Thank you for using our services. In this agreement, the terms "you" "your" and "member" shall mean the customer of Pioneer communications; and the terms "we", "our" and "us" shall mean Direct Line Philippines, Pioneer Communications and our other affiliates authorized to provide you with services. Direct Line Philippines, or "DLP" shall also refer to the products of Direct Line Philippines (DLP) and/or "DLP". "Service" or "Services" shall mean the DLP telecommunications services you are enrolled in, or are using or paying for as provided under tariffs filed with the Federal Communications Commission.
BY ENROLLING IN, OR USING OR PAYING FOR THE SERVICES, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS EMBODIED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS STATED HEREIN, DO NOT USE THE SERVICES AND CANCEL THE SERVICES IMMEDIATELY BY CALLING DIRECT LINE PHILIPPINES OR PIONEER COMMUNICATIONS AT 1-877-518-5086; 1-866-357-0338; 1-888-848-6543; 1-888-382-4933 FOR FURTHER INSTRUCTIONS.
ANY CREDIT CARD COMPLAINT AND/OR DISPUTE RELATIVE TO THE USAGE OF DLP PHONE CARD SHOULD ALWAYS BE DIRECTLY ADDRESSED TO PIONEER COMMUNICATIONS AT THE TELEPHONE NUMBERS INDICATED ABOVE. COMPLAINTS WILL NOT BE HONORED IF DIRECTED FIRST TO THE MEMBER'S CREDIT CARD COMPANY.
1. PROVISION OF SERVICE
In order to provide Services to you, Pioneer Communications may select, or at any time change, carriers or service providers without prior notice to you. You agree to be bound by any such changes. You understand and accept that from time to time the Services may be suspended for reasons including, but not limited to, maintenance or fault finding, and Pioneer Communications will not be liable for compensation or suspension of Services. Pioneer Communications undertakes to keep such incidents to a minimum. You also understand and accept that Pioneer Communications cannot guarantee connection with 100% reliability. Pioneer Communications would not be responsible for any loss/damage as result of changing calling card rates by suppliers and/or service providers, which is beyond the control of Pioneer Communications.
2. USER ACCOUNT, PASSWORD, AND SECURITY
Pioneer Communications shall provide the member with a six (6) or seven (7) digit Personal Account Number. The member will provide his/her own four (4) digit Personal Authorization Code (PAC). The member shall protect the secrecy of his Personal Authorization Code (PAC) and Password, and shall not disclose the PAC and Password to unauthorized persons.
A member's Personal Account Number may be changed at the discretion of Pioneer Communications. Pioneer Communications reserves the right to cancel a member's account at any time without being bound to give any reason thereof. Pioneer Communications shall not be liable for any loss or damage whatsoever arising from the use of the member's account by unauthorized persons. The customer shall remain liable for all charges incurred under his/her account.
3. NOTIFICATION
The member shall notify Pioneer Communications immediately if:
(a) his/her Personal Account Number has become known to someone not authorized to use it
(b) his credit card is lost, stolen, expires or is terminated for any reason, or if he wishes to terminate the Authorization to bill to his credit card account (if the member's mode of payment is by credit card)
(c) there are changes to his billing/residential address; and
(d) he wishes to terminate his/her DLP Membership. 4. PAYMENT AND CHARGES
a. All Services provided by Pioneer Communications are strictly on a pre-payment basis using the following modes of payment: credit card, cash, money order and check. If your check, bank draft or electronic fund transfer is returned for insufficient funds, and we bill you for the Services, we will charge you an additional $15. If the state law where you receive the Services requires a different fee, we will charge you that amount. If a local telephone company or other entity bills you for the Services on our behalf, that company's returned check charge and policy will apply. When payment is made by credit card, payment will also be subject to the terms and conditions required by the credit card issuer. It is also assumed that all transactions entered with us using your credit card are valid and binding. You are responsible for unauthorized use of the Services, and you are responsible for payment of any such unauthorized use.
b. Requests for hard copies of call detail records, refunds or deactivation of accounts will be charged a corresponding charge of $5.00 which will be applied to the current DLP account balance, unless satisfactory documentation is presented to exempt the member from the charges. Pioneer Communications will not provide advance notice to changes in charges except as required by law. If you request for call details, refund or deactivation of your account, we will bill you for the Services. We will charge you a fee of US$5.00 which we will apply to your current DLP account balance, unless you show documentation satisfactory to us that you are exempt from the said charges. We will not provide advance notice to changes to charges except as required by applicable law.
c. Initially, an additional one cent ($0.01) per minute will be charged to all members in California using the access numbers 1-877-518-5085 and 1-866-357-8082. Subsequently, additional charges that may be incurred in using the said access numbers will be the sole responsibility of the member. Pioneer Communications will not be held liable for any charges incurred by the member in using the said access numbers.
d. If an account has no activity within 180 days, we will be deducting $0.99 inactivity fee from your account on the first day of the 7th month and every month thereafter. This will stop until such time that the account becomes active again.
e. If the card has not been used for 365 days or more, a dormant fee of $4.99 per month will be deducted from your account from the first time it became dormant. Once a dormant card becomes zero, the account ceased to become a dlp member.
f. If the card was not used for a period of 180 days or more after initial activation, the card will be considered expired which means all remaining balance in the card will be forfeited.
5. CHANGES TO RATES AND CHARGES
Pioneer Communications may vary rates and/or charges or impose surcharges for dormant accounts or tax or duties in relation to the Services at any time and such changes will be posted on our web site (www.directlinephil.com) and you agree to be bound by these changes. We may change rates and/or charges without providing advance notice. You may request details of your call rates at any time through our Customer Service Hotline at 1-866-357-0338 or email us at customerservice@directlinephil.com.
6. FRAUDULENT USE
You will not use the Services for any unlawful, abusive, or fraudulent purpose, including, for example, using the Services in a way that: (1) interferes with our ability to provide Services to you or other customers; (2) avoids your obligation to pay for the Services; or (3) engage in fraudulent practices and getting rewards such as incentives in the form of free minutes in exchange for fake or invalid referrals. If Pioneer Communications has reason to believe that you or someone else is abusing the Services or using them fraudulently or unlawfully, we can immediately suspend, restrict, or cancel the Services without advance notice.
7. INDEMNIFICATION
YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS THAT MAY ARISE FROM YOUR USE OF THE SERVICES. FURTHER, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEY'S FEES, UNLESS SUCH CLAIMS ARE BASED ON OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE..
8. LIMITATIONS OF LIABILITY
NOTHING IN THIS AGREEMENT LIMITS OUR LIABLITY, IF ANY, FOR OUR WILLFUL OR INTENTIONAL MISCONDUCT.
IF OUR NEGLIGENCE CAUSES DAMAGE TO PERSON OR PROPERTY, WE WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF DIRECT DAMAGES TO THE PERSON OR PROPERTY. IF OUR NEGLIGENCE CAUSES DAMAGE OF ANY SORT, WE WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD. FOR ALL CLAIMS THAT ARE NOT THE RESULT OF PIONEER COMMUNICATIONS' WILLFUL OR INTENTIONAL MISCONDUCT, WE WILL NOT BE LIABLE FOR PUNITVE, RELIANCE, OR SPECIAL DAMAGES, OR FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE OR INCREASED COSTS OF OPERATION. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE OR WE WERE TOLD THEY WERE POSSIBLE, AND THEY APPLY TO ANY NEGLIGENCE CLAIM THAT DOES NOT INVOLVE WILLFUL MISCONDUCT OR INTENTIONAL MISCONDUCT, NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS (SUCH AS CONTRACT, TORT, STATUTE, MISREPRESENTATION) IT IS BASED.
WE WILL BE LIABLE ONLY TO THE EXTENT OF THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD - IF SERVICES ARE INTERRUPTED, OR A PROBLEM EXISTS WITH THE INTERCONNECTION OF OUR SERVICES OR EQUIPMENT OF SOME OTHER PARTY.
9. WARRANTIES
YOU AGREE AND UNDERSTAND THAT THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY BINDING.
10. DISPUTE RESOLUTION
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR THE RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR LEGALLY RECOGNIZED UNDER THE LAW OF CALIFORNIA INSTEAD OF COURT INTERCESSION BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR SHALL NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND SHALL NOT AWARD PUNITIVE DAMAGES OR ATTORNEY'S FEES UNLESS SUCH DAMAGES OR FEES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND DLP BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXLUDED UNDER THIS AGREEMENT.
ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS CONTRACT.
Assignment. We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement of the Services without prior written consent.
Separability. If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
Governing Law. This agreement is governed by the laws of the State of California, without regard to its choice of law rules. This governing law on arbitration provision applies no matter where you reside, or where you use or pay for the Services.
11. DISCLAIMER
Members may incur phone charges for the use of local access numbers (LANs) depending on their location and local calling plan. The LANs may not correspond with your local phone company's billing designations. Kindly check the LAN with your local phone company to ensure that it will be billed as a local call under your calling plan. Pioneer Communications, LLC is not responsible for any telephone charges incurred while accessing our services.
12. CHANGES TO THIS AGREEMENT.
This Agreement may only be changed in the manner provided for herein. With respect to all other changes to this Agreement, we will notify you of such changes, and this will be effective immediately upon notification and if you continue to be enrolled in, use, or pay for the services, you agree to the changes made.
Should you have any complaint or query about the Services you may phone Customer Service on 1-877-518-5086;1-866-357-0338;1-888-848-6543;1-888-382-493 or email to customerservice@dlpusa.com or write us at Pioneer Communications, 15500 Erwin Street
Suite 4007, Van Nuys California 91411.
