Terms and conditions
FOR CarrierWing.com / CarrierWingLLC.com PHONE SERVICE
This Customer Service Agreement (the "Agreement’) sets forth all the terms and conditions that govern your use of the services offered
by or through CarrierWing.com / CarrierWingLLC.com, whether you access them via a mobile application or through CarrierWing.com / CarrierWingLLC.com (the “Website").
Online Acceptance:
Your online acceptance of this Agreement will have the same legal effect as if you were providing a handwritten signature of
acceptance.
TERMS AND CONDITIONS
1. Services Provided CarrierWing.com / CarrierWingLLC.com offers you, among other things, the ability to make local toll, domestic long distance, and
international telephone calls by using either a telephone or a computer. In addition, it offers conference calling ,
call recording and Caller ID Spoofing capability on voice calls.
These services are provided on a pre-paid and subscription basis and do not require you to change your current telephone service
provider(s) in order to use the services. A complete list of CarrierWing.com / CarrierWingLLC.com services can be found at www.CarrierWing.com / CarrierWingLLC.com (the
“Website"). CarrierWing.com / CarrierWingLLC.com is not responsible for reimbursement for calls made with another service while CarrierWing.com / CarrierWingLLC.com is
temporarily unavailable.
2. Acceptable Conduct You agree to use the CarrierWing.com / CarrierWingLLC.com services only for purposes that are lawful in the jurisdictions where
you are calling from and calling to. You shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but
not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liabilty, or otherwise
violate any applicable local, state, national, or international law. In particular, depending on the state or country in which you are
located or the person you are calling is located, you may violate a country's or a state’s law by listening in on or recording a
telephone conversation without informing the other parties that you are doing so. You may not use the recording capability of
CarrierWing.com / CarrierWingLLC.com unless you have determined that your use is legal. Before recording any call, you should check the laws of your
state and the laws of any state in which a person you are calling is located in order to determine if you need the other party's
permission to record a call. Even if your state only requires the permission of one party, you may make calls to or receive calls
from people located in states that require the permission of both parties to record a call. If you record such a call without the
knowledge and permission of the other person, you may be subject to criminal prosecution in the other state. In addition, it is a
violation of U.S. law to, and you shall not, use the caller ID spoofing feature in connection with telemarketing or debt-collection
calls. If CarrierWing.com / CarrierWingLLC.com concludes that you are spoofing a
number to affect the results of a survey or contest conducted by a third party, its network equipment may complete the call after
changing the number you have chosen to spoof, and CarrierWing.com / CarrierWingLLC.com may provide the third party with notice that the call has been
spoofed (but not, except pursuant to subpoena or other legal process, the actual calling number or any personal information about
you). CarrierWing.com / CarrierWingLLC.com reserves the right to immediately, and without notice, terminate or discontinue your Account and PIN in the
event it determines i its sole discretion that you have committed fraud or violated any applicable law or regulation or any term or
condition of this Agreement. In order to combat harassing o illegal conduct, including fraud and unauthorized access to voicemail,
CarrierWing.com / CarrierWingLLC.com may monitor or record customers' calls, review customers' recordings stored on its servers, and provide call detail
records or recordings to law enforcement agencies. In addition, CarrierWing.com / CarrierWingLLC.com's equipment routinely archives the text of any
SMS sent via the anonymous SMS service, and such texts will be made available to law enforcement agencies consistent with
applicable law.
3. Opening an Account In order to become a CarrierWing.com / CarrierWingLLC.com customer, you must contact our sales team / resellers,
provide a valid PayPal account or credit card number and select a non-refundable, preset dollar value of service you wish to
purchase. As part of the application, you wil provide CarrierWing.com / CarrierWingLLC.com with a unique phone number and personal PIN.
CarrierWing.com / CarrierWingLLC.com will then send you an electronic nofification (in the form of an e-mail message) confirming that you have become a
CarrierWing.com / CarrierWingLLC.com customer and the value of service you purchased for your CarrierWing.com / CarrierWingLLC.com account ("Account”).
4. Usernames/[Passwords/Personal Identification Numbers YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE
CONFIDENTIALITY OF YOUR USERNAME, PASSWORD AND PERSONAL PIN, AND YOU AGREE TO PAY FOR ALL
SERVICES CHARGED TO YOUR ACCOUNT USING YOUR PASSWORD OR PIN WHETHER OR NOT YOU HAVE
AUTHORIZED SUCH USE. If you believe that your Account, Username, Password or PIN are being used in an unauthorized
manner, you agree to contact CarrierWing.com / CarrierWingLLC.com within one calendar day so that appropriate action can be taken to modify your
Account. Please be aware that account information will be sent to the email address that you have provided to CarrierWing.com / CarrierWingLLC.com.
Therefore, you should use a secure email address. CarrierWing.com / CarrierWingLLC.com is not responsible for the actions of any person that accesses
that email account. Please note that you are responsible for any and all charges to your account and CarrierWing.com / CarrierWingLLC.com cannot be
held responsible for fraudulent charges that result from theft or fraudulent use of your credit card, password or PIN
5. Access Numbers To access CarrierWing.com / CarrierWingLLC.com's services in the United States, you must dial either a local access number or one of
our toll free access numbers . If you dial the toll free number, you will be charged 1 extra credit per call (not per minute). If you
have not set up PINless dialing, then after dialing an access number you must enter your PIN and then the destination telephone
number. In other countries, there may be a charge to call the local access number. Before you use any local access number,
check with your local telephone service provider to ensure that no toll charges are associated with calls to that local access
number. CarrierWing.com / CarrierWingLLC.com will not reimburse you for any extra charges assessed by your local phone company as a result of dialing
one of CarrierWing.com / CarrierWingLLC.com's access numbers.
6. Payment CarrierWing.com / CarrierWingLLC.com'S SERVICES ARE PROVIDED ON A PREPAID OR SUBSCRIPTION BASIS. As you use
CarrierWing.com / CarrierWingLLC.com's prepaid services, your Account will be debited accordingly. No prepaid services will be provided if your Account
does not have a sufficient balance to cover the cost of the service. CarrierWing.com / CarrierWingLLC.com will automatically bill the credit card of
customers who have selected a monthly membership plan on the day of the month on which they originally signed up. Customers
whose credit cards are declined will have their services interrupted until payment can be collected. Customers may pay their past
due balance via the website. CarrierWing.com / CarrierWingLLC.com does not issue refunds for billed services. CarrierWing.com / CarrierWingLLC.com is not responsible for
overdrafts, over-limit, or any other situation relating to a customer's bank or credit card account balance.
7. Recharging Prepaid Account In the event you want to use services whose cost exceeds the remaining balance in your prepaid
Account, you may access the Website and recharge (or supplement) your Account by purchasing additional service in non-
refundable, preset dollar values. You also have the option at sign-up and in the control panel o set your Account to “auto-
replenish.” If you select this feature, when your Account reaches a set balance, the system will automatically charge your credit
card with the amount selected and replenish your CarrierWing Account
8. PrePaid Rates CarrierWing.com / CarrierWingLLC.com's rates for prepaid services are listed on its Website and are incorporated by reference herein. You
are responsible for checking all applicable rates/promotions before making or receiving any call or sending an SMS using
CarrierWing.com / CarrierWingLLC.com's services. CarrierWing.com / CarrierWingLLC.com reserves the right, at its sole discretion, to modify its rates at any time and/or to offer
special promotions. CarrierWing.com / CarrierWingLLC.com's prepaid rate structure is found in the "Buy Credits" section of the Website. You will be
charged at the regular rate for any calls you receive through the voice callback service. In addition, though it is not the intent of
CarrierWing.com / CarrierWingLLC.com to raise its rates at any point in the future, should market conditions or factors outside of CarrierWing.com / CarrierWingLLC.com's control
cause its costs or wholesale rates to some or all destinations to go up, CarrierWing.com / CarrierWingLLC.com reserves the right to adjust its rates
accordingly.
9. Surcharges An additional 90-cent surcharge will be assessed on calls made from payphone. This surcharge covers charges
imposed by the Federal Communications Commission to compensate owners for the se of their facilties to originate a phone call
Although a high percentage of callers do not complete their payphone calls (they hang up before entering a destination number),
CarrierWing.com / CarrierWingLLC.com is still charged by the payphone operator for the toll free call. CarrierWing.com / CarrierWingLLC.com has included the average cost of
these incomplete calls in this fee. I you do not use the CarrierWing service for 30 consecutive days, it will be considered inactive,
and CarrierWing.com / CarrierWingLLC.com reserves the right to deduct up to 10 credits per month from inactive accounts in order to cover administrative
costs
10. Features We may from time to time introduce new features to a Service or modify or delete existing features in our sole discretion
We shall nofify you of any of these changes to features if we are legally required to do so. By using any new or modified features
when they become available, you agree to be bound by the terms of this Agreement or any Service-specific rules concerning
those features. An additional credit fee will be charged for the use of recording and straight to voicemail
11. Recording Retention Policy Any recordings made through your Account may be erased by CarrierWing.com / CarrierWingLLC.com at any time after one
year from the date the recording was made. Therefore, you should download your own copy of any recording soon after you make
the recording using CarrierWing. If you have questions about CarrierWing recordings, please contact customer service at
hitps://www.CarrierWing.com / CarrierWingLLC.com/support or support@CarrierWing.com / CarrierWingLLC.com
12. Email Notification You are responsible for maintaining a current email address and for reading email from CarrierWing.com / CarrierWingLLC.com so that
we can notify you of updates to CarrierWing.com / CarrierWingLLC.com's service and any customer account information.
13. Contacts Information When you give CarrierWing permission to do so, CarrierWing accesses your mobile phone’s address book to
allow ease of selection for the number you wish to call. We do not collect nor store this information in our database.
14. Billing Increments Charges for telephone calls are measured in whole minutes. All fractions of a minute are rounded up to the
next whole minute (e.g., a call which lasts 25 seconds will be charged for one minute). Timing on calls begins when your call is
connected . Timing terminates when CarrierWing.com / CarrierWingLLC.com's network receives an "on hook” signal from the terminating carrier.
CarrierWing.com / CarrierWingLLC.com will not, and is not obligated to, provide refunds for any calls made using its service. Charges for SMS are
measured in credits per SMS. Be aware that you will be charged for each SMS you send through the service.
15. Billing Information CarrierWing.com / CarrierWingLLC.com does not send invoices to its customers. Instead, you have confidential access to your billing
information - for the current month and the prior three months only - on the Website. You are responsible for downloading or
printing out your monthly statements, and CarrierWing.com / CarrierWingLLC.com will not provide monthly invoices other than those available online.
16. Billing Disputes You must notify CarrierWing.com / CarrierWingLLC.com by e-mail of any disputed charges within thirty (30) days of the charge being
posted to your Account. CarrierWing.com / CarrierWingLLC.com will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To
the extent CarrierWing.com / CarrierWingLLC.com determines, at its sole discretion, that a billing adjustment is warranted, your Account will be credited
accordingly. If you fail to notify CarrierWing.com / CarrierWingLLC.com of a billing dispute as noted above, you will waive all rights to bring any claim
regarding the disputed charges.
17. Ownership of Account CarrierWing.com / CarrierWingLLC.com recognizes the person whose name is listed on the Account as the sole owner of the
Account, even where payment on the Account is made using the credit card or PayPal account of a parent or other person
18. Cancellation Your account may be cancelled by you at any time or by CarrierWing.com / CarrierWingLLC.com if there has been no usage on the account
for at least six months. We will then shut down access to your Account. You will not be entitied to any refund of the unused
balance in your Account if you discontinue service or if we cancel the account due to inactivity. Additionally, you will remain
responsible for payment of all charges for services rendered up through the date you discontinue service.
19. Termination CarrierWing.com / CarrierWingLLC.com reserves the right, at its sole discretion and for any reason, to (a) terminate this Agreement and your
access toits services, upon one (1) day’s electronic notice and/or (b) to refuse to allow you to recharge your Account. If fraud is
suspected, CarrierWing.com / CarrierWingLLC.com has the right to put an Account immediately on hold until further investigation takes place.
20. Government Taxes CarrierWing.com / CarrierWingLLC.com reserves the right to pass any new government taxes, fees o surcharges on to customers by
changing its rates
21. Limitation of Liability CarrierWing.com / CarrierWingLLC.com SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY
RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO
MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING,
ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM
CarrierWing.com / CarrierWingLLC.com SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL,
INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF CarrierWing.com / CarrierWingLLC.com
HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CarrierWing.com / CarrierWingLLC.com IS NOT LIABLE
UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF OR YOUR
INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICE THROUGH TOLL OR LOCAL ACCESS
NUMBERS. CarrierWing.com / CarrierWingLLC.com IS NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS
NUMBER. CarrierWing.com / CarrierWingLLC.com SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF
OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY
VENDORS AND ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS. CarrierWing.com / CarrierWingLLC.com ALSO
SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR
GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE CarrierWing SERVICES IN ANY COUNTRY.
22. No Warranties CarrierWing.com / CarrierWingLLC.com DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PUPOSE OF
ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT. CarrierWing.com / CarrierWingLLC.com ALSO
SPECIFICALLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE LEGALITY OF
THE USE OF ANY OF THE CarrierWing SERVICES IN ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA
23. Force Majeure CarrierWing.com / CarrierWingLLC.com shall not be liable for ts failure to perform any of its obligations under this Agreement if such
failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake,
flood, water, labor disputes, terrorism, failure of any satellte or other connecting telecommunications faciliies, or any other matter
beyond the reasonable control of CarrierWing.com / CarrierWingLLC.com
24. Indemnity You agree to indemnify, defend and hold CarrierWing.com / CarrierWingLLC.com, its officers, directors, employees, agents, shareholders,
licensors, suppliers and any third party information providers to the Website, harmless from and against all claims, actions,
proceedings, expenses, damages and liabilties, including attorney's fees, which are the result of, or are in any way related to, your
use of the WebSite or CarrierWing.com / CarrierWingLLC.com's services, o your transactions or communications with third party vendors initiated via the
Website or the Service.
25. Arbitration Al disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction,
interpretation and/or enforcement, arising out of or in any way connected to this agreement shall be submitted for final and binding
resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall
take place in New York, New York. The award rendered by the arbitrator may be entered as a judgment in any court of competent
jurisdiction. The cost of the arbitration and the attorneys' fees of the prevailing party shall be assessed against the party against
whom the award is rendered
26. Consent to Communications By entering into this agreement, you consent to the receipt of electronic mail (‘e-mail", text
messages and customer service phone communication from CarrierWing.com / CarrierWingLLC.com. In addition to sending you e-mail nofifications as
provided for above, CarrierWing.com / CarrierWingLLC.com may also send you communications about services and products we believe may be of
interest to you. You may opt out of future e-mails and text messages about products or services by contacting us by e-mail at
Support@CarrierWing.com / CarrierWingLLC.com. CarrierWing.com / CarrierWingLLC.com reserves the right, however, to continue to contact you regarding important information
relating to your account, or this agreement
27. Modifications/Amendments This agreement may be modified or amended by CarrierWing.com / CarrierWingLLC.com at any time. Unless otherwise
provided, all such modifications or amendments shall be effective immediately upon posting on the Website under "Terms and
Conditions.” Furthermore, you will be asked to verify acceptance of these terms when you sign up and recharge your account
YOUR CONTINUED USE OF YOUR ACCOUNT AFTER RECEIVING THE NOTICE WILL BE CONCLUSIVELY DEEMED TO BE
ACCEPTANCE OF ANY SUCH MODIFICATIONS.
28. Trademarks All corporate names, service marks, logos, trade names, trademarks, websites and domain names of CarrierWing.com / CarrierWingLLC.com
(collectively "Marks"), including but not limited to "CarrierWing.com / CarrierWingLLC.com" are and shall remain the exclusive property of CarrierWing.com / CarrierWingLLC.com
and nothing in this agreement shall grant you the license to use such Marks without the express written permission of
CarrierWing.com / CarrierWingLLC.com. CarrierWing.com / CarrierWingLLC.com retains ownership and all rights to the CarrierWing.com / CarrierWingLLC.com name, logo, software, databases, reports,
web site, and information. CarrierWing.com / CarrierWingLLC.com reserves the right to restrict the use of its name, system, logo, software, lists,
databases, reports, and any information created or obtained by CarrierWing.com / CarrierWingLLC.com. However, each individual user has the right to use
the CarrierWing name on their site to further promote the CarrierWing.com / CarrierWingLLC.com service to the Internet community at large if they so wish
29. Severability If any provision of this agreement is held to be invalid, illegal or unenforceable, the remaining provisions will of this
agreement will continue in full force and effect
30. Integration This agreement, together with any written amendments or modifications, constitutes the entire agreement between
you and CarrierWing.com / CarrierWingLLC.com with respect to the services provided hereunder. It supersedes and replaces all prior or contemporaneous
understandings or agreements, witten, electronic or oral, between you and CarrierWing.com / CarrierWingLLC.com
31. Governing Law This agreement, and all modifications/amendments thereto, shall be governed by the law of the State of New
York, U.S.A., without giving effect to its conflicts of laws principles.
32. Disclaimer The materials contained on this web site are provided for general information and entertainment purposes only and do
not constitute any form of advice. CarrierWing.com / CarrierWingLLC.com assumes no responsibility for the accuracy of any particular statement and
accepts no liability for any loss or damage which may arise from reliance on the information contained on this site. Links to other
web sites may at imes be provided for your enjoyment, but CarrierWing.com / CarrierWingLLC.com accepts no responsibility or liability for access to or
the material on any web site which s linked from or to this web site. By providing links to other sites, CarrierWing.com / CarrierWingLLC.com does not
quarantee, approve or endorse the information or products available at those sites, nor does a link indicate any association with or
endorsement of the linked site by CarrierWing.com / CarrierWingLLC.com
33. Language All communications and notices to be made or given pursuant to this Agreement shall be in the English language.
34. Email Marketing Please note: When you sign up for an account at CarrierWing, your email address is automatically entered into
our newsletter database. The newsletter is generally sent out 10-13 times a year, and it offers coupon codes, sale items, feature
products, and informative articles. Simply click on the unsubscribe button, found at the bottom of the newsletter, if you do not wish
receive future newsletters. Email addresses are not sold or shared with other companies. They are used solely by CarrierWing