These terms and conditions constitute the agreement (the “agreement”) between customer and Vidacasa. For purposes of the agreement, “customer” means the person & company identified by Vidacasa’s accounting as responsible for payment of charges and any person with authority to represent that person. Vidacasa requires that anyone joining the membership of Vidacasa is buying and/or selling the number wholesale.
Customer authorizes Vidacasa
The purpose is to verify its creditworthiness with a credit reporting agency if needed to determine customer’s eligibility for products. If customer is approved for products, customer agrees not to use products for any unlawful or destructive purpose or in such a way as to create damage or risk to Vidacasa business, reputation, employees, facilities, third parties or to the public in general.
Except otherwise set forth herein, Vidacasa shall deliver the products for the entire duration of the products term, and customer shall pay all charges for delivery thereof through the end of the products term. To the extent that the products term for any products extends beyond the agreement term, then this Agreement shall remain in full force and effect for such products until the expiration or termination of such products term.
If the products are stolen or are fraudulently used, customer must immediately notify Vidacasa and provide such documentation and information as Vidacasa may request which includes, but is not limited to, a copy of a filed police report. Customer agrees to cooperate with Vidacasa in any fraud investigation and to implement any fraud prevention measure Vidacasa prescribes. Failure to provide reasonable cooperation will result in Customer liability for all fraudulent usage. Customer agrees to advise Vidacasa if products usage changes from either residential or business use.
In each transaction, there is a buyer and seller. The buyer and the seller understand that once a trade or exchange is completed, this concurs an agreement. The agreement is that neither party will cancel the trade or exchange during the period of time in which the products are being processed.
Billing and Payment of changes for Customer
When a customer hits checkout button, they agree to make the payment billed to them, under any reason. All sales are final.
Customer agrees that (a) it would be impractical to determine the exact amount of Vidacasa’s damages if customer fails to pay promptly, and (b) in the event of such failure, customer shall pay Vidacasa the amount due plus any bank charges or transaction fees that may occur due to a charge back or improper credit card number provided for payment to Vidacasa. If Vidacasa accepts late or partial payments or payments marked “Paid in Full” or similar notations, it will not waive any of Vidacasa rights hereunder nor will it constitute an accord or satisfaction.
Credit card charges
If you have an issue with credit card charges, you should contact our company Vidacasa first by logging into your account and create a ticket of communication concerning the matter. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any product(s) we provide, you agree that we may suspend access to any and all accounts you have with us.
Vidacasa reserves the right to terminate products at Vidacasa’s discretion. Vidacasa may discontinue the products, for any reason including without limitation, if it has reason to believe that there have been attempts to hack or disrupt the system, or that the products is being misused in any way. In the event of customer default – i.e. Customer does not pay any sum when due, breach any representations Customer made to Vidacasa, fail to perform any of customer’s obligations set forth in this agreement between customer and Vidacasa, are suspected by Vidacasa of committing fraud, harming Vidacasa’s network, harming products to other customers, using products in any way that damages Vidacasa – customer will reimburse Vidacasa for its attorneys’ and expert witnesses’s fees and costs of investigation, collection and similar expenses incurred by Vidacasa in the enforcement of any right or privilege hereunder. If this agreement is terminated because of customer default, Vidacasa may keep any charges or sums prepaid by Customer upon termination. Vidacasa may require reactivation charges to renew products after termination or suspension.
Limitation of Liability
Vidacasa’s nonperformance hereunder shall be excused and Vidacasa shall not be liable if caused by act or omission of an underlying carrier; equipment, network or facility failure; equipment, network or facility upgrade or modification; acts of god; strokes; fire; war; riot; government actions; equipment, network or facility shortage; equipment or facility relocation or causes beyond Vidacasa’s control, including without limitation the failure of an incoming or outgoing call, call to be connected or completed, or degradation of voice quality. Vidacasa’s liability for any failure or mistake shall in no event exceed Products charges during the affected period. Vidacasa is not liable for any incidental or consequential damages of any type.
Customer agrees to defend, indemnify, and hold Vidacasa and its affiliates, harmless from any claims or damages relating to any third party claim for breach of intellectual property rights in relation to any misuse of the Vidacasa products by customer. Vidacasa agrees to defend, indemnify, and hold customer and its affiliates, harmless from any claims or damages relating to any third party claim for breach of intellectual property rights in relation to any use of the Vidacasa products or products provided to the customer by Vidacasa.
Any dispute or claim between customer and Vidacasa arising out of or relating to the products or Device provided in connection with this agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. The arbitrator shall have no authority to award punitive damages. Customer acknowledged that this arbitration provision constitutes a waiver of any right to a jury trial.
Cost of Arbitration
All administrative fees and expenses of arbitration initially will be divided evenly between customer and Vidacasa. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation of evidence in arbitration. The prevailing party shall be awarded all attorneys’ fees and costs attendant to each arbitration proceeding. The decision of the Arbitrator shall be final.
Customer acknowledges that the customer is of legal age, has receives a true copy of this Agreement that is available online and has read and clearly understands the terms of this agreement. Customer notes that there is a reference to these terms of products URL on customer’s order form agreement.
Notices to customer shall be sent to the email address on file for customer at Vidacasa and will be considered given on the date sent by Vidacasa.