Please read all NOPIN® Terms of Service carefully before accessing or using this Service. By accessing or using this Service, you agree to be bound by the terms and conditions set forth below. Any use or purchase through this website is expressly conditioned on your acceptance of all terms and conditions stated herein and any others that may be available on www.nopin.us DO NOT REGISTER, PURCHASE AND/OR USE NOPIN® Services and/or Products using this website, the Interactive Voice Response, our Customer Service or any other sales channel if you do not accept all of the terms and conditions stated herein.
WARNING: It is a Federal AND State Offense to purchase any product or service by fraudulent means. Any and all NOPIN® Products and Services purchased shall not
be used for any unlawful purpose.
NOPIN® TERMS OF SERVICE
These Terms of Service constitute an agreement (“Agreement”) between MultiPhone Latin America LLC, d/b/a NOPIN® (“NOPIN®”, “we” or “us”) and the user (“Customer” or “you”) for residential and small business communications services and related features provided by NOPIN® (“Service”) where an electronic or written Agreement does not exist for services purchased from NOPIN® and accessed by the Customer through this website, NOPIN® Customer Service Center, or NOPIN®’s authorized sales agents
BY PURCHASING, ACTIVATING OR USING THIS 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
If you do not wish to be bound by these terms and conditions, you may not access or use the Services. If you utilize the Services in a manner inconsistent with these terms and conditions, NOPIN® may unilaterally terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper
If there is any conflict between the terms of this Agreement and the terms contained on the website or in any materials regarding the Service, then the terms of this Agreement will control. This Agreement remains effective from the date of acceptance by you until terminated by you or MultiPhone Latin America in accordance with Section 3.15.THE FOLLOWING TERMS ARE APPLICABLE TO ALL NOPIN® SERVICES AND PRODUCT LINES:
Governing Law, Jurisdiction & Venue
These Terms of Use shall be governed exclusively and construed in strict accordance with the laws of the State of Florida. Customer, by virtue of purchase
or use of NOPIN®, agrees to submit to exclusive jurisdiction and venue of the state and federal courts of Miami-Dade County Florida, and, expressly waive all
defenses to jurisdiction without any consideration of conflict of law theories, case law or principles.
NOPIN ® is the VoIP Provider. NOPIN® LLC. d/b/a NOPIN® (“NOPIN ®”) ® (“NOPIN ®”) is the carrier providing their prepaid and postpaid interconnected VoIP calling services, and, sells consumer and business VoIP services to Customers through this website, by Phone, or in a store and in connection with the DirectFone, RapiFone™ , inFone and NOPIN ® SoftFone services. NOPIN ® is a Florida certified Inter-exchange carrier TK036 and an Interconnected VoIP service provider for federal regulatory purposes. Any and all services provided through this website are pursuant to Florida and U.S. federal authorization and regulation of as a Florida inter-exchange carrier and as an Interconnected VoIP service provider. All VoIP services furnished by NOPIN ® are done exclusively under Florida and U.S. Federal law and administrative regulation. Any claim or complaint as to quality of service, service interruption or furnishing of services shall be directed to the attention of NOPIN ® for resolution. NOPIN ®, as an Interconnected VoIP service provider, complies with all applicable federal requirements of the Federal Communication Commission’s E911 Order and any questions, concerns or complaints regarding NOPIN ®’s E911 services may be directly addressed to the FCC through the VoIP911 Service. Florida and U.S. Federal law and administrative regulation exclusively regulate all VoIP services furnished by NOPIN®. Service outages extending over few hours to a couple of days may occur with any Interconnected VoIP service provider due to external events not within the control of NOPIN®. NOPIN® will not be liable for any such outage, and customers shall have no right to any refund, credit, compensation or damages from NOPIN® because of such service outages or any other situation arising out of service outage that is not in the control of NOPIN®.
Electronic Contract for Service
All NOPIN® services, or products, purchased or used are done by electronic format contract. NOPIN ® shall make available your agreement in electronic format upon request. You may request access to these electronic records in either HTML or text formats. At all times, you retain the right to request and receive documents on paper upon request to NOPIN ® via e-mail or fax.
Billing and Payment of Billed Charges.
The Customer is responsible for paying all charges posted to its account, including but not limited to, signup fee, activation fee, monthly service fee, usage charges, advanced feature charges, Device charges, shipping and handling, taxes and others. Charges, including disputed amounts, must be paid by the date shown on the invoice. NOPIN® calculates all rates at one-minute increments, rounded up to the nearest minute, commencing upon the first use of any services being provided.
NOPIN® reserves the right to bill at more frequent intervals if the amount due at any time on a customer’s account exceeds the plan associated with that specific customer. Depending of the origin, duration and/or the destination of the call, it could start to be billed when the customer connected with the NOPIN ®’ Prepaid Platform or when the NOPIN®’ Prepaid Platform receive the answer supervision signal from the called party’s network or from 0 to ten, seconds after the NOPIN®’ Prepaid Platform receive the answer supervision signal from the called party’s network.
The rate per minute for calls made from 800 access are billed an additional up to 2.5 cents per minute. An additional charge up to $2 is added to first minute rate for each call from a payphone.
The total cost of each call is rounded to next full cent. Advertised minutes and rates are based on a single, non-payphone call from the U.S. using local access. When dialing an access number or a toll free number for the Service from a mobile phone, DO NOT PRESS “SEND” after entering your called party destination
number. This might result in additional charges from your wireless provider. NOPIN® is not responsible for any costs incurred by you, including without
limitation cell phone provider charges, in the event you incorrectly use the Service. No Refunds on Prepaid Services without cause NOPIN® is going to remove all the
available balance of the dormant accounts that do not have any activity for 6 months or longer. We defined dormant account as an account that does not have
any activity such as either a call or a recharge. NOPIN® will not offer any refunds or reimbursements for the purchase price of a prepaid Calling Service, Service Plan
or Product/Device without cause. Should Customers experience problems with their prepaid service they must first contact our Customer service line at 1-866-
965-5266 or e-mail it directly at info@nopin.us to determine the nature of problem or whether a refund is applicable. NOPIN® exclusively reserves the right to
determine whether a demand for refund is with or without cause. NOPIN® further reserves the right to charge any dormant account that has not been used of a
period of ninety (90) days or longer up to $1 monthly to cover administration cost. No refunds will be provided for the application of those charges as a result of being
dormant.
Promotions
NOPIN® may offer promotions, recharge bonus, free trial, reduced rates, or any other promotions. NOPIN® reserves the right to restrict these promotions to
certain users, including new users. NOPIN® reserves the right to stop any promotions or to prohibit a customer from using or continuing using the service if
NOPIN® determines that a customer is abusing the terms of the promotion. Customer agrees that (a) it would be impractical to determine the exact amount of
NOPIN®’s® damages if you fail to pay promptly, and (b) in the event of such failure, Customer shall pay NOPIN® the amount due plus liquidated damages of
one and one-half percent (1.5%) per month (or any portion thereof) of any amount unpaid when due. Liquidated damages shall be eliminated or reduced to
the extent permitted or required by applicable law. If NOPIN® accepts late or partial payments or payments marked “Paid in Full” or similar notations, it will not
waive any of NOPIN®’s rights hereunder nor will it constitute an accord or satisfaction.
Credit Card, Debit Card, Wallet Card and ACH Charges
NOPIN® could reject any transaction from any Issuers at the sole discretion of NOPIN® when it’s determined as a potential insecure transaction. You must
provide and pay from valid payment methods (Credit Card, Debit Card, Wallet Card, ACH or any other valid payment method) of which you are the authorized holder when purchasing, activating, or re-charging any NOPIN® service. If Customer pays by any, it thereby authorizes NOPIN® to charge the authorized method of payment
account number for NOPIN® charges that accrue during the billing cycle. The charge will be reflected in your statement as: “NOPIN®”. Customers may reauthorize NOPIN ® to charge its designated method of payment account each time it uses Service and/or as required by the Calling Plan Customer chooses. Such authorizations will remain valid until terminated by proper notice to NOPIN® through this website or in writing. It is expressly understood and agreed that in such cases the term for Service will automatically renew for a similar term until such time as Customer notifies us in writing of its intention not to renew. NOPIN®
may terminate your account at any time, in NOPIN®’s sole discretion, for declined transactions or any other non-payment of account charges with the understanding,
however, that Customer remains fully liable to NOPIN ® for all charges accrued from usage of Service and all charges incurred by NOPIN ® due to said declines,
etc. You must notify NOPIN® in writing within 7 days after receiving your credit card statement if you dispute any NOPIN® charges on that statement or such
dispute will be deemed waived. Any applicable billing discrepancy resulting in the consumer initiating a charge-back by the issuer through Federal Truth in Lending
Act, 12 C.F.R. Part 266 (1998), REG-Z, is not waived and NOPIN® must be given reasonable time to investigate the nature of the Customer’s claim, billing and the
specific charge prior to the initiation of a consumer chargeback.
Failure to Pay.
Upon advance notice, we may suspend, restrict, or cancel the Services and this Agreement if you do not make payments for current or prior bills by the required
due date. Service suspension or cancellation will result in your loss of the number associated with the Service.
Late Payment Charge
We may add interest charges to any past-due amounts at the lower of 1.5% per month or the maximum rate allowed by state law, prorated for each day payment is past due. Acceptance of late or partial payments (even if marked “Paid in Full” or with other restrictions) shall not waive any of our rights to collect the full amount of your charges for the Service. Notice of any disputes must be in writing and received by us within 30 days after you received your bill or you will waive any objection. You agree to reimburse us for reasonable attorneys’ fees and any other costs associated with collecting delinquent or dishonored payments. If charges cannot be processed through your credit card, we will charge you an additional $15.00. If the state law where you receive the Service requires a different fee, we will charge you that amount
5. The Virtual Number Plan is considered an International Virtual Number as defined in paragraph 8 (b) below.
Taxes.
Any applicable sales, use, excise, utility or other taxes, fees or charges imposed on NOPIN® as a result of providing the Service or a Device will be added to
Customer’s account when imposed or required by law. i. Corporate Customers.
Residential Use of NOPIN® Services and Devices
If you subscribe to NOPIN®’s residential services, the Service and any devices are provided to you solely for residential use. Residential use shall constitute normal and regular use of NOPIN® services or products by you and/or your household based upon volumes of usage that NOPIN® determines are not those of corporate use by a small business enterprise, or at home office. NOPIN® reserves the right to transfer any residential use customer or account that NOPIN® believes is in fact a small business enterprises based from a residence, or at home business based upon their volumes of usage, to a Corporate Use account or service, or alternatively cancel the customer’s service. Customer shall not resell or transfer the Service or the Device to another party without our prior written consent. Customers are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service or the Device was inconsistent with normal residential use. The products and services offered by NOPIN® are for residential use only unless otherwise noted and not intended for independent resale or mass distribution by commercial resellers or distributors. Any purchases by distributors and resellers, for the purpose of further resale, must be done through direct contact with NOPIN®, under a separate agent agreement.
Corporate Use of Service and Device.
If you subscribe to NOPIN®’s corporate services, the Service and Device are provided to you as a corporate user. You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that you have at any time used the Service or the Device for any of the aforementioned or similar activities. The products and services offered by NOPIN® are for personal and business use only and not intended for independent resale or mass distribution by commercial resellers or distributors. Any purchases by distributors and resellers, for the purpose of further resale, must be done through direct contact with NOPIN® under a separate agent agreement.
Use by Customers outside the United States NOPIN® does not presently offer or support the Service in any countries other than the United States. If you use the Service or the Device outside of the United States, you will be solely responsible for any violations of local laws and regulations resulting from such use. We reserve the right to terminate your Service immediately if we determine, in our sole and absolute discretion, that you have used the Service or the Device outside of the United States.
Export Control Laws.
The export and re-export of Materials of this website are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you certify that you are aware of and will comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Materials to any destination requiring such a license. In addition, the Materials may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, the Taliban-controlled regions of Afghanistan or to any other country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located. Moreover, neither the Software nor Materials may be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals maintained by the U.S. government. By downloading the Software and/or Materials you are certifying that you are not a national of one of the above-listed countries or of any other country to which the United States embargoes goods, services or technology and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
NOPIN® and CALEA Compliance.
Be advised that should a request come from governmental or law enforcement agencies, with the authority to require NOPIN® to report information related to your services, or, should law enforcement request this information or access pursuant to CALEA or the Patriot Act, NOPIN® shall be obligated to cooperate and disclose this information in accord with the laws of the United States of America and the State of Florida.
Account Number and Password Security.
You are responsible for maintaining the confidentiality and security of your account number (sometimes called a PIN) and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. Any unauthorized access of the Customers NOPIN® account that is the result of the Customer’s negligent handling of any NOPIN® account number or password is expressly the liability of the Customer. The Customer expressly waives all legal defenses and relief against NOPIN® for any collectible debt that arises from the unauthorized access of their services, by and through their PIN and/or account that is a result of their own mishandling, negligence, or intentional disclosure of their account Number, password or PIN
Inappropriate Use and/or Conduct as cause for termination or
breach of Agreements.
The Customer agrees to use the Service and/or Device for lawful purposes only. The Customer shall not use, or allow any third (3rd) parties to use, the Service or the Device in any way that is unlawful, harmful, threatening, libelous, deceptive, fraudulent, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or other objectionable material of any kind, including, without limitation, material that encourages unlawful conduct. If NOPIN® believes, at its sole discretion, that a customer has engaged in any of the foregoing conduct, NOPIN ® reserves the right to (i) immediately suspend or terminate your Service; and/or (ii) forward the offensive materials, your communications with NOPIN®, and your identify and other personal information to the proper authorities for investigation and prosecution. The Customer consents to the forwarding of any such communications and information to these authorities or law enforcement. In the event of such termination, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service.
Inconsistent with Normal Use of Service.
If you use the NOPIN® service or the device in a way that is inconsistent with the normal use for your service or plan, you will be required, at NOPIN®’s sole discretion, to pay the rates for the service or plan that would apply to the way you used the service or device, or terminate the plan. For example, if you subscribe to one of our residential service calling plans, and you are notified that your usage is inconsistent with normal residential use, you may thereafter be required to pay our higher rates for commercial service for all periods in which your use of our service or the device was inconsistent with normal residential use determined to be more than 2,500 minutes per account per month for unlimited residential calling plans. The creation or use of related multiple accounts or excessive residential lines to circumvent these levels shall also be considered inconsistent with normal use. Usage over these levels or other inconsistent use will result, in NOPIN®’s sole discretion, in immediate mandatory transfer to another appropriate plan, suspension or termination of service. You acknowledge that if your service is terminated under this provision, you will not be entitled to any type of refund or credit for your purchase.
Here is a non-exhaustive list of examples of uses of our service inconsistent with normal residential use:
- Commercial, not-for profit, governmental use or other similar use
- The use of the service at a multi-residential address for more than one single
residence; or - The use of the service by others who do not reside in your personal residence
primarily by reason of its unlimited feature - Calls to or from more than 5 Registered Telephone Numbers
- More than 2,500 minutes of use per month per calling plan per account
Inappropriate Content.
You will be solely liable for any and all liability that may arise out of the content transmitted by you or any person, whether authorized or unauthorized, using your Service or Device. You shall assure that the use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. NOPIN® reserves the right to terminate or suspend your Service and remove your content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action, or inaction, under this Section will not constitute any review or approval of your use or content.
NO WARRANTIES ON SERVICE. NOPIN® DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICES OR DEVICE, ANY TRANSACTION PERFORMED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY, OR AS TO THE QUALITY OF THE CALL. NOPIN® SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION, USE OF THE SERVICE OR DEVICE. NOPIN® DOES NOT WARRANT THAT THE SERVICES OR DEVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE WITHOUT FAILURE, PACKET LOSS, DEGRADATION OR INTERRUPTION NOR DOES NOPIN® WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. NEITHER NOPIN ® NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES, DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF NOPIN® OR ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY NOPIN® OR OUR AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
EXPRESSED LIMITATION OF LIABILITY. IN NO EVENT WILL NOPIN ® BE LIABLE TO THE CUSTOMER FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR MATERIALS, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF “CV” OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE.
INDEMNIFICATION
The Customer agrees to indemnify, defend and hold NOPIN®, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Devices from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from Customer’s use of any Services or Devices, including, without limitation, 911 Dialing, or any violation of this Agreement by Customer. The provisions of this paragraph are for the benefit of NOPIN® and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information provider for the Site, Services or Materials. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against Customer on its own behalf.
NO WARRANTIES ON WEBSITE. HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THE SITE WILL ENABLE YOU TO LEAVE NOPIN®’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF NOPIN® AND NOPIN® IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NOPIN® IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY NOPIN® OF THE SITE. NOPIN® AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES. ALL SERVICES AND MATERIALS PROVIDED ON THE NOPIN® SITE ARE PROVIDED “AS IS”. NOPIN® DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY DATA LOSS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, DEVICE AND THE
INTERNET.
Force Majeure.
NOPIN® shall not be liable for any failure or delay in performing an obligation or service under this Agreement that is due to causes beyond its reasonable control, such as natural catastrophes, governmental acts or omission, laws or regulations, labor strikes or difficulties, computer viruses, war, domestic or international acts of terrorism, transportation stoppages or slowdowns or the inability to procure content, information, service, carriers, product, software, or demonstrations that flow from Force Majeure events. If any of these causes continue to prevent or delay performance for more than 180 days, you may terminate this Agreement, effective immediately upon notice to NOPIN®.
Trademarks
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of NOPIN® (collectively “Marks”) are and shall remain the exclusive property of NOPIN® and nothing in this agreement shall grant Customer or any Third party the license to use such Marks. Copyright All Services, Software and Materials found at this Website are protected under U.S. Copyright, or, by and through other intellectual property laws. Any commercial use of the Services Software, and Materials found on the Website is strictly prohibited, without the express, prior, written consent of NOPIN®. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
NOPIN ® Customer Service Center
NOPIN® Customer Service Center (hours of operation 8am EST to 9pm EST Monday through Sunday)
Contact our Customer service line at 1-8005038622 or e-mail it direct at info@nopin.us.
Important Notes: – NOPIN® is not responsible for any long distance charges incurred by the customers while dialing a local access number. Customer needs to
verify its existing local and long distance plan to guarantee that no long distance charges will be charge to Customer’s account.
Customer needs to verify with its existing mobile phone provider to guarantee that no long distance charges will be charged to Customer’s account and the
appropriate use of the service NOPIN® from their mobile phone.
Prices and rates for local and long distance calls are subject to change without notice. Intrastate calls are not allowed in any states of United States.
Local Access Charges
Local and Regional Phone Company charges may apply and such fees shall be charged to your NOPIN® Account for services associated with connecting your calls. Access fees to local access numbers may be applied. Federal, State, and local taxes for Lifeline Assistance and Universal Service Fund will be deducted from your account. Calls to Directory Assistance could be charged at a higher rate and such fee shall be charged to your account. NOPIN® does not warrant or guarantee that the customer will have availability of the toll or access number from all locations within North America.
NOPIN® is not responsible for any international termination charges incurred by the customers. Customer needs to follow-up NOPIN® dialing instructions and avoid any misuse or changes in the process.
Written Notice to Customer
By activation and use of the NOPIN® Account, the Customer agrees to all official Notices from NOPIN® to Customer shall be sent and delivered via e-mail, SMS or automatic dialed calls. The Customer represents that the e-mail provided NOPIN® is his or her account, or alternatively, is an e-mail account to which the customer has regular access, or alternatively is an e-mail account to which the Customer agrees notice remitted thereto are effectually received.
Written Notice to NOPIN® through Customer Service Center NOPIN® Customer Service Center (hours of operation 8am EST to 9pm EST Monday through Sunday)
Contact our Customer service line at 1-800-503-8622 or e-mail it direct at info@nopin.us
The NOPIN ® Service Online Calling Plans.
The NOPIN® Account offers calling specific discount plans to maximize savings to consumers calling regularly to specific destination. Any claim or complaint as to quality of service, service interruption or furnishing of services of the NOPIN® Plans shall be directed to the attention of NOPIN® for resolution, or alternatively, made with the Florida Public Service Commission with NOPIN® as the inter-exchange carrier.
The NOPIN ® prepaid cards.
By purchasing or using the prepaid card, you agree to the terms and conditions described here. If you do not agree or have any questions about the terms and conditions, do not purchase or use our products without contacting our customer service. To opt out of the list of communication of the promotions, bonus and discount please call Customer Service. Your phone company may charge you for dialing local access. Total number of announced minutes is based on a single call from a non-public phone. Calls are billing in 1 minute upward rounding. A Maintenance fee of up to $0.89 is applied after 1st completed call and every 7 days thereafter. A disconnection fee of up to $0.99 on $2 cards or up to $2.49 in $5 cards may apply per call. If card is used from a payphone a compensation fee of $1.00 is applied. Calls made using a toll free number are billed an additional fee of $0.015 per minute. Int’l rates may vary by city or cellular network. Card expires on the earlier of stated expiration date or 60 days from first use. For rates or fee inquiries, call customer service toll free number indicated in the back of the card. Service only available from the 48 states within the US continent. Used only to make international calls, not valid for intrastate calls.
Consent to Receive SMS: By using the Service, You consent to receive SMS text messages from NOPIN® and its authorized distributors of the Service. To opt out
at any time, please contact NOPIN®
The NOPIN ® Top Ups.
NOPIN® could resale International and Domestics Top Up. The Top Up services available on the Website are subject to change and availability. You agree and understand that NOPIN® only acts on your authorization to send Top Up and the relevant mobile operator shall be solely liable to you and the recipient of Top Up for the provision of mobile services related to the Top Up. Once the Top Up is sent to a mobile phone number, it can be used immediately therefore it cannot be refunded or removed from the phone. Due to the nature of the Top Up service, you have no right to cancel this Agreement and request a refund.
Website Terms & Condition
This Website (the “Site”) is operated by Multiphone Latin America (referred to herein as “NOPIN ®” or “we” or “us”). By accessing or using this Site (or any part thereof), you agree to be legally bound by these Terms and Conditions of Use as we may modify them at any time without notice to you. Each use of the Site and the Materials (defined below) constitutes your acceptance of these Terms and Conditions of Use as then-posted on the Site. If you do not agree to the Terms and Conditions of Use, or if you do not have the right, power, and authority to agree to and be bound by these Terms and Conditions of Use, you may not use the Site or the Materials.
Limited License to Use the Site and The Materials. You are granted a limited, nonexclusive, non-transferable license to access and use the Site, and the content, information, documents, software, services and materials provided through the Site (collectively the “Materials”), in accordance with these Terms and Conditions of Use for your internal business purposes. You agree that you will not: (i) use the Site or the Materials for any unlawful purpose or in violation of any laws; (ii) use the Site or Materials to reproduce, transmit, display or distribute copyrighted material; (iii) copy, store, edit, change, prepare any derivative work of, or alter in any way, any of the Materials provided on or through this Site; (iv) mirror the Site or resell the Materials or the Site’s services. In addition, you agree that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or any personal information, spidering, screen scraping, database scraping; or (c) attempt to gain unauthorized access to other computer systems through the Site or Materials. You agree that you will not use the Site or the Materials in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or Materials. You shall not make any commercial use of the Site or the Materials. Any use of the Site or the Materials not specifically permitted under these Terms and Conditions of Use is strictly prohibited.
Personal Information and Privacy.
Personal information collected from you by NOPIN ® as a result of your visit or use of the Site or the Materials will be treated in accordance with our Privacy Policy. It is important that you read and understand the terms of NOPIN ®’ privacy policy. To the extent allowable by applicable law any non-personal information provided by you or collected from you by NOPIN® as a result of your visit or use of the Site or the Materials shall not be treated confidentially and shall not be subject to privacy restrictions. NOPIN® may cooperate with and disclose information (including your account information) to any authority, government official or third party, without giving any notice to you.
Account; Registration.
In the event that any area of the Site requires you to register with us prior to our granting you access to such areas, you agree to provide truthful information when registering and to update your information as necessary to keep your information accurate. You are solely responsible for maintaining the security of your Site access name and password. You agree to notify us immediately of any unauthorized use of your Site access name, password or account. NOPIN® shall not be responsible for any losses arising out of the unauthorized use of the Site or the Materials through your Site account.
Disclaimers
The Site and Materials are provided on an “as is” basis. NOPIN® disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchant-ability, fitness for a particular purpose, title and non-infringement. NOPIN® makes no representations, warranties or guarantees that this Site or the Materials will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and NOPIN® disclaims any liability relating thereto or that use or results of the use of the Site (including all of its content) and Materials or that the Site or the Materials will be accurate, reliable, current, uninterrupted or without errors. Further NOPIN® disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of or any way related to: (i) your use of the Site or the Materials; (ii) the unavailability of the Site or the Materials; (iii) your use of any equipment or software in connection with the Site or the Materials; (iv) any third party websites or content on the site or that are directly or indirectly accessed through this Site or the Materials; or (v) any errors in or omissions in or from this Site or the Materials.
Links to Third Party Sites.
The Site may contain links to other third party sites. All of these sites will have separate privacy and data collection practices and legal policies independent of these Terms and Condition of Use to which you will be subject if you visit or use the linked site. NOPIN ® has no control over these linked party sites and is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.
Advertisements, Promotions and Dealings with Third Parties.
NOPIN®, its business partners, advertisers, or third party providers may present advertisements, promotional materials or business arrangements on or through the Site. Your dealings with any third party on or through the Site are solely between you and such third party. You agree that NOPIN® is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the Site.
Copyrights; Intellectual Property.
You acknowledge that NOPIN® owns or has a license to all title and copyrights in and to the Materials provided on this Site. These Terms and Conditions of Use do not transfer any right, title, or interest in any of the Materials and, unless expressly permitted NOPIN®, you may not copy, reproduce, distribute, or create derivative works from the Site or the Materials. All title and intellectual property rights in and to any Materials provided on this Site is the property of the respective owners of such Materials.
Trademarks. This Site features logos, brand identities and other trademarks and service marks (collectively the “Marks”) that are the property of, or are licensed to: NOPIN®. The Site and the Materials may contain third party trademarks, service marks, graphics, and logos. Nothing on this Site or relating to the Materials should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site or the Materials without written permission of NOPIN® or the applicable third party Mark holder.
Indemnification.
You agree to defend, indemnify and hold NOPIN® harmless from and against any and all claims, damages, attorneys’ fees, costs and expenses arising from and
related to your use of the Site or the Materials and your violation of these Terms and Conditions of Use.
Limitation of Liability.
In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall NOPIN® be liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the Site or the Materials, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, computer failure or malfunction, business interruption, corruption of files, loss of business information or any other pecuniary loss, even if NOPIN® has been advised of the possibility of such damages
Severability.
If any portion of these Terms and Conditions of Use is deemed unlawful, void or unenforceable, then that portion shall be deemed severable and shall be construed in accordance with applicable law and such term will not affect the validity and enforceability of any remaining provisions. NOPIN®’ failure to act with respect to a breach of these Terms and Conditions of Use by you or others does not constitute a waiver and shall not limit NOPIN®’ rights with respect to such breach or any subsequent breaches.
Jurisdiction and Venue; Time to Commence Actions.
These Terms and Conditions of Use will be governed by the laws of the state of Florida, without regard to choice of law principles. The exclusive jurisdiction for any and all claims, actions or disputes with NOPIN® or relating in any way to your use of the Site or the Materials shall be in the state and federal courts serving Miami-Dade County, Florida and you hereby agree to submit to the jurisdiction of the state and federal courts serving of Miami-Dade County, Florida. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises.
Termination of Use.
NOPIN®, in its sole discretion, may terminate your use of the Site or the Materials at any time without notice to you for any or no reason. NOPIN® shall not be liable to you or any third party for any termination of use of the Site or the Materials. These Terms of Service were last updated on February 1, 2014.
Copyright 2006 MultiPhone Latin America , INC. (a Florida corporation) used under license. NOPIN ® is a registered service mark owned by and used under license from MultiPhone Latin America INC., a wholly owned subsidiary of MultiPhone Latin America , INC.
Service Disclaimer
Services Not Provided.
NOPIN Service does not provide for 0+ calling (including without limitation collect, third party billing, 900 or calling card calling). NOPIN Service does not support 311, 511, 411, 911 or other x11. NOPIN does not list phone numbers for Customers in phone directories. Accordingly, the phone numbers Customers obtain from NOPIN may not be listed in any phone directories. In addition, in certain countries, toll-free numbers are not accessible from mobile phones and payphones or may require payment before accessing.
NOPIN does not provide any warranty of suitability, fitness for a particular purpose or merchantability or any other express or implied warranty concerning the Services and expressly disclaims any warranty. NOPIN DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED.
Entire Agreement/Authorized Representative/Miscellaneous.
The Customer acknowledges and agrees to be subject to all restriction, terms, and conditions set forth on the Website and said terms, restrictions, and conditions are incorporated herein by reference. Any right or provision in this Agreement shall not be waived unless waived in writing by NOPIN. This Agreement and all exhibits hereto and the terms and conditions on Website, contain the entire and only understanding between the parties and supersedes all prior representations, promises, or agreements, either written or oral, relating to the subject matter hereof. Any reference in this Agreement to the Website shall be limited to that Website content specifically applicable to the Services purchased pursuant to this Agreement. Customer represents that the Customer has read and understood the terms and conditions set forth in this Agreement including its exhibits and the Website and has had opportunity to review same with counsel of Customer’s choice. Headers are used for convenience purposes only and do not form part of the Agreement (including exhibits and Website). Unless specified otherwise, periods of time shall be calculated in calendar days. In the event the last day of a period of time falls on a weekend or national holiday, the last day of said period of time shall be the immediately next business day. The individual signing below on behalf of the Customer acknowledges that said individual has the proper authorization from the Customer to enter into this Agreement on behalf of the Customer
Notices Any notice from NOPIN to you under this Agreement will be provided by one or more of the following: posting on this website, a recorded announcement on a Product, postcard, letter, or a call to a telephone number provided by you. You may contact us either by phone or by mail to: NOPIN 2051 NW 112th Avenue Suite 114 Miami, FL 33172.
Validit
If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable
Governing La
This Agreement will be governed by the law of the State of Florida, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use, purchase or pay for the Products. Entire Agreement This Agreement (which incorporates by reference the Website Terms of Use) constitutes the entire agreement between you and MULTIPHONE and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral.
This Agreement can be amended only as provided in the Changes to the Agreement section below. No written or oral statement, advertisement, or service or product description not expressly contained in the Agreement or the Website will be allowed to contradict, explain, or supplement this Agreement or the Service
Neither you nor MULTIPHONE is relying on any representations or statements by the other party or any other person that is not included in this Agreement. Changes to the Agreement This Agreement may only be changed in the manner provided for in this section
Other Products and Services
From time to time Multiphone.net may make available on the Website products and services from other providers, including domestic mobile top-up and international mobile top-up. Third party companies and operators in various countries that are not affiliated with provide the Additional Products, as well as the telecommunication and other services underlying the Additional Products.Multiphone.net merely distributes the Additional Products.