.
Charges for telephone calls are measured in increments of one whole minute. All calls which are fractions of a minute are rounded up. Timing on calls begins when the call is answered by the called party. Timing terminates on calls when the calling party hangs up or EZ Konek's network receives an "on-hook" signal from the terminating carrier. We may change the billing period or billing increment from time to time by posting any such change on the Website at least five (5) days before they become effective, except that any change that is required by law or a governmental authority shall be effective immediately.
c. Taxes.
You must pay all taxes that we bill you for the Services unless you can show documentation satisfactory to us that you are tax exempt. Taxes will be in the amounts that federal, state and local authorities require us to bill you. We will not provide advance notice of changes to taxes except as required by applicable law.
d. Rate Changes.
The rates for the most part will not change. From time to time we may offer promotions and lower our rates temporarily or permanently. Because our rates are dependent upon the rates that are provided for us by the local carriers within each country, if they raise their rates, we might be forced to raise our rates as well. We will do our best to notify you by email you of any important rate changes.
e. Payment.
You need to buy a certain amount of credit to use the service. You may use the credit at the rates listed in our Service Guides. If you keep a credit card on file for automatic recharge, it is your responsibility to notify us of any changes to your credit, debit or charge card information, including the expiration date.
18. Quality/Connectivity and Billing Issues:
The EZ Konek service is an 'Information Service' based on VOIP technology and is provided on BEST EFFORT basis. EZ Konek does NOT guarantee the quality of such VOIP service to match that of conventional circuit switched PSTN service because that is technically infeasible. It is important that the customers be aware of this distinction. Customers must dispute any charges for the services used in writing (email accepted) to EZ Konek within thirty (30) days of the date of the charge or the customer waives any objection. Written statements disputing charges must be sent to: accounts@ezkonek.com or Billing Department: billing@ezkonek.com.
19. Reporting an Unresolved Charge Dispute with Credit Card Company:
While great care has been taken in the development of EZ Konek system to avoid such situation, we recognize our valued customer's right to report unresolved disputes on charges to his/her credit card company. However we strongly suggest the customer to view his/her purchase activity online and crosscheck with relevant credit card bill. EZ Konek sincerely wishes to maintain good and lasting relationship with its valued Customer and so it is advised that the customer discuss the transactions in question with EZ Konek through Customer Support at or by email at accounts@ezkonek.com first. EZ Konek maintains detailed log on every call made and every payment transaction by every customer for one full year. So we do not see any reason for any dispute not being solved by mutual discussion. If in case of dispute based on incorrect information is reported by the customer to its credit card company and is proved to be so, the customer agrees to be charged a $75.00 processing fee per erroneous dispute from his/her credit balance with EZ Konek. In case of shortage of fund in customer's account the balance may be collected from the customer through legal action, if needed. Excessive number of disputes may result in the cancellation of the customer account.
20. Use of Promotion Code to Open Account and Privacy:
By entering/using a promotion code of a referrer while opening EZ Konek account you understand that the specific referrer, if he happens to be a EZ Konek marketing partner, will have access to certain information on your account like name, email address, EZ Konek account telephone number, recharge dates, and amounts. EZ Konek marketing partners are legally bound to handle such information with strict confidentiality.
21. Indemnification, Limitation of Liability and Warranties:
a. Indemnity.
You agree to release, indemnify, defend and hold harmless EZ Konek, its subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") due to or arising out of your use of or conduct on this Web Site or the service. EZ Konek reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter. In addition, you agree to reimburse us for all costs and expenses, including attorneys' fees, related to the defense of any such claims, unless such claims are based on our intentional misconduct.
b. Limitation of Liability.
Except for damages caused by our intentional misconduct, we will not be liable for damages that exceed the amount of our charges to you for the services during the prior one month period. Under no circumstances will we be liable for any direct, special, consequential, incidental, indirect, exemplary or punitive damages, including, but not limited to, loss of profit or revenues, or increased costs of operation, even if such damages were foreseeable or we have been specifically advised of the possibility of such damages, and no matter how that claim is styled or on what legal grounds it is based (such as contract, tort, statute or otherwise). In addition, under no circumstances will we be liable for damages arising out of or related in any way to your inability to access, or your difficulty in accessing, the services through toll or local access numbers. As indicated earlier, we are not liable for any toll charges you may incur in using a local access number.
This section will remain in effect after the termination or expiration of this agreement.
c. Representations and Warranties.
You represent that all information provided by you in connection with your use of the Services is accurate and current. THE SERVICES ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction. No Warranties. THE SERVICE AND THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION, EZ Konek DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EZ Konek DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.
22. Remedies for Misuse of Your Account:
Without limiting any other remedies, EZ Konek may terminate or suspend your account and status as a Member if you misuse your account or any services.
23. Accuracy of Information Submitted to EZ Konek:
You are solemnly responsible for the truth and accuracy of all information you provide publicly or privately to us or other Users during the registration, or in any public message area, including but not limited to chat, discussion forms, and your e-mail. Your Information: (a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography or, if otherwise harmful to minors; (f) shall not contain any viruses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) shall not link directly or indirectly to any other site; (h) shall not contain any item that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation. EZ Konek will only use your information in accordance with our Privacy Policy.
24.Ownership of Data:
You acknowledge and agree that EZ Konek Telecom, LLC. owns all database information, collective and similar rights, title and interests worldwide and other proprietary information databases, and all information.
25.Intellectual Property:
No User shall receive any right, license or permission to use, manipulate, reproduce any of the EZ Konek trademarks, copyrights content, or other intellectual property rights without the prior written permission of EZ Konek Telecom, LLC.
26.Breach and Failure to Perform:
EZ Konek reserves the right to suspend, delete, terminate any current and future accounts by a user who violates any of the above terms and regulations of use of the Web Site. We reserve the right to perpetually suspend or terminate your use of our Web Site or your status as a member, if you breach this Agreement, or if we are unable to verify or authenticate any information you provide to us.
27. Release:
In the event that you have a dispute with an affiliate, re-seller, or any EZ Konek partner, you hereby acknowledge and agree to release EZ Konek and its agents and employees from any claims, demands and damages (both actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
28. General Compliance with Laws:
You agree to use the Services in a lawful manner that is consistent with the terms and conditions of this Agreement and all applicable federal, state and local laws and/or regulations. Notwithstanding any other provision contained in this Agreement, we reserve the right to immediately, and without notice, terminate, or otherwise discontinue, your Account and Password in the event we determine that you have violated any such term, condition, law and/or regulation.
29. Arbitration:
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted by a single arbitrator, who shall be an individual engaged in the practice of law. The arbitrator shall be selected by the AAA in accordance with its procedures. You have the right to be represented by counsel in arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. The arbitration shall be conducted in Miami, Florida by a panel of one arbitrator, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or EZ Konek may seek any interim or preliminary relief from a court of competent jurisdiction in Miami, Florida necessary to protect the rights or property of you or EZ Konek, pending the completion of arbitration.
No dispute may be joined with another lawsuit, or in arbitration with a dispute of any other person, or resolved on a class-wide basis. The arbitrator may not award damages that are barred by this agreement and may not award punitive damages or attorneys' fees unless such damages or fees are expressly authorized by a statute or provided for in this agreement. You and EZ Konek both waive any claims for an award of damages that are excluded under this agreement.