Terms and Conditions of Use / PEUA (Pingo End User Agreement)Pingo® is a service of iBasis, one of the world’s largest carriers of international telephone calls. At iBasis we strive to provide the highest quality international calling service at attractive rates. If you would like to learn more about iBasis please feel free to peruse our corporate web site at www.ibasis.com. For the purposes of this document, all references to Pingo apply to iBasis, Inc. Pingo Prepaid Calling Agreement Subject to Change at Any Time In the Sole Discretion of Service Provider. Any changes will apply on a prospective basis only. By purchasing or using the Pingo prepaid calling service (“Service”), the user (or “You”) accept/s the rates, terms, and conditions (“Terms”) identified on this page as such Terms are updated prospectively from time to time. You should periodically check our website for any such changes which will be posted with the new effective date. If You are a Pingo Business Customer, You accept the rates, terms and conditions on behalf of yourself and all users assigned to your sub-accounts and You represent that You have the authority to bind all such users to this Agreement. You also accept any and all liability associated with your sub-account user’s actions, including but not limited to all payment obligations. Customers in the U.S. and Canada can call 1-888-878-8838 (for UK please call 0800.358.1405) between 10:00 a.m. and 12:00 midnight ET seven days a week except national US holidays, to contact customer service, to report a problem, and to inquire about international rates, charges, access numbers, and country codes. You may also Email customer service at email@example.com.
The Terms include the following:
- Rates vary and are subject to change without advance notice
- Pingo is not intended for emergency call (911), for fax transmissions, for intrastate dialing in the U.S., to place 500, 700, 800, 888, 877, 866, 855, 900, 976, 411, or 555 number calls, to place certain toll-free, operator-assisted, third-party billed, directory assistance or collect calls
- Local Access service is not available for calls placed from Alaska; Toll Free access is available from Alaska and will incur a Toll Free surcharge of USD 0.01 per minute surcharge in addition to the published rate per minute for destination called
- Pingo is not available for calls placed from any of the United States Territories including Guam, American Samoa, Puerto Rico and Virgin Islands
- Pingo is not available for calls placed to: Somalia, Gamma Mobile Network in Guinea or to Freetown, Sierra Leone
- Pingo may not be able to complete calls to certain “special services” codes in all countries due to fraudulent account concerns.
- Calls made from pay telephones and certain other public phones in the US are assessed an additional USD 0.65 per call. Please refer to our web site for pay telephone charges for calls made from outside the US
- Calls made in the United States using the toll free access number will incur an additional charge of USD 1 cent per minute. Please refer to our web site for charges related to toll free access number calls made from outside the United States. Also, hotels may apply additional charges for calls made using their phones. These charges are billed directly by the hotel and are not related to Pingo service. Please check with Your accommodations regarding these additional charges
- Calling plan renewal fees will be deducted from Your account if You have opted to have Your calling plan auto-renew monthly – please refer to the specific monthly calling plan fees on the Pingo.com website
- Calls are billed in increments of one minute, with fractions thereof rounded up to nearest whole minute
Pingo Calling Plans
- Pingo Calling Plans are individual products with unique rates and fees. Four (4) Calling Plans are available to existing and new Pingo customers: Pingo Premium, Pingo Platinum, Pingo Diamond and Pingo Mega.
- As of August 26, 2013, all existing Pingo accounts will be converted to the Pingo Platinum Plan. All existing Pingo Administration and Sub-Accounts will be converted to Pingo Platinum Plan.
- Non-United States Dollar foreign currencies (i.e. CAD, EUR and GBP) will only be supported by Pingo Platinum Plan. You will not be able to change Your billing currency once You have enrolled and associated an account number with a specific calling Plan. You may contact customer service for assistance in establishing a new account with a different billing currency, which will require the closure of the existing account and establishing a new account in a new billing currency.
- Pingo Mega, Pingo Diamond and Pingo Premium can only be used with United States Dollar (USD) as a billing currency at this time.
- All charges for Plan enrollment fees, recharges and call usage will be billed in the currency selected at time of initial signup or in use at date of conversion.
- All billing currencies’ unique exchange rates will be benchmarked against the USD on a regular basis as set forth on www.oanda.com.
Plan Enrollment and Auto-Renewal
- By enrolling in a Pingo Mega, Pingo Diamond or Pingo Platinum, You are agreeing to have the monthly Plan Fee deducted from Your initial signup balance and at the stated renewal date of the respective Plan, provided there are sufficient funds available to enable the Plan to auto-renew. Plans will auto-renew by default unless You select to have Your Plan manually renewed either at signup or by initiating changes in the Members Area section of the Pingo website.
- Plans that are set to auto-renew will extend the Plan Validity (see section below titled “Plan Validity” for additional details) period for thirty (30) days and deduct the requisite Plan fee from Your account. If insufficient funds are available on the auto-renewal anniversary date, Your account will be converted to Pingo Premium and any applicable services charges due may be imposed.
- Customers enrolled in Pingo Platinum with foreign currency billing may disable the auto-renewal and auto-recharge features, however the foreign billing currency cannot be changed. The only way to remedy this is to contact Customer Service which will require You to close Your existing account in foreign billing currency and reopen a new account with United States Dollar as the billing currency.
- Plans that are not set to auto-renew will be converted to Pingo Platinum on the Plan Validity expiration date (see section below titled “Plan Validity” for additional details).
- Pingo will send an email notification when there are seven (7) days of validity remaining on Your Premium Calling Plan.
- If You choose not to renew Your Pingo Diamond, Mega or Premium calling plan or if the there are insufficient funds available to cover the respective Plan Enrollment Fee at the end of the Validity period, then Your account will be converted to Pingo Platinum. We will collect the monthly plan enrollment fee from any available balance and Your account will remain active on the Pingo Platinum Calling Plan until closed.
- Pingo Platinum Calling Plan has a monthly Plan Enrollment Fee of USD 0.98 per month
Administrator and Sub-Accounts
- Pingo Platinum is the only Calling Plan available for Administrator and associated Sub-Accounts.
- To create Administrator and Sub-Accounts, You must contact Customer Service for assistance.
- Depending on the Pingo Calling Plan selected, a monthly Plan enrollment fee will be deducted from Your account. This fee is deducted from Your balance on the day You sign up for a Pingo Calling Plan and is thereafter assessed against Your balance every 30 days from the date of Plan enrollment or on the day You choose a new calling plan. Plan Enrollment fees are not pro-rated if You make a change to Your calling plan while enrolled in another calling plan. The various Plan enrollment fees and the associated calling rates available depend on the Plan You select. As of August 26, 2013, the monthly Plan enrollment fees are as follows:
- Pingo Premium Plan: No Enrollment Fee/month USD, CAD, EUR and GBP;
- Pingo Platinum Plan: USD 0.98/month (CAD 1.10/month, EUR 0.78/month and GBP 0.67/month)
- Pingo Diamond Plan: USD 1.98/month
- Pingo Mega Plan: USD 2.98/month
Rating and Rounding
- Call duration is rounded up to the next whole minute. The following billing increments apply for each Pingo Calling Plans:
- Pingo Premium Plan: 1 minute increment
- Pingo Platinum Plan: 1 minute increment
- Pingo Diamond Plan: 1 minute increment
- Pingo Mega Plan: 1 minute increment
- Current rates are published on the Pingo.com website (www.pingo.com/en/rates.do). Rates for all Calling Plans are subject to change without advance notice. Rates in place at the time of Plan enrollment will not be grandfathered when a Rate change is made and the new Rates will supersede the prior rates immediately. Please call Customer Service for assistance or for more information on current Rates
- For clarity, Plan Validity applies only to the length of time You will be on a specific calling plan and not the period of time the rates will be in effect, as Pingo reserves the right to change rates at any time on any calling plan.
- The Plan Validity periods for each respective Plan are as follows:
- Pingo Premium Plan: 180 days from last completed call or recharge date
- Pingo Platinum Plan: no Plan Validity
- Pingo Diamond Plan: 30 days from enrollment date
- Pingo Mega Plan: 30 days from enrollment date
- Depending on the Pingo Calling Plan selected, each has a specific validity period . Validity is the period (in number of days) for which the Plan selected will be valid until, based on the enrollment date in the Plan.
- For example, enrollment in the Pingo Diamond Plan on January 1, 2013 will have a validity period of thirty (30) days. The Plan will either convert to Pingo Platinum Calling Plan or auto-renew on January 30, 2013, based on Your preference selected on the Plan enrollment date. If Your Plan is set to auto-renew, then the validity date will extend another 30 days. If Your Plan is not set to auto-renew, Your Plan will be converted into Pingo Platinum Calling Plan and the Rates and Plan Enrollment fee for Pingo Platinum Calling Plan will apply.
- Accounts converted to Pingo Platinum Calling Plan as a result of validity period expiration will remain on the Pingo Platinum Calling Plan as long as account is active, or You initiate a change to a new calling plan, or You request Your account to be closed.
Plan Fee Refunds
- Plan Enrollment Fees are non-refundable.
- If You changed Plans by mistake or in error, please call Customer Service. We will consider requests for refunds of Plan Enrollment Fees if You contact our Customer Service department within two (2) days of a charge to request a refund.
- Customer Service is under no obligation to refund the Plan Enrollment Fee if You do not submit Your request for a refund within the stated time frame and if you did not change Plans by mistake or in error.
Changing Calling Plans
- Calling Plans may only be changed ONCE in a twenty-four (24) hour period.
- Each change into a new Calling Plan will incur the Plan Enrollment Fee associated with the respective Calling Plan. Plan Enrollment Fees will not be pro-rated and will not be credited to Your account.
- You are unable to change Your Calling Plan if Your billing currency is other than United States Dollar (USD). Foreign currencies (i.e. CAD, EUR and GBP) will only be supported by Pingo Platinum Plan. You will not be able to change Your billing currency once You have enrolled and associated an account number with a specific calling Plan. You may contact Customer Service for assistance in establishing a new account with a different billing currency, which will require the closure of the existing account and establishing a new account in a new billing currency.
Trial CardsAccounts that initiate from the usage of a Pingo Trial Card, or other promotional method, will be established on the Pingo Premium Calling Plan and with the default billing currency of United States Dollar. You can change Your Calling Plan by adding a payment method and completing the Signup and Verification process.
MiscellaneousYou should make every effort to safeguard Your account number and PIN. Pingo is not responsible for lost or stolen PINs or unauthorized use. It is recommended You change Your PIN once every ninety (90) days or as frequently as You choose. You should ensure You fully log out of the Pingo.com website when accessing Your account from a public or shared computer to ensure Your account is not subject to unauthorized access. Credit card fraud is a criminal offense. At Pingo, we use automated and manual systems to confirm proper credit card authorization, including having Pingo representatives call persons who have signed up for Pingo. We also track every transaction. Information related to fraudulent transactions, including but not limited to IP addresses, detailed call records, transaction data and email addresses is collected and will be provided to appropriate law enforcement officials consistent with applicable law when required to assist in the prosecution of any persons attempting to commit fraud on the Pingo web site. Depending on Your mobile service provider, You could be charged Roaming Charges. This applies to both Pingo and Pingo EZ Dial calls originated from a mobile phone. Pingo is not responsible for any roaming charges incurred by You. Please check with Your mobile service provider on the details of Your mobile plan to determine the roaming charges that will be incurred by You to use Your mobile phone in other countries and other regions.
Refund/Credit Policy – Service DisruptionsAt Pingo we are committed to delivering high quality service every day. However, circumstances beyond our control may result in occasional disruptions in service. We will issue a credit or a refund only in the following circumstances:
- If You are charged for a call that was never completed (for example, there was no live answer or dead air to the called party). Upon verification, we will credit Your account the amount charged;
- 100% call quality credit is based on reporting call quality issues You encounter during a connected call up to $5.00 a month, subject to Pingo verification of such issue. Poor quality can include but is not limited to: excessive static, one way audio, and dead-air
- If You have an account that has been depleted by a total of less than $5 USD (or equivalent billing currency in CAD, EUR or GBP) either from usage or maintenance charges, and wish to discontinue the service;
- If You have unintentionally created two or more Pingo accounts and want to close the additional account.
- If You were incorrectly charged for services not received or for which You did not authorize. In such cases, You must contact Pingo within 24 hours of the attempted call or discovery of the erroneous charges in order to be eligible for any refunds.
Cancellation PolicyYou may permanently close Your Pingo account (including any Administrative and Sub-Accounts) and stop all communication by sending a request in writing to firstname.lastname@example.org We will then close Your account, which will disable all future access and You will receive a refund for unused funds minus any gratuitous bonus or discount credit minutes received.
Call RecordsCalling Records are only available for download for the past twelve (12) months. Requests for Calling Records greater than twelve (12) months can only be retrieved with a request in writing sent to email@example.com or by contacting our Customer Service department at 1-888-838-8878. Pingo reserves the right to assess a service fee to retrieve this information.
Disclosure of InformationPingo reserves the right at all times to disclose any information Pingo deems necessary to satisfy any applicable law, regulation, legal process or government request.
Force MajeurePingo will not be liable for any failure of performance due to causes beyond its control, including, but not limited to, Acts of God, fires, floods or other catastrophes, national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties, preemption of existing services in compliance with any law, order, regulation or other action of any governing authority or agency thereof.
WarrantiesNo representation or warranty, express or implied, is made regarding available number of minutes to a particular country or remaining number of minutes to a particular country. No warranty, express or implied, is made regarding the condition or fitness of the services offered or use of the service for any particular use or purpose, including warranties of title or implied warranties of merchantability or non-infringement. Pingo does not authorize anyone to make a warranty on its behalf and You may not rely on any statement of warranty as a warranty by Pingo. With respect to any allegation, claim, or dispute related to use of the service provided hereunder, the liability of Pingo, or any of its employees, agents, or cooperating service Providers (the “Parties”) shall be limited to an amount equal to the charge for such affected service. IN NO EVENT WILL THE PARTIES BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES. USER ACCEPTS THESE TERMS AND CONDITIONS BY USING THE SERVICE.
IndemnificationYou will indemnify, defend, and hold harmless Pingo and its distributors and agents against all claims of loss or damage arising from use of the Service, including (a) allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via the Service, and (b) all other allegations and claims arising out of any intentional act or omission, whether giving rise to criminal or civil liability, by You or others authorized by You to use the Service.
Suspension and InterruptionPingo may deny or limit use of the Service for any lawful reason. If Pingo suspects fraudulent use of the Service, it may be suspended or terminated, and Service calls may be intercepted, without notice. Pingo will suspend or discontinue Your account in the event You file a charge back request with Your Credit Card service provider or a payment dispute with PayPal. Pingo will not allow future accounts to be created using the same account name, number and credit card information used in the dispute filing with Your Credit Card service provider or with PayPal. Pingo will not be liable for any act or omission of any company furnishing a portion of the service or of any third party, including those vendors participating in offerings made to You, or for damages associated with service, channels, or equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with Pingo services. No dispute or claim may be brought as a class action or as a private attorney general, and You will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim. No waiver of the Terms is valid. Pingo, in its sole discretion, may modify and assign these Terms. The Terms are binding upon You and Pingo and upon, respectively, Your and Pingo’s agents and heirs. If any part or provision of these Terms is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, 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 these Term, which will still be given full force and effect. If You have a dispute concerning Your Service, You should first call the Customer Service at 1-888-878-8838 or refer to the Pingo.com web site for additional information and instructions. If You are unable to resolve the dispute with Customer Service, You agree that the exclusive forum for resolution shall be through arbitration instead of court proceedings, trials, and class actions. Arbitration is final and binding. You agree that all disputes arising out of or related to these Terms (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) will be submitted to the American Arbitration Association (“AAA”), for final and binding arbitration. For Consumers, the arbitration will be conducted under the AAA Arbitration Rules for the Resolution of Consumer-Related Disputes Commercial Arbitration Rules (“AAA Rules”), as such rules are in effect on the date of commencement of the arbitration and as such rules are modified by these Terms. For businesses that purchase Pingo Business Service, the arbitration will be conducted under the AAA Arbitration Rules for Commercial Disputes, as such rules are in effect on the date of commencement of the arbitration and as such rules are modified by these Terms. For more information regarding AAA, You may visit its web site at www.adr.org. The arbitration will be based only on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. Additional charges may apply for such procedures. The award may be confirmed and enforced in any court of competent jurisdiction. Currently, the AAA Rules provide for reduced filing fees for consumers. Unless otherwise provided for in the AAA Rules or in the arbitration award, all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator, will be divided equally between You and Pingo. Each party will bear the cost of preparing and presenting its own case. Any in-person arbitration proceedings will be held in Boston, Massachusetts or at the location that AAA selects unless otherwise mutually agreed upon by the parties. Each dispute will be arbitrated on an individual basis and will not be consolidated in any action with the disputes or claims of other consumers or customers. No dispute or claim may be brought as a class action or as a private attorney general, and You will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim related to the Service. Any dispute or claim arising out of or relating to these Terms must be brought within one year after the date on which the basis for the dispute or claim first arises or the period of time provided by statute. These Terms are governed by and construed under the laws of the Commonwealth of Massachusetts without regard to choice of law principles. Effective Date This Agreement is effective as of August 26, 2013. Legal Note iPhone EZ Dial users:
Important: You must use the Pingo EZ Dial button on Your iPhone to place international calls via Pingo!
Please note that Pingo is not responsible for the cost of international calls made from the native (default) iPhone dialer or any other app on your iPhone except for calls made via the Pingo EZ Dial app. Therefore, proper activation and use of the Pingo EZ Dial app is of utmost importance once it is installed on your iPhone. International calls will not be carried over Pingo Service if the Pingo EZ Dial app. is not activated by the user and used to place international calls. Proper use of Pingo EZ Dial requires that when you make an international call you first open the Pingo EZ Dial App – and then dial the international number using the keypad of the application, or select a predefined Contact from your Contacts list in the Pingo EZ Dial app.and then press the Call button to complete the call through Pingo EZ Dial. For contacts with destination numbers outside the United States and that are part of the NANP (North American Numbering Plan), it is recommended to add the prefix 011 to the contact phone number saved on Your iPhone. DO NOT USE +1. More information on the NANP can be found on the following website: Nanpa
To make sure You are using the Pingo Service when making international calls, You should hear the Pingo Jingle after You press the Call button and before dialing begins. If You DO NOT hear the Pingo Jingle, please stop the call, because the Pingo EZ Dial Application is not being used, and the call will be handled, at Your expense, by Your mobile operator at their standard international call rates.