These Terms of Service constitute the agreement ("Agreement") between gTalk ("we", "us", "gTalk") and the user ("you", "user" or "Customer") of gTalk^® international prepaid calling services and any related products or services ("Service"). 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 maintain his/her contact information and address current in the gTalk^® database. This can be either done by the customer himself/herself by visiting his/her account at www.gTalk.us/pinless or by calling gTalk^® Customer Support at +1 (214) 593-1004, +1 (347) 229-9800.

2. Service Outages. Customer's existing third party provided telephone/cell phone services is essential to access gTalk^® pinless calling service system. So normal functioning of customer's local telephone or cellular service is a pre-condition for accessing all gTalk^® services.

3. Availability of the Service. gTalk^® pinless service is currently available for customers in Canada, UK, and USA. ONLY outgoing international i.e overseas calls can be made using gTalk^® pinless service.

4. gTalk Pinless Calling Service does NOT provide either local telephone service or domestic long distance service. So gTalk^® service does NOT support toll free calling or emergency calling service e.g. 911, 999, 112, 132500..

5. Service Distinctions. Important distinctions exist between traditional telecommunications service and the service offered by gTalk^®. The service is subject to different regulatory treatments compared to pure telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.

6. Payment/Recharge. gTalk^® Pinless service is a pre-paid service and is available to customers for use for making exclusively international calls 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 at www.gTalk.us/pinless or by calling gTalk customer service at 1 (347) 229-9800 or 1 (214) 593-1004 (from USA), 1 (800) 578-4894 (from Canada), and 442033181565 (from UK).

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. Rounding of Calls. Fractional calls will be rounded up to the next minute e.g. a 12.4 minute call will be rounded to 13 min for billing.

9. Return Policy. In case the customer wants to close his/her gTalk^® account gTalk^® 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 cannot claim refund. In case of delivery of consistently unsatisfactory service gTalk^® will refund balance of recharge money as well on demand.

10. Rate Change Notification. Official means of communicating all rate changes to customers will be by posting on the web site https://www.gtalk.us/pinless/user/Rates. Customers are advised to monitor rates on the web from time-to-time. Rate changes may occur without any prior notice.

11. Access Numbers. gTalk provides many access numbers in most of the countries it serves but it is statistically not possible to providing local access numbers for all customers. If a customer does not find a gTalk^® access number that is within his/her local calling area he/she is advised to (a) use phones/cell phones those have nationwide free dialing facility, (b) change plans for the local phone service to access gTalk^® service or use toll-free access number as explained in paragraph 12 below.

12. Toll Free Access and Fees. Though there are toll free access number available for the customers, the use of this will bear a per minute toll free access charge in addition to the regular call rates. Current toll free access fee information is available at FAQ section at https://www.gtalk.us/pinless/user/FAQ.

13. Change of Account Number. The account number is the customer's first registered telephone number and it cannot be changed by the customer. Only in exceptional cases this may be considered and the policy related to this is provided in the FAQ section. All other registered numbers may be changed by the customer.

14. Charges and Fees/Taxes. Details are as follows:

(a) There is NO account opening fees, connection fees, or account maintenance fees.

(b) Fees for the Use of Toll Free Access: Information on this is available at FAQ section at https://www.gtalk.us/pinless/user/FAQ and is applied in addition to the published call rates.

(c) Taxes. gTalk^® does not collect taxes as surcharges from customers. It uses part of its revenue to meet tax obligations.

15. Quality/Connectivity and Billing Issues. The gTalk^® pinless service is an 'Information Service' based on VOIP technology and is provided on BEST EFFORT basis. gTalk^® does NOT guarantee the quality of such 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 may dispute any charges for the services used in writing (email accepted) to gTalk^® within thirty (30) days of the date of the charge or the customer waives any objection. Written statements disputing charges must be sent to: customerservice@gtalk.us.

16. Reporting an Unresolved Charge Dispute with Credit Card Company. While great care has been taken in the development of gTalk^® pinless 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. gTalk^® sincerely wishes to maintain good and lasting relationship with its valued customers and so it is advised that the customer first discuss the transactions in question with gTalk^® through Customer Support at 1 (347) 229-9800 or 1 (214) 593-1004 (from USA), 1 (800) 578-4894 (from Canada), and 442033181565 (from UK) or by email at customerservice@gtalk.us. gTalk maintains detailed log on every call made and every payment transaction by every customer for three years. 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 gTalk^®. 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.

17. Use of Promotion Code to Open Account and Privacy. While opening gTalk^® account you may enter a promotion code of a referrer. You understand that if the specific referrer is a gTalk^® marketing partner, will have access to certain information on your account like name, email address, gTalk^® account telephone number, recharge dates, and amounts. However gTalk^® marketing partners are legally obligated to handle such information with strict confidentiality.

18. Privacy Policy. gTalk^® will not divulge any personal demographic or call log information to any other party. The only exception is if the request for such information is backed up by court order.

19. Display of Call Log. gTalk^® displays call log for a maximum period of 60 revolving days on line in the secure website that customers may log on and see. gTalk^® will not be able to provide call logs to customers that is more that 60 days old.

20. Fair Use Policy on gTalk^® Pinless Package Deals for Unlimited Calling Plans

20.1  This Fair Use Policy ("Policy") of gTalk® Pinless service ‘package deals’ is a guide for its customers to understand the intended and permissible uses of the service, and to prevent exploitation, fraud, and abuse of its unlimited calling plans and features. This Policy is based upon relevant provisions in our Terms of Service and is applicable to all our package deal services.

20.2  Normal, Fair Residential Use

gTalk® Pinless service unlimited package deals are intended for use by a single family home and is not intended for multi-family use. It is designed to process and deliver traffic profiles and utilization levels of our typical residential customers' calling patterns (referred here as "normal" residential use). "Unlimited" refers to that type and level of usage. "Typical" refers to the calling patterns of at least 95% of our customers on a particular unlimited package deal.

20.3  Impermissible Use(s)

gTalk® Pinless may determine that abnormal, unreasonable or impermissible usage is occurring when compared to typical customers on the same calling plan, and may take appropriate steps described below to enforce this policy.

Over 95% of gTalk® Pinless unlimited calling package customers use maximum 2000 minutes per month for calls to a particular country when ‘call from’ is limited to one registered phone number and  2500 minutes per month when call from is limited to two registered phone numbers.  A customer's aggregate usage may be considered outside of normal use if it exceeds 2000 and 2500 minutes to a particular country when call from is limited to one and two registered phone numbers respectively.

 20.4  For Lawful and Appropriate Purposes Only; gTalk® Pinless Services Rights

You may not use our service in any way that is illegal, fraudulent, improper or inappropriate.. We may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers on the same plan(s). If we determine that you are engaging in abnormal or impermissible usage, we will use commercially reasonable efforts to inform you and may provide you with the opportunity to correct the improper usage.

Changes

gTalk® Pinless reserves the right to change this Policy at any time. Changes shall become effective when a revised Policy is posted to gTalk® Pinless websites (www.gtalk.us).