Terms Of Service Agreement

This document shall serve as an agreement between ZouklaTel, Inc. (“we”, “us”, or “provider”) and you as an end-user (“you, “user”, or “customer”). This document shall constitute the entire agreement between ZouklaTel and you and while superseding any other prior agreements, govern your use of all ZouklaTel services.

By activating or ordering service, you are agreeing to the provisions of this agreement in entirety.

Service Use

You acknowledge that ZouklaTel offers both plans for residential users and commercial/small business users. You agree that ZouklaTel residential service plans are not to be used in conjunction with regular, consistent activity which could be considered commercial or for-profit in nature. You agree that all usage is subject to audit and review by ZouklaTel. Possession of a ZouklaTel provided access device does not grant you a license to any firmware or software embedded on such device except to access the ZouklaTel service as a customer. If you are found to be tampering with a ZouklaTel provided device, you will immediately be subject to termination and further action. If you use a ZouklaTel provided access device, it is your responsibility to care for it once it is in your possession.

You agree to use ZouklaTel service only for lawful purposes and in a manner which could not be construed as abusive at any time or for any reason.

Account Lifecycle / Forfeiture of Unused Minutes / Reassignment of Phone Number

If you do not purchase and add airtime minutes to your account prior to the expiration of the 120 day period the Service Extension Date, your Cellular Service will be deactivated and you will lose your entire unused balance. If you do not purchase and add airtime minutes to your account within 30 days from the Service Date Extension,we may also reassign your phone number to a different user. If your Cellular phone number is deactivated for non-use as described above, then a new phone number will need to be assigned to you should you choose to resume using the Cellular Service.

Billing

Service is offered and paid for on a prescribed recurring basis for a term that begins on the date that ZouklaTel activates your Service and ends on the day before the same date in the following period ("Service Term"). Subsequent terms of this Agreement automatically renew for the same Service Term unless you give us written notice of non-renewal at least ten (10) days before the end of the applicable Service Term. You are purchasing the Service for the full Service Term, meaning that if you attempt to disconnect Service prior to the end of the applicable Service Term, you will be responsible for all charges relating to the then-current Service Term, including unbilled charges, plus a disconnection fee, if applicable, all of which will immediately become due and payable. You will also be responsible for charges for the following Service Term in the event that you do not provide the requisite ten-day disconnect notice as described above.

Billing You acknowledge that service fees for ZouklaTel service will be billed to the credit card you provide when establishing service for the full amount of the selected billing term prepaid in advance, including any shipping, activation, or other applicable charges fees taxes or charges. You understand that recurring service charges will be billed automatically on our around the anniversary of the date you established service in accordance with your term.

Service Distinctions

Customer acknowledge and understand that the Service provided by ZouklaTel is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by ZouklaTel. The Service is subject to different regulatory treatment than phone service. This treatment may limit or otherwise affect your rights of redress before Federal and State telecommunications regulatory agencies.

Disclaimer

OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET CUSTOMER'S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE. DEVICE WARRANTIES DO NOT APPLY TO BUSINESS PLUS CUSTOMERS.

Privacy

ZouklaTel Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. ZouklaTel is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy for additional information.

Agreement

ZouklaTel MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. You assume all risk and liability resulting from the use or functionality of the service, whether used solely or in combination with other goods and/or services. ZouklaTel neither assumes nor authorizes any person to assume any other liability in connection with the sale or use of the service. ZouklaTel will not be held liable in any capacity for any service failures including any acts of omissions related to 911 dialing. In the event that bodily or property damage or death occur as a result of a failed attempt to access 911 service, ZouklaTel will not be held responsible and will have no liability.

The entire agreement shall be governed by the laws of the state of Pensylvannia and shall remain in full-force until service termination in writing as outlined. If any part of this agreement is found to be unenforceable or invalid in your area, you agree that the arbitrator shall enforce the provisions of this agreement by replacing them with an effective similar, legal provision with the effect intended with the original provision. ZouklaTel may update this agreement at any time without notice and you are agreeing to such changes in advance.

You agree that any and all disputes or claims against ZouklaTel, Inc. or the ZouklaTel service will be handled by an arbitrator or our hiring and decisions rendered by such arbitrator will be final and binding.