1. TERMS; MODIFICATION OF TERMS;
S-unno communications services (hereinafter referred to as "the Services") are made available to you by S i2i Limited, a company incorporated in the Republic of Singapore (hereinafter "S i2i").
By using the Services, you agree to be bound by these Terms of Use, which consist of these Terms and Conditions, the Privacy Policy, and the information in the FAQ (Frequently Asked Questions) section for PC and for Mobile. If you do not wish to be bound by these Terms of Use, you may not access or use the Services.
S i2i reserves the right to modify these Terms of Use at any time with immediate effect upon posting such modification on this website. By selecting "accept" below, you accept these Terms of Use, you agree to review these Terms of Use periodically, and also agree that your continued use of the Services shall be deemed your acceptance of the modified Terms of Use.
2. YOUR S-UNNO USER ACCOUNT
To open a S-unno user account and use the Services, you will be asked to provide your name, email address, date of birth, and other personally identifiable information, which for some services may include your city and/or state and country, and telephone number in the case of S i2i for Mobile. S i2i uses such information in accordance with our Privacy Policy. You will also have to download the software application.
S i2i does not target services to individuals less than age 13. Individuals less than 13 years of age are not eligible to register or to initiate our services. Please register after you have reached age 13
When you sign up, you will receive a S-unno ID and password. You should maintain the confidentiality of your password. You are responsible for all acts or omissions that occur under your account, whether or not actually or expressly authorized by you. If S i2i suspects fraudulent use of your account, it may suspend or terminate your S-unno user account without notice. If you suspect fraudulent use of your account, you should contact S i2i immediately at contactus@s-unno.com.
S i2i will not refund or reimburse the purchase price paid for services you purchase under your user account. Your S-unno user account and any remaining credit balance thereon will expire one hundred eighty (180) days from the date of purchase unless you purchase (recharge) additional amounts on your account prior to its expiry date, in which case the expiry date will be extended for one hundred eighty (180) days from the date of recharge, which is the day the credit is posted to your account. To view the expiration date of your account and billing history, log-on to your account on the website
(http://www.s-unno.com) and go to Transaction History, which shows your transactions in the last 180 days. To view your call or SMS message history, log-on to your account on the website and go to Call History, which shows your calls and SMS messages in the last 90 days. You should review your account history periodically to ensure its accuracy. Unless otherwise specified, S i2i is not responsible for providing you a hard copy of call detail records and/or a transaction statement of the use of your S-unno user account.
If you have any questions about your S-unno account, please contact S i2i at contactus@s-unno.com.
3. DESCRIPTION OF SERVICES; CALLS TO EMERGENCY (911) SERVICES NOT CARRIED
The Services provided by S i2i subject to these Terms of Use include S-unno for PC, S-unno for Mobile and other services S i2i introduces from time to time.
S-unno for PC.
S i2i provides PC-to-PC calls; PC-to-Phone calls; SMS messaging; instant messaging (with presence integration); and voice conferencing and text collaboration (each up to and including five participants).
S-unno for Mobile.
S i2i provides local and international calls from a registered user's mobile phone to other mobile phones and to landline phones.
EMERGENCY (911) CALLS NOT CARRIED: YOU EXPRESSLY ACKNOWLEDGE THAT (a) EMERGENCY / 911 CALLS ARE NOT CARRIED ON EITHER S-UNNO FOR PC OR S-UNNO FOR MOBILE AND ARE NOT INTENDED TO BE CARRIED OR AVAILABLE; (b) NEITHER S i2i, ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, NOR ITS NETWORK SERVICES SUPPLIERS ARE OR WILL BE LIABLE FOR SUCH CALLS OR FOR YOUR FAILURE TO COMPLETE SUCH CALLS USING THE SOFTWARE OR SERVICES, AND (c) IT IS YOUR RESPONSIBILITY TO INFORM OTHER PEOPLE WHOM YOU ALLOW TO USE YOUR ACCOUNT THAT EMERGENCY/911 CALLS ARE NOT CARRIED OR AVAILABLE THROUGH THE SERVICES.
For a more detailed description of the features of the Services S i2i provides, please refer to the Services section of the website ("www.s-unno.com") and section 4(ii) and (iii) below.
4. CHARGES AND PAYMENT
S i2i provides some services at no charge (free) to You and some services for a nominal charge ("Premium Services"), as outlined below for each service.
S-unno for PC.
Free Services: S i2i provides the following services between S-unno users at no charge: PC-to-PC calls; instant messaging (with presence integration); and voice conferencing and text collaboration (each up to and including five participants).
Premium Services: Premium Services include PC-to-Phone calls, SMS Messaging, and other services S i2i introduces from time to time.
PC-to-Phone calls: Charges for PC-to-Phone calls are based on the rates set out in our Rate Calculator. S i2i may change the rates without prior notice. You are deemed to have knowledge of and accept such rates upon initiating a PC-to-Phone call. Rates are based on a full minute; per-call charges are rounded up to the next whole cent; and call times after the initial one-minute minimum for each call are billed in full-minute increments.
Conference Calling: You may conference in up to and including four participants in addition to the calling party. You will be charged a separate rate for each party called. Conference call charges are based on the rates set out in our Rate Calculator. S i2i may change the rates without prior notice. You are deemed to have knowledge of and accept such rates upon initiating a PC-to-Phone conference call. Rates are based on a full minute; per-call charges are rounded up to the next whole cent; and call times after the initial one-minute minimum for each call are billed in full-minute increments.
SMS messaging: your account will be charged for each SMS message that you (1) send (based on the destination country / region the SMS message is sent to; see rates at our Rate Calculator), and (2) receive (based on your location; see rates at our Rate Calculator). The charge is incurred when you "send" (i.e. when S-unno hands the message over to the third-party mobile operator or SMS message broker), and when you "receive" (i.e. when S-unno receives a message). An SMS message has a length of 160 or fewer characters (i.e. letters or spaces) for ASCII characters, or 67 or fewer characters for Unicode long SMS. You may "send" an SMS message up to a maximum of 306 ASCII characters (134 Unicode characters) in length, but the message will be divided and sent as 2 messages, and your account will be charged at the applicable rate for each of the two messages. You may send an SMS message to multiple recipients (as many as five recipients), and your account will be charged for the message sent to each recipient, whether or not the recipient actually receives the message. The recipient of your SMS message will be able to reply for 24 hours from the time you sent your last message, unless the recipient's mobile operator does not allow a reply. After expiration of that period, no reply will be returnable to you. At times SMS messages may for various reasons not be deliverable, including but not limited to the inability of the intended recipient to accept SMS. In such a case you will still be charged (provided S-unno has handed the message off to the SMS message broker), and you will not be informed that your SMS message was not deliverable. For SMS messages that you send, the recipient's service provider may impose charges on the recipient in accordance with the mobile services plan the recipient has in place with his or her service provider.
S-unno for Mobile
Free services: S i2i provides free local and international calls on mobile phones between registered users of S-unno for Mobile, provided that both calling party and called party are connected to the S-unno network at the time.
Premium Services: Premium services include calls from your mobile phone to any fixed or mobile numbers that are not connected to the S-unno network at the time. Charges for S i2i Mobile calls are based on the rates set out in our Rate Calculator. S i2i may change the rates without prior notice. You are deemed to have knowledge of and accept such rates upon initiating a mobile call. Rates are based on a full minute; per-call charges are rounded up to the next whole cent; and call times after the initial one-minute minimum for each call are billed in full-minute increments.
To use the Premium Services, sign-in on the S-unno website www.s-unno.com, select the button "Buy Credit" on the left side of the web page, and then purchase credits with your credit card, PayPal account, or Alipay account. For payments by credit card and PayPal, charges will be billed by, and your payments will be made to, S i2i's payment agent, S i2i.com, Inc., a California (U.S.) corporation. For payments by Alipay, charges will be billed by Alipay. The amount debited will include any applicable taxes. Charges are in US Dollars for payment by credit card and PayPal, and in RMB for payment to Alipay. You authorize the charges incurred for Premium Services to be debited from your S-unno user account.
You agree that you are responsible for any charges on your S-unno user account incurred as a result of the use of Premium Services, including but not limited to ANY unauthorized use whatsoever not due to S i2i's gross negligence or willful default, and costs to collect, including attorney's fees.
When you establish or recharge your S-unno user account, funds in your account may not be immediately available for use, owing to the need to verify that your credit card company or the payment service you select will accept the charge.
If you dispute in good faith any charges, you must notify S i2i by email to contactus@s-unno.com within thirty (30) days of the date of the charges and provide the reasons for the dispute. If you fail to dispute a charge within thirty (30) days, you will have waived your right to dispute the charges. S i2i and you shall use best efforts to resolve a dispute notified under this clause within thirty (30) days from the date the dispute was first notified to S i2i.
5. MEMBER CONDUCT; RESTRICTIONS ON USE
You agree to use the Services for lawful purposes. In using the Services, you agree to abide by all applicable local, state, national and international laws and regulations.
Any unauthorized commercial use or resale of the software or services (including but not limited to callshops) is expressly prohibited. You may not use the Services for tele-marketing, fax broadcasting or fax blasting, or for any illegal purpose. In addition, by way of example, and not as a limitation, you agree NOT to:
Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
Transmit through the services unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
Violate any Singapore/U.S. law or regulation regarding the transmission or export of technical data or software from Singapore/the United States through the services;
Interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks;
Attempt to gain unauthorized access to the services, accounts of others, computer systems or networks connected to the services, through credit card fraud, password mining or any other means; or
Interfere with another member's or entity's use and enjoyment of the services.
S i2i will immediately terminate any user that S i2i, in its sole discretion, believes is violating any of the foregoing. You agree to indemnify S i2i for any damages S i2i may sustain as a result of your breach of any of the provisions governing member conduct and restrictions on use.
6. INTERNATIONAL USE
S i2i makes no representations that the Services are appropriate or available for use at locations outside Singapore. Use of the Services by certain persons or in certain countries may not be legal. S i2i's offer of Services is void in jurisdictions in which the Services are prohibited by law. If you use the Services in a jurisdiction that prohibits the services offered, you do so at your own risk and are responsible for compliance with the laws of that jurisdiction.
7. DISCLAIMER OF WARRANTIES
FOR THE SOFTWARE AND SERVICES S i2i PROVIDES THROUGH THIS WEBSITE, THE DIALER OR APPLICATION, AND/OR S i2i MOBILE ON THE MOBILE PHONE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW S i2i EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. S i2i DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE SOFTWARE OR THIS WEBSITE OR THE APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT CALLS MADE OR SMS MESSAGES EXCHANGED USING THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR WITHOUT PACKET LOSS OR WILL EVEN BE DELIVERED OR CONNECTED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY OR BY JURISDICTION.
8. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL S i2i BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE SOFTWARE OR SERVICES, INCLUDING FROM ANY CHANGES TO THE SOFTWARE OR SERVICES, FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR ACCOUNT INFORMATION, OR FROM ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. IN NO EVENT SHALL S i2i'S LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE SERVICE AT ISSUE. IF YOU ARE DISSATISFIED WITH THE SOFTWARE OR SERVICES, OR WITH ANY OF S i2i'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE AND/OR SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THESE EXCLUSIONS AND/OR LIMITATIONS, SO THIS LIMITATION MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY OR BY JURISDICTION.
9. MISCELLANEOUS
These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Singapore. In the event of any dispute, you and S i2i agree to submit to the exclusive jurisdiction of the courts of Singapore. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original intentions of the parties, with the other provisions remaining in full force and effect.
S i2i's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by S i2i in writing. No waiver of breach or of any right or remedy contained in or granted by this Agreement will be effective unless it is in writing and signed by the party waiving the breach, right, or remedy, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
You and S i2i agree that any cause of action arising out of or related to the software or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in these Terms of Use are solely for the convenience of the parties and have no legal or contractual significance.
10. Fair Usage Policy
S-unno Fair Usage Policy
S-unno Fair Usage Policy is designed in such a manner that we continue to provide the best user experience to all our Users.
1. Why a Fair Usage Policy? S-unno’s monthly plans are targeted for residential consumers ONLY and designed for typical residential usage (call volume, minutes, etc). At times, we notice that these plans are subscribed for non-residential, commercial for business use. Usage differs significantly and may impair regular users. The intent of this Fair Usage Policy is to provide the optimum experience to all our users.
Under this Fair Usage Policy, we have defined fair usage levels for the subscription service provided by S-unno which are generous enough such that most users will not be affected.
2. Fair Usage Policy
Calls to landlines and mobiles (select countries only) are included in your subscription are subject to a fair usage limit of 2,000 minutes per account per month (30 days billing cycle) for the Dial the World – $9.99 Unlimited Plan to 40 countries, and 900 minutes per account per month (30 days billing cycle) for the Dial the World – $19.99 Unlimited Plan to 60 countries (including India).
Calling a unique number: 20 calls/hour, maximum of 40/day.
Calling the same number: 20 calls/hour, maximum of 40/day. (This applies only if you call the same number.)
Total number of calls: 20 calls/hour, max of 40/day.
Duration: Maximum of 3 hours of calling a day.
For avoidance of doubt, even if your subscription includes more than one country, this is still the total amount of minutes allowed per month on your account, and is not a separate limit for each country.
Once these limits are exceeded S-unno.com, Inc.,
For users with prepaid balance will be charged normal rates for any additional minutes used
For users with no balance, their account will be put on-hold temporarily till the start of the next billing cycle
Subscriptions are for individual use only. Each subscription is to be used by one person only and is not to be shared with any other user (whether via a PBX, call centre, computer or any other means).
This Fair Usage Policy is effective immediately and S-unno.com, Inc. reserves the right to change this Fair Usage Policy at any time. Changes shall become effective immediately after publication of the revised version on www.S-unno.com. Changes will be communicated to you by email.
Cancellation/Termination: You can cancel your subscription account anytime by writing an email to customer service or by selecting "Cancel Subscription" within the portal. Cancellation requests should be received at least 3 business days ahead of the next billing cycle date.
In the event that there is, or S-unno.com, Inc. suspects that there is, any fraudulent activity or misuse of your subscription, S-unno.com, Inc. reserves the right to terminate your subscription with immediate effect and without a refund.
You acknowledge and agree that this is a recurring payment and payments shall be made to S-unno.com, Inc. by the method You have chosen at the recurring intervals chosen by You, until the subscription is terminated by You or by S-unno.com, Inc.
As set out in the terms and conditions of the service, S-unno.com, Inc will not issue any pro-rated refunds if Youchoose to cancel the subscription service before the end of the contracted subscription date.
May 2013
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