Thank you for using services provided by Americatel Corporation (“Americatel”).
I. GENERAL TERMS
Your agreement with Americatel consists of (1) this Customer Service Agreement (“CSA”), (2) the current rates and Surcharges, (3) the applicable schedules associated with the calling plan which you have contracted (“Calling Plan Schedules”) and any Letter of Authorization you have signed or Welcome Letter you have received (these components are collectively, the “Agreement”). BY CONTRACTING, USING, OR PAYING FOR THE SERVICES, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICES.
This Agreement applies if you have contracted Americatel’s UniendoAmérica, Americatel Prepagado, LineaPais and LineaPaís Prepagada service offering (the “Services”). Americatel reserves the right to change the terms of this Agreement (“Terms”) at any time.
This Agreement applies to state-to-state and international long-distance calls. State regulations and requirements, including tariffs filed with the State Public Service Commissions, may apply to your intrastate telecommunications services; except that this Agreement applies to calls made within a state in those states that do not require Americatel to file tariffs. This Agreement does not apply to calls made using Americatel’s 1010123 Casual Dial-Around or 1015688 Ametex Dial-Around Services.
A) Acceptance In its sole discretion, Americatel may accept or reject your order for Services for any lawful reason. Before activation of any Service, Americatel may check your credit, verify your identity, charge a deposit, prepayment or other fee to establish or maintain Services, or require that you execute any authorizations and verifications it deems necessary. For any number of reasons, the Services may not be activated immediately.
B) Notification of Account Changes You agree that you will notify Americatel when you change or cancel (A) your local telephone service, (B) your telephone number, or (C) your address. This is necessary in order for Americatel to continue your Americatel Service.
C) Notice of Rate Changes Americatel may change the per-minute rates and Surcharges (the term Surcharges is defined in section III.A) and other fees and Terms of the Agreement from time to time. Americatel may decrease rates without providing advance notice. Any increase in the per-minute rates or Surcharges or other Terms of this Agreement that may materially disadvantage you, will become effective only after Americatel notifies you at least 15 days in advance of such change by postcard, letter message within your invoice, telephone or email. Written notice to you will be sent to your last known address as reflected in Americatel’s records and is deemed to be accepted after deposit in the U.S. mail, postage prepaid, and properly addressed according to the address in Americatel’s records. Notwithstanding the above, in the event that Americatel’s cost of terminating calls to a particular destination increases with less than 15 days notice to Americatel, Americatel may increase its rates without providing written notice to you. Instead, Americatel will post the rate increase on its website at www.americatel.com. Americatel will not provide advance notice of changes to taxes and other charges required by law. Your continued use of the Services after any change in the per-minute rates and Surcharges or other Terms of this Agreement constitutes your acceptance of the changes.
D) Dialing Options Where Americatel serves as your sole assigned long distance company, you commence each long distance call by dialing 1+ (for domestic calls) or 011 (for international calls). When you contract Americatel’s plans on a contracted dial-around basis (Discado) you must commence each long distance call by dialing 1010123 or another access number provided to you by Americatel. For contracted dial-around plans, your current preferred assigned long distance
carrier will not change and will remain activated on your account.
E) Cellular Access Contracted Customers can access their Americatel service from their cell phones. Placing or receiving calls from cellular phones may consume minutes under your wireless plan. Using a local access telephone number from outside of its local calling are may generate long distance charges.
F) Payment Options Americatel Prepagado and LíneaPaís Prepagada are prepaid plans for which you may pay with your valid debit or credit card. You may also pay for Americatel Prepagado in cash by visiting an authorized retailer. Otherwise, your Americatel Service charges are billed in your local telephone bill.
G) Americatel Referral Program From time to time, Americatel will offer the Americatel Referral Program. The dates when any such offer is effective will be stated on Americatel's Website. When the Program is offered, if you are a contracted customer, Americatel will reward you each time you refer a new customer who remains contracted to an Americatel long distance plan for at least one month. Refer customers by calling 1-877-613-0123. Americatel will reward you by applying a $10 credit to your telephone account. The credit will be reflected in the telephone bill in the month following the month that the referred customer completes the qualifying one-month of activation. Americatel reserves the right to limit this Program to certain designated time periods or to discontinue it at any time.
H) Credit Limits and Deposits If Americatel bills you for the Services and we determine that you may be a credit risk because of (1) fraudulent or abusive use of any Americatel Services; (2) late payments for current or prior bills; or (3) high volume usage of the Services, we may require a deposit (or an advance payment as permitted by state law) to ensure payment for the Services. If you fail to pay for the Services when due, Americatel may use the deposit to pay your balance without giving notice to you. Similarly, Americatel may set a credit limit based on your payment history. If you exceed the limit, Americatel reserves the right to restrict your access to the Services, and will provide notice of such restriction as soon as reasonably practicable. Americatel may also require that you pay its charges in less than the standard 30 days from the invoice date.
I) Prepaid Services (Termination and Account Expiration) Your purchases of Americatel Prepagado or LíneaPaís Prepagada may be made with your debit or credit card. Per-minute rates, Surcharges and Government Mandated Charges will be charged to your authorized credit or debit card account.
Notwithstanding the foregoing, you are responsible for payment of all applicable charges if these cannot be charged to your debit or credit card for any reason. You must inform Americatel if your card expires, is lost, is stolen or is replaced or if you close the account or change the billing address.
Americatel Prepagado may also be paid for in One-Time cash purchases by visiting an authorized retailer. Prepaid service plans terminate when you call to cancel. Your: LineaPais Prepagada account also terminates when the charges applicable to the Service cannot be charged to your authorized debit or credit card for any reason. Additionally, your Americatel Prepagado account terminates on the earliest of the following dates (a) when the account balance is depleted, if the account is not recharged, (b) when the charges applicable to the Service cannot be charged to your authorized debit or credit card, or (c) six (6) months from the date of the first charge or last recharge, whichever charge/recharge occurs latest (this last termination is referred to as an "Account Expiration"). An Administrative Account Fee shall be assessed upon the date of the Account Expiration (See Section III(C) and the Americatel Prepagado Calling Schedule below). J) Cancellation of Service by Customer and Customer Service If you want to cancel your service and receive no additional invoices from Americatel, you should call Americatel at below listed telephone numbers to notify it of your desire to terminate. You may also call us at those telephone numbers for any other Customer Service Question. You must call Americatel at least 10 days before the start of the next payment cycle to stop the next month’s billing. You will be responsible for all charges incurred up to the date of cancellation and will be responsible for the full Surcharges applicable in the month of cancellation.
UniendoAmérica 877-613-0123 Americatel Prepagado 877-404-0123 LíneaPaís 877-805-0123 LíneaPaís Prepagada 877-889-0123
K) Restrictions on Use of Service The Service cannot be used in an unlawful, fraudulent or abusive manner.
LíneaPaís and LíneaPaís Prepagada are limited to personal use. Commercial use is prohibited nor can the Service be used for any use that does not involve a person-to-person conversation or voice messages. For example, the Service may not be used in connection with a business or for on-line services, Internet access services, commercial facsimile services, auto-dialing, resale, telemarketing, multi-party conference calls, 900 number services, chat lines, adult content lines, directory assistance, calling card services, operator services or other non-residential use. Americatel must be able to verify that Customer meets these eligibility requirements.
L) Discontinuation of Service by Americatel Americatel may discontinue prepaid service as noted in Section II(l) above. Americatel may also immediately discontinue or otherwise limit your use of the Services without notice if (1) Americatel has reasonable grounds to believe that you have used the Service in an unlawful, fraudulent, abusive or unauthorized manner, (2) you fail to pay for the Services, (3) Americatel determines that you are a credit risk, (4) you refuse to pay a deposit or adhere to a credit limit, required by Americatel to reduce your credit risk, (5) you fail to provide information, or provide false information, that is essential for billing, (6) Americatel has received notice from your local telephone company that the local telephone company has canceled your local exchange service, (7) you have breached this Agreement, (8) you have acted in a manner that is threatening, obscene, harassing, or abusive to Americatel personnel (9) Your telephone equipment fails to pass back to Americatel the appropriate signal to start and stop billing for a call or (10) the debit or credit card authorized by you fails to accept the Americatel charges for any reason.
Americatel may discontinue a service plan for any reason including but not limited to the discontinuation or interruption of service by Americatel’s underlying carrier or other third party telecommunications service provider or for any other business reason.
The discontinuance of the Services by Americatel does not relieve you of any obligation to pay Americatel for charges due and owing for Services furnished up to the time of discontinuance.
M) Unauthorized Use; Transfer of Service Prohibited You are responsible for preventing the unauthorized use of the Services, and you are responsible for payment for any such unauthorized use. Transfer of any Americatel Service to another person or entity is prohibited.
III. PAYMENT OBLIGATIONS
A) Calling Plan Rates and Charges You agree to pay Americatel for all Services at the rates associated with the calling plan that you selected. Payments must be in U.S. currency. The per-minute rates associated with the calling plans currently marketed by Americatel are set forth in the appropriate Calling Plan Schedule. You also agree to pay applicable Surcharges that are not taxes or otherwise required by the government to be assessed on you (“Surcharges”). Surcharges associated with particular calling plans are similarly set forth in the appropriate Calling Plan Schedule. You agree to pay any taxes and fees that are required to be paid by the government (“Government Mandated Charges”). The Government Mandated Charges vary by state and are not set forth on Americatel’s website. B) Per-Minute Rates Consult your Schedule for the per-minute rates associated with your Calling Plan.
Per-Minute rates for Mexico depend on whether the destination falls within the Mexico I, Mexico II or Mexico III region codes, as follows.
Mexico I: This designation applies to numbers in Mexico having the following first dialed digits after the country code (52):
Mexico II (or “Mexico Cities”) : This designation applies to numbers in Mexico having the following first dialed digits after the country code (52) (includes D.F, Guadalajara and Monterrey).
Mexico City (55)
Mexico III: This designation that applies to all other numbers in Mexico.
C) Surcharges Generally In addition to any applicable per-minute rates, Americatel may charge you the following additional Surcharges that are not taxes or otherwise required by the government: (A) Monthly Fee; (B) Monthly Minimum Consumption or Usage Fee; (C) Universal Service Fee that is assessed on all per-minute and other charges, (D) Monthly USF Administrative Fee, (E) Per-minute surcharge on calls to international cell phone destinations. To view the exact Surcharges that apply to your plan, please refer to the applicable Calling Plan Schedules.
D) Government Mandated Charges In addition to any applicable per-minute rates and Surcharges, Americatel will charge you for taxes, fees and other charges as may be required by any federal, state or local government. These are referred to in this Agreement as Government Mandated Charges. They are charges that Americatel is required to assess on its customers by law.
E) Billing Increments
Long Distance Calls are billed in increments of one minute except for calls under the following UniendoAmérica plans, which are billed in increments of three minutes:
|Especial I & II||Tu Gente|
|Business Professional||Business Premium|
|Business Selecto||Business Base|
F) Payment of Invoices Invoices must be paid within 30 days from the invoice date.
G) Late Payments Americatel may charge you interest equal to the lesser of 1.5% per month or the maximum rate allowed by law, for all late payments. The interest will be applied to the entire unpaid balance. Americatel may charge you a fee equal to the greater of $20 or 5% of the amount of the check, if your check, bank draft or electronic funds transfer is returned for insufficient funds.
H) Collection Agency If Americatel hires a collection agency to collect, or attempt to collect, any charges owed Americatel, you will be liable to Americatel for 1.5% per month of the unpaid charges, where permitted by applicable law. Additionally, if Americatel incurs any fees or expenses, including attorneys’ fees, in collecting, or attempting to collect, any charges owed Americatel other than hiring a collection agency, you will be liable to Americatel for the payment of all such fees and expenses reasonably incurred.
I) Disputes Disputes concerning any charges must be raised within 60 days of the invoice issue date or the date of the charge on your online account statement. Any charges not disputed within 60 days of the invoice date will be considered accepted. Adjustments to bills shall be made by Americatel or its agent to the extent that circumstances exist which reasonably indicate that such changes are appropriate. If after an investigation Americatel determines that the disputed amounts are in fact due, Americatel will require payment and, if necessary, may refer the account to a collection agency for collection. The undisputed portion of the relevant bill and all subsequent bills must continue to be paid on a timely basis.
Disputes may be raised by calling the below Customer Service telephone numbers.
UniendoAmérica 877-613-0123 Americatel Prepagado 877-404-0123 LíneaPaís 877-805-0123 LíneaPaís Prepagada 877-889-0123
YOU AGREE THAT AMERICATEL SHOULD NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS AGAINST AMERICATEL THAT ARISE FROM YOUR USE OF THE SERVICES. FURTHER, YOU AGREE TO REIMBURSE AMERICATEL FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS' FEES, UNLESS SUCH CLAIMS ARE BASED ON AMERICATEL’S WILLFUL MISCONDUCT. THIS PROVISION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.
B) Limitation of Liability
IF AMERICATEL’S NEGLIGENCE CAUSES DAMAGE TO PERSON OR PROPERTY, AMERICATEL WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF DIRECT DAMAGES TO THE PERSON OR PROPERTY UP TO A LIMIT OF $500 PER INCIDENT. IF AMERICATEL’S NEGLIGENCE CAUSES DAMAGE OF ANY OTHER SORT, AMERICATEL WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF AMERICATEL’S CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD.
AMERICATEL’S LIABILITY FOR WILLFUL MISCONDUCT SHALL BE LIMITED TO DIRECT ACTUAL PROVEN DAMAGES.
AMERICATEL WILL NOT BE LIABLE FOR PUNITIVE, RELIANCE, OR SPECIAL DAMAGES (UNLESS AN APPLICABLE STATUTE EXPRESSLY AUTHORIZES SUCH DAMAGES), AND AMERICATEL 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 AMERICATEL WAS TOLD THEY WERE POSSIBLE AND NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS (SUCH AS CONTRACT, TORT, STATUTE, MISREPRESENTATION) IT IS BASED.
AMERICATEL WILL NOT BE LIABLE FOR ANY DAMAGES IF SERVICES ARE INTERRUPTED, OR THERE IS A PROBLEM WITH THE INTERCONNECTION OF AMERICATEL’S SERVICES WITH THE SERVICES OR EQUIPMENT OF SOME OTHER PARTY.
AMERICATEL WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY THIRD-PARTY OR BY ACT OF GOD OR ARISING OUT OF ANY CAUSE BEYOND ITS CONTROL. THIS SECTION IV.B CONTINUES TO APPLY AFTER THE AGREEMENT ENDS.
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, AMERICATEL EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
V. DISPUTE RESOLUTION
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.
A) Arbitration Generally
The arbitration process established by this section is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16, except that, to the extent that the terms of this Agreement differ from the FAA, the terms of this Agreement control. Both you and Americatel have the right to take any dispute that qualifies to small claims court rather than arbitration. All other claims, controversies, or disputes between the parties will be resolved by arbitration regardless of the date of accrual of such claim, controversy or dispute. This includes any dispute based on any product, service or advertising having a connection with this Agreement and any dispute not finally resolved by a small claims court.
B) Number of Arbitrators The arbitration will be conducted by one arbitrator.
C) Arbitration Costs and Fees
The arbitrator shall award to the prevailing party, as determined by the arbitrators, all costs and fees. The term “costs and fees” as used herein shall mean all amounts payable by the prevailing party on account of the arbitration, including the arbitrators’ fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs (if they are incurred to enforce the arbitration provisions of this Agreement or any award thereunder), witness fees, and attorneys’ fees.
D) Applicable Arbitration Rules
The arbitration of any dispute involving $10,000 or less shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. The AAA’s Commercial Arbitration Rules and fee schedules will apply to any disputes in excess of $10,000.
E) Arbitrator is Bound by Agreement
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.
F) Joining of Disputes
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON. BY AGREEING TO THESE TERMS OR USING AMERICATEL’S SERVICE, YOU EXPRESSLY WAIVE ANY RIGHT TO BRING YOUR CLAIM ON A CLASS-WIDE BASIS OR IN THE FORM OF A CLASS ACTION.
G) Severability of Dispute Resolution
If any portion of this Dispute Resolution section is determined to be unenforceable, then the remainder shall be given full force and effect.
H) Contact Americatel
Before you take a dispute to arbitration or small claims court, you must first contact our Customer Service Department representative at the customer service numbers listed above or on your Americatel invoice for the Services, or write to us at the following address and give us an opportunity to resolve the dispute:
Attn: Legal Department Americatel Corporation 7361 Calhoun Place, Suite 650 Rockville, MD 20855
Any written correspondence must include the telephone number involved in the dispute. You must describe your dispute and provide Americatel with any supporting documentation. Likewise, if Americatel has a dispute with you, it will notify you by letter sent to your billing address and attempt to resolve it before pursuing arbitration.
I) Contact AAA
If the dispute cannot be satisfactorily resolved within ninety days from the date you or Americatel is notified by the other of a dispute, then either party may then contact the AAA in writing at AAA Service Center, 134555 Noel Road, Suite 1750, Dallas Texas 75240-6620 and request arbitration of the dispute. Information regarding how to initiate arbitration, about the arbitration process and the AAA’s Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org.
J) Written Submissions
The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using AAA’s telephonic procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location that the AAA selects in the state of your primary residence.
Any arbitration shall remain confidential. Neither you nor Americatel may disclose the existence, content or results of any arbitration or award, except as may be required by law, or to confirm and enforce an award. L) Time Limitation
ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE ON WHICH THE BASIS FOR THE CLAIM OR DISPUTE FIRST ARISES.
M) Regulatory Complaints
In addition to the procedures described in this section for resolving a dispute, you may also file a complaint with an appropriate federal or state regulatory agency.
VI. MISCELLANEOUS PROVISIONS
A) Entire Agreement
This Agreement and the terms of any calling plan, promotion, and/or authorized written communications you have received constitute the entire Agreement between you and Americatel, and supersede any and all prior agreements, oral or written, concerning the subject matter. If there is any inconsistency or conflict between the terms of any calling plan, promotion, and/or authorized written communications you have received and the provisions of this Agreement, the provisions of this Agreement will control.
You may not modify or assign this Agreement. In its sole discretion, Americatel may assign this Agreement.
D) No Waiver of Rights No failure to enforce any right or remedy under this Agreement shall be considered a waiver of any other condition or provision or the same condition or provision at another time.
E) Binding Effect
This Agreement is binding upon you and Americatel, our respective heirs, successors and permitted assigns.
If any part or provision of this Agreement is finally determined to be invalid or unenforceable under applicable law, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of this Agreement.
G) Governing Law
This Agreement is governed by and construed by the Federal Communications Act to the full extent applicable, and otherwise by the laws of Maryland, without regard to its choice of law principles, except that the arbitration provisions in the Dispute Resolution section shall be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pay for the Services.
Any liability or obligation of a party to the other party under the Services section
and the Payment Provisions section, will, in each case, survive cancellation or termination of this Agreement.
I) Heading of no Force and Effect
Headings in this Agreement are for reference only and have no effect on the meaning of any provision.
Calling Plan Schedules (Residential)
Cerca de Ti
UniendoAmerica Contigo Máximo
UniendoAmerica Para Ti
UniendoAmerica Plan Economico
UniendoAmerica Plan Especial I
UniendoAmerica Plan Espcial II
UniendoAmerica Tu Ahorro
UniendoAmerica Tu Gente
UniendoAmerica Tu Mundo
UniendoAmérica Tu Mundo Domesic Rate Option
Intrastate Call Rate Schedule
International Cellular Per-Minute Surcharge Schedule