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End User License Agreement
Network Communications International Corp Prepaid Destination Collect Account 1. Terms and Conditions for the Prepaid Destination Account: This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which a Prepaid Destination Collect Account has been created for you. The Account is a prepaid account created by Network Communications International Corp (Provider). By accepting and using this Account, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement “You” and “your” mean the person or persons who have been authorized to utilize the Account as provided for in this Agreement. “We”, “us”, “our”, and “Provider” mean Network Communications International Corp (NCIC) our successors, affiliates or assignees. The Account will remain the property of the Provider until the entire balance is used. Please read this Agreement carefully and keep it for future reference. 2. Definitions: This Account is a Prepaid Destination Collect Account. The Account is not connected in any way to any other account you may have. The Account is a Prepaid Account loaded with a specific amount of funds by you; redeemable to purchase telephone services anywhere the Provider services an Inmate Facility. The Account is NOT a credit Account. You will not receive any interest on the available funds on your Account. IMPORTANT INFORMATION ABOUT PROCEDURES FOR CREATING A PREPAID DESTINATION ACCOUNT: What this means for you: When you ask us to create an Account, we will ask for your name, address and other information that will allow us to identify you and any authorized user of the Account. 3. Using Your Account: You may use your Account to pay for telephone calls and fees from inmate facilities that the Provider services. The Account cannot be used for commissary transactions or any other activity associated with the inmate. Each time the authorized inmate uses your Account, you authorize NCIC to deduct the amount of the transaction from the balance of the funds associated with the Account. You are not allowed to exceed the balance of the funds available on your Account. An attempt to use the Account when there are insufficient funds will result in the inmate not being able to place a call. You, the Account holder, will be notified that the balance is insufficient on the Account and you will have the opportunity to replenish the Account by contacting the Customer Service Center at 1-800-943-2189. 4. Account Expiration: A prepaid collect account is deactivated when no customer initiated activity occurs within 180 days following the last customer-initiated transaction. The Available Usage Balance expires twelve months from the date of the last customer-initiated activity. 5. Loading and Reloading Your Account: You may add funds to your Account at any time. There is no required minimum to fund the Account. Your Account allows for an unlimited number of reloads. You agree to present the Account and any required identification when you add funds. 6. Refunds: You are entitled to request a refund for the remaining balance on your account. There is no charge for a refund. It may take up to 7 days for the amount of the refund to be credited to your Account. Customers may choose to have their remaining balances refunded to a prepaid card that is available for use anywhere in the contiguous USA. Check or credit card refunds are available if request is within 180 days of the last customer initiated activity. 7. Receipts: You may provide an email address to obtain a receipt at the time you make a transaction using your Account. You agree to retain your receipt to verify your transactions. 8. Our Liability for Failure to Complete Transactions: We will not be liable: If, through no fault of ours, you do not have enough funds available on your Account to complete the transaction; If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; If we have reason to believe the requested transaction is unauthorized; Any other exception stated in our Agreement with you. 9. Accessing Information: You may obtain transaction and balance information by calling the Customer Service Department at 1-800-943-2189. 10. No Warranty Regarding Uninterrupted Use: We are not responsible for the quality of telecom services you purchase with your Account. From time to time the telecom service provider’s service may be inoperative, and when this happens, you may be unable to use your Account. Please notify us if you have any problems using your Account. You agree that we are not responsible for any interruption of service. 11. Assignment: Your Account and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. 12. Governance: If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Account is issued by NCIC. This Agreement will be governed by the law of the State of Texas except to the extent governed by federal law. 13. Amendment and Cancellation: We may amend or change the terms of this Agreement at any time. You may cancel this Agreement by calling the Customer Service Department at 1-800-943-2189. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. Upon verbal cancellation or closing of the Account and request for a refund on balances exceeding $2.51, we will release any remaining available funds, less the amount of any outstanding transactions and less applicable service charges and fees. 14. Unclaimed Property: If you have not requested a refund of the remaining available funds on an expired or repossessed, revoked, cancelled or closed Account, or made contact with us regarding your Account and any remaining available funds within statutory prescribed periods applicable to unclaimed property, the available balance on your Account may become unclaimed property subject to escheat. If we do not have your address, in disposing of any remaining available funds on your Account after a period of inactivity or dormancy, unless otherwise required by applicable law, we will adhere to the laws of the State of Texas or the state in which the prepaid account holder resides, pertaining to the disposition of unclaimed property. 15. Privacy and Data Protection: Information We Collect (“Account Information”): (a) Information about transactions on the Account, such as date of transaction, origination facility and the amount of the transaction (b) Information you provide to us when you set up an Account or when you contact us with customer service issues. Information Security: Only those persons who need it to perform their job responsibilities are authorized to have access to Account Information. In addition, we maintain physical, electronic and procedural security measures that comply with federal regulations to safeguard Account Information. Disclosure: We may use Account Information to provide customer services, to process customer service claims or to help protect against fraud and to conduct research and analysis. In addition, it is often necessary for us to disclose Account Information for the same purposes to companies that work with us. For example, we may provide certain Account Information to companies that perform operations or services on our behalf. We may also provide certain Account Information to others as permitted by law, such as government entities or other third parties in response to subpoenas. 16. Telephone Monitoring/Recording: We may periodically monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law. 17. Arbitration: Any controversy or claim arising out of or relating to these Terms and Conditions or the provision of services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Texas, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from the court of competent jurisdiction in the State of Texas necessary to protect the rights or property of you or us (or our agents suppliers, and subcontractors) pending the completion of the arbitration. 18. Waiver of Jury Trial: We and you each expressly waive any right either may have to a trial by jury in any legal action or other proceeding pertaining to any controversy or claim between you and us arising out of or relating to the Account, including those pertaining to these Terms and Conditions or our provision of services relative to the Account. This waiver of a trial by jury and the above agreement to arbitrate all controversies and claims on an individual basis and not as a class or group, is material inducement to the issuance of the Account by us to you and your acceptance of and use of the Account. 19. Fees Charged to the Account: Subject to applicable law, account fees will be charged. Fees and charges will be disclosed when you set up your Account and will be deducted from your available balance when they occur. We will not provide you prior notice of any deductions of service charges or fees. It is possible for service fees and charges to consume the available funds on your Account prior to the expiration date of your Account.
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