Terms of Service

InstaTalk Terms of Service

The IntaTalk Subscriber Agreement

Instatalk Communications, trading as InstaTalk, provides VoIP services to customers in accordance with the terms and conditions set forth in this agreement.


By registering for, activating, making use of, or by paying for InstaTalk’s site or services you acknowledge having read and agreed to these terms, and you represent that there is no legal impediment to your entering or being bound by this agreement.

Billing, Pricing and Charges

Usage of InstaTalk’s services will be charged according to the current price list as made available on the InstaTalk site. Changes to our pricing shall become effective immediately upon posting to the site.


InstaTalk accepts no liability for any charges assessed by a third party provider when used in conjunction with InstaTalk's services. Your access to and use of a service provided by a third party provider is subject to the provider's terms and conditions. As soon as your call is connected to a phone number provided by InstaTalk, the call may be charged regardless of whether you are connected to the receiver of the call.


The rates that will be charged for calls will be based on a rate which is exclusive of any applicable taxes and surcharges. This rate will be the rate advertised on the InstaTalk website at the time of the call.


Cost of call calculation will be based on the length of the call rounded up to the next nearest full minute.


Payment for InstaTalk’s services is billed on a pre-pay basis, unless otherwise agreed by both parties. You agree that our services will not be provisioned until sufficient pre-payment has been made, and that service may be terminated immediately if sufficient pre-payment has not been made. It is your ongoing responsibility to ensure that your account maintains the necessary balance to provision the service.

Refund Policy

Refunds will only be made for orders within 90 days of completion. No refunds of less than $3 will be made against each order. Refunds are subject to an administration fee of the greater of 10% or $1.


You agree that InstaTalk can expire any credit that remains unused for a rolling period of 365 days (if you do not make a call for 365 days the credit will expire). Such expiration renders the balance non-refundable.

Measuring Usage

You agree that InstaTalk’s records are conclusive evidence of your use of the site and service. Furthermore, you acknowledge that these records will be used to calculate charges incurred.


You agree to be held fully responsible for all use of and fees related to your account, and accept full liability and responsibility for the actions of anyone who uses the site or service via your account, whether authorised or unauthorised, except when unauthorised use is solely attributed to an act or omission on the part of InstaTalk.


You agree that InstaTalk should not be and is not responsible for any third party claims against us that arise from your use of the Service. Further, you agree to reimburse us for all of our costs and expenses related to the defence of any such claims, including legal fees, unless such claims are based on our wilful misconduct or gross negligence.


You must notify InstaTalk within thirty (15) days of the date on your credit card or debit card statement if you dispute any InstaTalk charges on that statement or such dispute will be deemed waived.

Internet Phone (VoIP)

The Service requires Equipment, or software obtained through InstaTalk or a third party, that allows you to place and receive calls by using your high-speed Internet connection. InstaTalk does not provide or support your high-speed Internet connection, which you need to supply at your own expense. We recommend that your high-speed connection have a capacity of at least 120 Kbps upstream and downstream.


Since the Service depends on your high-speed connection, the correct configuration of the Equipment, and an adequate power supply, InstaTalk does not guarantee continuous availability. You acknowledge and understand that the Service will not function in the absence of electrical power or if there is an interruption of your high-speed Internet connection. A power failure may require you to reset or reconfigure your Equipment or other equipment in order to restore the Service.


You understand and acknowledge that the Service may not be compatible with all non-voice communications equipment, including but not limited to, home security systems, medical monitoring equipment, fax machines, satellite television systems, and computer modems. You waive any claim against InstaTalk for interference or disruption of such services and equipment.

Free Test Calls

Free test calls are provided at the discretion of InstaTalk and can be withdrawn at anytime.

Liability & Indemnification

You agree to indemnify InstaTalk and its agents, and hold them harmless from any claims or damages relating to this agreement. You agree not to hold InstaTalk or its agents liable for any loss of business, contracts, savings or profits, or any other damages or losses (direct or consequential) to the extent that InstaTalk’s liability can be limited by law.


You are expressly prohibited from using the Service or Equipment for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide the Service to you or other customers or avoids your obligation to pay for communications services.


InstaTalk, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions, or if you act in a manner that is threatening, obscene, harassing, or abusive to InstaTalk personnel.


You are liable for any and all use of the Service by any person using the Service provided to you and agree to indemnify and hold harmless InstaTalk against any and all liability for any such use. If InstaTalk, in its sole discretion, believes that you have violated the aforementioned restrictions, InstaTalk may forward personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.


You are expressly prohibited from any use of the Service or any other action that, in InstaTalk’s sole discretion, is deemed to present a risk to the network integrity or security of InstaTalk or its vendors, whether directly or indirectly. InstaTalk, in its sole discretion, may terminate your Service without advance notice if it determines your actions could cause a network disruption or security breach.

Term of and Changes to This Agreement

The terms of this agreement shall come into effect immediately upon appearing on the InstaTalk website, as indicated by the time-stamp at the foot of this document. InstaTalk may terminate this agreement at any time for any breach of these terms or any applicable policy as posted on the InstaTalk website. No reimbursement for any fees charged in connection with InstaTalk’s services shall be issued for such a termination.


Any provision of this agreement relating to term, payment, liability, indemnification, governing law, or confidentiality shall survive termination or expiration.

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 or the Service without our prior written consent.

Privacy

InstaTalk Service utilises, in whole or in part, the public Internet and third party networks to transmit voice and other communications. InstaTalk is not liable for any lack of privacy which may be experienced with regard to the Service. In addition, InstaTalk will provide personally identifiable customer and call detail information in response to lawful government requests, subpoenas, and court orders, as well as law enforcement requests. Please refer to our Privacy Policy applicable to you on the InstaTalk web-site for additional information.

Notices

InstaTalk primarily communicates with users of the Service via email. Email from InstaTalk is used to communicate important information about the Service, including billing and changes to the Service, much of which is time-sensitive. InstaTalk reserve the right to withdraw any service offered by the company immediately without prior warning or notice. You acknowledge that email from InstaTalk constitutes official notice from InstaTalk and that you are required to read in a timely manner all email messages sent to the email address specified by you at the time of registration for the Service in order to avoid any potential disruption of the Service. You also acknowledge that you are responsible for notifying InstaTalk of any changes in your email address.

General Provisions

InstaTalk will not be responsible to you for any delay, failure in performance, loss, or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labour disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.

Referral bonus

A user is entitled to a referral bonus only when he has previously done atleast one credit purchase with InstaTalk and that the person who is referred to is a new user and has never purchased credit from us.
To avail this bonus, the referred person needs to enter the referrer's username in the box provided during checkout.
InstaTalk has full rights to discontinue this bonus and/or can alter its structure in future.
The bonus earned will be checked and credited to the user's account manually to keep a check on its misuse.
InstaTalk resellers are not entitled to Referral bonus.

Coupons

Coupons are a means to earn extra credits and can be availed by adding coupon value in checkout.
InstaTalk has rights to discountinue and/or modify the coupons structure anytime in future without notice.
InstaTalk resellers are not entitled to use coupons.

Bonus on number verification

First time users who are verifying their phone number are entitled to this offer.
InstaTalk has rights to discountinue and/or modify the bonus/its structure anytime in future without notice.

Reseller commission

InstaTalk has the rights to modify the reseller commission structure anytime in future with notice.
Reseller commission is in the form of extra credits that are credited in reseller's account and this is a manual process to avoid any discrepencies.

Call Rates (pricing)

The call rates that are displayed on the pricing page are latest and InstaTalk has the rights to modify/change/remove them anytime in future without notice.

This agreement was last updated: 2015-08-10 15:00 IST