Terms of Use
I.-USE
Customer will be required to prepay for all usages of this service. Customer also agrees not to use service for any unlawful or abusive purpose or in such a way as to create damage or risk to Kira reputation, employees, facilities, third parties or to the public in general. Customer has no proprietary or ownership rights to or interest in a specific telephone line, telephone number or telephone numbers ("Number") assigned to you by kira and the number is not portable to any other service provider. Customer may not program the number into any equipment or infrastructure in or on which the number is intended or used as the origination or destination of a communication other than the ring location that was authorized by kira. KIRA reserve the right to provide service to those who attempt to make any damage to our company, system, or employees.
Customer is responsible to know the rules of the facility where he/she wants to receive the calls from, there are some restrictions or rules to call outside of the facility. Kira is not responsible to know the rules of each of the facilities. Kira provides the service to the outside of the facility. Customer is responsible to inform Kira the inmate is transferred to a new facility, otherwise customer will pay not be allowed to save as much as they can.
Kira is a service provider that offers access to, and use of, certain applications including its web page and telephone number(s) to the city/state/county/ and/or country in which the customer wishes to set up his/her account under the terms and conditions set forth in this agreement.
Now therefore, in consideration of the mutual covenant(s) and agreements hereinafter set forth and for other good and valuable consideration, customer and Kira agree to the foregoing as follows:
-By activating your account we understand that you have read and accepted the terms and conditions of this contract. It is the subscriber(s) responsibility to review the terms clearly posted on the company website to be aware of any changes made. Claim for failure to know these terms will not be acceptable in any way, shape, or form, since they are public places with free internet access. Kira does not use paper for "statement" or "terms of use". terms of use are permanently in our web page.
II.-TERMS.
The term of this agreement is a month to month contract; The term of the service shall continue for as long as the subscriber continues to replenish their account for as many months thereafter as said subscriber decides to continue service. The agreement is only with the buyer, the account is non-transferable. Customer can cancel the service at any time.
Customer authorize Kira to charge every 30 days to their credit card funds to add to their account, The amount will depend on the plan chosen by the customer.
III.-PROMOTIONS FUNDS.
Promotion funds are not refundable they must be used for calls only. A customer cannot request the promotion funds refund by money, shape or any form.
IV.-TAXES.
Taxes are NOT included in KIRA prices.
V.-CANCELATION.
Subscriber is free to cancel service with Kira at any time, there is NO cancellation fee.
Set up and monthly fees are non refundable; Once your account is cancelled it may be a charge for reactivation.
VI.-REFUNDS.
There will be NO FULL REFUND this applies to all customers. Set up fee and monthly payments are non refundable. The term of contract is a month to month. Any refunds that are granted will be under Kira consideration and will be paid during 45 days after the end of service. The refund will be made to the same credit card the customer use to make payments to KIRA.
If applicable, accounts that are cancelled the same day of set up may be refunded the initial monthly plan fee, the set up fee is never refundable. When canceling the account within 5 days of set up they will be a refund of 50% of the monthly calling plan fee minus the usage of minutes. For cancelations after 5 days of service they will not be a refund.
WARRANTIES OF SERVICE
Kira is not responsible for non complete call due to any natural disaster like fires, earthquakes or similar due to any natural or technical difficulties in the facilities. KIRA provides no warranties of any kind on the service, since we are a long distance provider not a jail collect call provider. Customer its responsible to know the rules to receive collect calls from the Kira, correctional, for the one they are requesting our service. Kira is not responsible if the jail (prison, correctional, facility) don't want to provide service to our customer using our number. It is up to the customer to determine if this system is the correct way to save money in their calls.
Disclaimer.
Except as otherwise set forth herein, Kira makes no representations of warranties, whether expressed, implied or statutory regarding or relating to the Service and/or access to the use of the telephone line service provider to the customer under this agreement. Kira specifically disclaims any and all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
LIMITATION OF LIABILITY
Kira liability under this agreement for any direct damages of any kind will not exceed an amount equal to the amount paid by customer to Kira starting on the date that the liability to customer accrues. In no event shall KIRA be liable for incidental or consequential damages or lost profits.
INDEMNIFICATION
Customer agrees to indemnify, defend, and hold kira harmless. Its managers, directors, employees, independent contractors, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability including reasonable attorney's fees, to the extent that such action is based upon a claim arising out of or relating to Customer's use of/and or access to the telephone line provided by kira. Customer specifically acknowledges that Kira shall not be liable to customer for losses, if any, incurred as a result of fraudulent or unauthorized misuse of kira
PROPRIETARY RIGHTS
No right, title or interest of intellectual property or other proprietary rights in and to Kira and/or its products or services made available under this agreement is transferred to the Customer hereunder. Kira and its third party licensors retain all right, title and interests, including, without limitation, all copyright, trade secrets, intellectual property and other proprietary and/ or any other service provided under this agreement.
CHANGES TO THIS AGREEMENT
Kira may in some cases be forced to change these terms of use without notice and may be amended from time to time. It is the subscriber(s) responsibility to review the terms clearly posted on the company website to be aware of any changes made. No claim for failure to know these terms will be acceptable in any way, shape, or form. By activating your account we understand that you have read and accepted the terms and conditions of this contract.
FORCE MAJEURE
Neither party shall have any liability to the other or to third parties for any failure or delay in performing any obligation under this agreement due to circumstances beyond its reasonable control including without limitation acts of god or nature, actions of the government, fires, floods, strikes, civil disturbances or terrorism, or power, communications, satellite or network failures.
SEVERABILITY
If any provision of this agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this agreement, unless Kira in good faith deems the unenforceable provision to be essential, in which case Kira will have the right to terminate this agreement in accordance with the terms of cancellation.
THIRD PARTY BENEFICIARIES.
Customer acknowledges that some third party licensor (Providers) are third party beneficiaries to this agreement, and there are no other third party beneficiaries.
SYSTEM AND NETWORK SECURITY
Violations of system or network security are prohibited and may result in criminal and civil liability. Kira may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
*Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
*Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
*Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Forging of any packet header or any part of the header or in any part of the header information in e-mail or a newsgroup posting.
Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Kira. Such labor is categorized as emergency security breach recovery and is currently charged at $250 USD per hour required.