Terms

Terms of Use and Customer Agreement

Introduction

Prepay TopUp is an authorized dealer of various mobile phone carrier products as listed on this website. Your use of the http://www.PrepayTopUp.com Web Site constitutes your agreement to and acceptance of the additional terms and conditions, which are produced below:

1. Notice of Agreement/Legal Document.

THE FOLLOWING DOCUMENT IS A LEGALLY BINDING AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE YOU USE THE SERVICES, GOODS, PRODUCTS AND/OR MECHANDISE (hereafter, “PRODUCT(S)”) PROVIDED BY THIS WEB SITE AND BEFORE YOU AGREE TO PURCHASE ANY PRODUCTS FROM THIS WEB SITE. BY USING THIS WEB SITE OR BY AGREEING TO PURCHASE ANY PRODUCTS FROM THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEB SITE AND SHOULD EXIT IT IMMEDIATELY. THE PREPAYTOPTUP.COM WEB SITE IS PROVIDED TO YOU, THE CUSTOMER, BY PREPAY TOPUP INC. D/B/A PREPAYTOPTUP.COM SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

2. Parties.

Prepay TopUp (hereinafter referred to as “prepaytopup.com" or the “Web site") is a Delaware corporation, with a legal address of 25900 Greenfield Road Oak Park Michigan 48237

“CUSTOMER," “YOU," and “YOUR" refer to:

the natural person using this Web site, regardless of whether he or she is acting is his or her individual capacity, or as the agent for any other natural person or business entity; and the natural person who is the principal of any electronic agent(s) using this Web site, regardless of the number of layers of electronic agency that may exist between the natural person principal and the electronic agent(s) using this Web site.

In this Agreement, prepaytopup.com and YOU may sometimes be referred to collectively as the “PARTIES." Where this Agreement uses the term “PARTIES," it intends both YOU and prepaytopup.com
Unless the context clearly requires otherwise, as used in this Terms of Service and Customer Agreement, the name “prepaytopup.com," standing alone (as opposed to being used as a modifier in a phrase such as “prepaytopup.com Web Site") shall be construed to include all of the following entities and persons: Prepay TopUp, PrepayTopUp.com, its parents, its subsidiaries, its members, its partners, its joint ventures, its affiliates, its suppliers, its licensors, its licensees, its contractors, their respective agents and employees, and all their respective heirs, successors, and assigns.

3. Intent to Enter Agreement to Purchase Prepaid Telephone Calling Products.

PrepayTopUp.com desires to provide Prepaid Wireless and Long Distance Calling Cards Web Site and YOU desire to use PrepayTopUp.com Web Site, provided by www.PrepayTopUp.com, subject to the terms and conditions of this Agreement, as PrepayTopUp.com may amend or revise this Agreement from time to time, to purchase prepaid telephone calling Products from third-party telephone carriers (hereinafter referred to as “carriers").

4. Consideration.

In consideration of PrepayTopUp.com’s providing access to and use of PrepayTopUp.com Web Site to YOU, YOUR payment of and promises to pay fees to www.PrepayTopUp.com, and YOUR promises to abide by the terms and conditions of this Agreement, as PrepayTopUp.com may amend or revise this Agreement from time to time, and in consideration of all the mutual covenants and promises made in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the PARTIES hereby agree as follows:

5. All Sales Final; Refunds or Credits from Carriers.

YOU agree that PrepayTopUp.com acts merely as a distributor of prepaid telephone Products for third-party telephone carriers.

ALL SALES FROM PrepayTopUp.com WEB SITE ARE FINAL, WITH RESPECT TO PrepayTopUp.com

prepaytopup.com will not issue any refunds, credits, adjustments, or replacement of telephone virtual cards, personal identification numbers (PINs) or other Products offered at prepaytopup.com’s website except as provided herein.

Most orders can be processed automatically. Orders which can be processed automatically will be completed promptly 24 hours a day, seven days a week. However, if an order requires manual review processing might take up to 12 hours. prepaytopup.com shall not honor any charge back when manual review is required if it is made within 12 hours of the order being placed.

Even if prepaytopup.com shall, at its sole discretion, makes any limited exceptions to its “all sales final" policy as described in this Agreement, prepaytopup.com shall not waive any rights it has to enforce said policy in all other cases and at all other times, to the fullest extent provided in this Agreement and allowed under applicable law.

The various carriers whose prepaid telephone and long-distance products prepaytopup.com makes available to you through prepaytopup.com Web Site may provide refunds, credits, or adjustments to YOU under certain circumstances. By YOUR use of prepaytopup.com Web Site, YOU agree that you will contact the appropriate carriers regarding their policies concerning refunds, credits, or adjustments. YOU further agree that YOU will release, hold harmless, defend, and indemnify www.prepaytopup.com, its parents, subsidiaries, affiliates, partners, members, joint ventures, all their respective employees and agents, and all their successors and assigns from any liability for any carrier’s failure to adjust or resolve any claim YOU may have against said carrier.

6. Products prepaytopup.com Will Provide to CUSTOMER.

prepaytopup.com grants YOU a limited, non-exclusive, and nontransferable license to use prepaytopup.com Web Site and its various components to purchase prepaid telephone Products from third-party carriers or to refer third parties to prepaytopup.com Web Site for the sole purpose of purchasing such Products.

Subject to all the terms and conditions of this Agreement and all applicable laws, YOU may access, for YOUR sole use, prepaytopup.com’s proprietary content offered at prepaytopup.com Web site and accessible through prepaytopup.com’s home page on the World Wide Web.

prepaytopup.com will provide YOU with such customer and technical support related to YOUR use of prepaytopup.com Web Site, at no additional charge, subject to the restrictions posted on the Customer Support area of prepaytopup.com Web Site.

This license is subject to the restriction, that, except to the extent expressly permitted by law, YOU may not translate, reverse engineer or reverse compile or de-compile, disassemble or make derivative works from the software residing at or used to operate prepaytopup.com Web Site (hereinafter referred to as the “prepaytopup.com Software"). YOU may not modify prepaytopup.com Software in any manner or form, or use it in any way which is not expressly authorized by www.prepaytopup.com, other than to access prepaytopup.com Web site, as authorized by this Agreement, including, without limitation, for the purpose of obtaining unauthorized access to prepaytopup.com’s Products or data (also known as “hacking"). YOU agree to abide by the United States and other applicable export control laws and regulations and not to transfer, by electronic transmission or otherwise, any information, including prepaytopup.com Software in either source, object, or executable form, which is subject to restrictions under such laws to a national or destination restricted under such laws without first obtaining and then complying with any requisite government authorization or licensing requirements and without first providing Prepaidbill.com with a certified copy of said license or written government authorization, evincing compliance with all applicable export control laws and regulations.

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