Terms & Conditions
The Services are not designed for the transmission of emergency calls, such as calls to 911 and other emergency numbers. You, or any person using your Account, are responsible for dialing the relevant emergency number directly from your phone line not using our Services.
"Service Guides" mean the service guides that set forth the specific price and charges, service descriptions and other terms and conditions that apply to each of the Services. You can review the Service Guides on the Website. This Agreement incorporates by reference the prices, charges, terms and conditions contained in the Service Guides.
"Services" means the telecommunications services provided by KeKu through StanaCard LLC, its parent company, as more specifically described in the Service Guides. The Services may not be available in all locations.
B. Sign-Up and Use of Services
1. Opening an Account
You may only register your own private telephone number to use the Services (e.g., public, hotel, office, hostel numbers are not permissible). You will be solely liable for all charges resulting from your registration of any telephone number.
Once you have been accepted as a KeKu customer, we will send you an e-mail message that confirms that you have become a KeKu customer and provides you with information concerning your KeKu account (your "Account"). The e-mail will also provide you with your account login credentials. A unique 14-digit Personal Identification Number (PIN), which you must use when using the Services to call from or to phone numbers that are not registered on your account, will be available within your account information on KeKu.com. Your Account is considered to be activated as soon as you provide your email address and phone number. You acknowledge and agree that (i) the information you provide to us regarding your Account opening and any subsequent changes shall be complete, correct and true (ii) you shall promptly (in no less than 3 days) notify us of any change to such information, either by updating your Account directly, or by notifying us by e-mail sent to email@example.com.
To use the Services, you will provide us with your personal identification information as well as a valid credit, debit or charge card number accepted by KeKu, or other information for payment services accepted by KeKu. We may use such information to verify your identity (as permitted by law). We may change account name and number and PIN at any time in our sole discretion.
We may deny your application and refuse to provide you with the Services for any reason, which determination shall be made at our sole discretion.
Subject to the conditions of this Agreement, we grant you a revocable, non-exclusive, non-sublicenseable, and non-transferable license to use the Services subject to the terms of and for the duration of this Agreement.
3. Confidentiality of Account Information
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND PIN, AND YOU AGREE TO PAY FOR THE SERVICES CHARGED TO YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. WE SHALL NOT BE HELD RESPONSIBLE FOR FRAUDULENT CHARGES THAT RESULT FROM THEFT OR FRAUDULENT USE OF YOUR CREDIT/DEBIT/CHARGE CARD OR PIN. If you believe that your Account and/or PIN is being used in an unauthorized manner, you must contact us immediately so that the appropriate modifications can be made to your Account. Please be aware that your Account information will be sent to the e-mail address that you entered on the application when you applied to become a KeKu customer. You are responsible for maintaining a current, operational and secure e-mail address and for promptly reading e-mail from us so that we can notify you of updates to the Services and provide information concerning your Account. We shall not be responsible for any damage caused to you or losses incurred by you if others obtain access to your email account and obtain your Account information or other personal information.
You agree that you are responsible for paying the charges to use the Services, or if you are under 18, that you have permission to use the Services from the adult responsible for paying the charges.
5. Unauthorized Use of Phone
If a phone you use to access the Services is lost or stolen, or if it is being used to access your Account or the Services without your permission, you are required to notify us immediately. You are responsible for all charges to your Account until we are able to suspend the Services.
6. Access Numbers and Your Own Phone Charges
We are not responsible for any charges you incur in using your phone to access the Service, including charges billed to you by your mobile phone or other communications provider, and we will not reimburse you for any such charges. Charges we are not responsible for include but are not limited to, toll charges in connecting to the relevant KeKu Local Number or other access number, charges from your mobile or other phone provider for per-minute charges and any roaming fees that may apply from your mobile phone provider.
You acknowledge that KeKu's Local Numbers and access numbers are the property of KeKu and may not be ported out.
7. Customer Service and Support
If you have questions, concerns or complaints about the Services, you may send an e-mail to our Customer Support department at firstname.lastname@example.org. Customer Support is available 24 hours a day, five days a week (not available on weekends). Please allow 24-72 hours for a reply.
C. Charges and Payment
1. Calling Rates and Charges
Our rates and charges are listed on the Website and in the applicable Service Guides and are incorporated by reference herein. The rates and charges for any particular call may depend on a number of factors, including whether you are calling from a payphone or to or from a personal home or mobile phone. For example, if we are charged for your use of a payphone or other facility to originate a call, we will pass that charge onto you regardless of whether your call is actually completed. Whenever you choose to use a toll-free access or KeKu Local Number, you will be charged 1.5 cents per minute in addition to whatever rate applies to your destination. Rates to toll-free access numbers are 1.5 cents per minute more that the listed rate. Rates on calls to mobile phone numbers in most of the countries are more expensive than rates to regular phone numbers. You are responsible for checking all applicable rates and charges, including payphone, mobile or other facility surcharges, before making any call using the Services.
2. Rating of Calls
All rates listed on the Website are per minute rates. Charges for telephone calls are measured in whole minutes. All calls which are fractions of a minute are rounded up to the next whole minute (e.g., a call which lasts 1 minute, 25 seconds will be charged as a 2 minute call). Timing on calls begins when the call is answered by the called party, including a voicemail or automatic reply. Timing terminates on calls when the calling party hangs up or KeKu's network receives an "on-hook" signal from the terminating carrier. We may change the billing period or billing increment from time to time by posting any such change on the Website. All changes that are required by law or a governmental authority shall be effective immediately.
3. Should Services at any time include texting services, the following applies:
3.1 Text Message Rates and Charges
Our rates and charges are listed on the Website and in the applicable Service Guides and are incorporated by reference herein. The rates and charges for any particular text message may depend on a number of factors, including whether you are texting from a mobile application, our website or to or from a personal home or mobile phone. For example, if we are charged for your use of another facility to originate the text message, we will pass that charge onto you regardless of whether your text message is actually completed. You are responsible for checking all applicable rates and charges, including payphone, mobile or other facility surcharges, before sending any text message using the Services.
3.2 Rating of Text Messages
All rates listed on the Website are per text rates. If you send a text message longer than 150 characters it will be sent, billed and charged as multiple text messages no longer than 150 characters and you will be charged for each text message generated. The international SMS network is built on the "best effort" principle. This means that delivery of messages cannot be guaranteed and we do not refund credits for unsuccessful messages. We may change the single message size from time to time by posting any such change on the Website. Your wireless carrier's normal messaging and data rates may apply and are your sole responsibility. All changes that are required by law or a governmental authority shall be effective immediately.
4. Application of Payments and Credits
When a call is charged against your account, we will first charge against all available balance purchased with your credit, debit or charge card, or otherwise funded by you. Once such credits are depleted, we will charge against any available bonus, promotional or other credits in your account.
5. Taxes and Other Charges
You must pay all taxes, fees, surcharges and other charges that we bill you for the Services, unless you can show documentation satisfactory to us that you are exempt. Government Universal Service Fund fees are included in the listed rates. Taxes, fees, surcharges and other charges will be in the amounts that federal, state and local authorities require us to bill you. Any customer with a billing address in the State of New York will be charged the applicable New York State sales tax. We will not provide advance notice of changes to taxes, fees, surcharges and other charges, except as required by applicable law.
6. Rate Changes
We may change the rates and charges for the Services and offer special promotions from time to time without providing advance notice.
You agree to pay us for the Services at the rates and charges listed in our Service Guides. It is your responsibility to notify us of any changes to your credit, debit, charge card or other payment information, including the expiration date. If for any reason your credit balance becomes negative, you hereby authorize us to charge the negative balance to any credit card on file with your KeKu account without any additional confirmation. Please note that we reserve the right to retain any credit, debit, charge card or other payment information you provide to us and to charge outstanding amounts to any such card or account so long as your Account remains active and for a reasonable period thereafter. If the charge to your credit, debit, charge or other account is not accepted (e.g. the card is no longer valid or you have instructed the credit/debit/charge card company to block, reject or refuse to pay such charge) for any reason other than your disputing in good faith the validity of Service charges, we may charge you an additional fee of $20 per transaction as well as a late fee of 1.5% per month, which we will apply to that period's unpaid balance and any outstanding amounts that remain unpaid at the time of the next bill. If the local law where you receive the Services requires a different fee or rate, we will charge that fee or apply that rate.
8. Billing Disputes
You are responsible for reviewing your monthly statements or billing information, as the case may be. You must notify us by e-mail (email@example.com) of any disputed charges within thirty (30) days of the charge being posted to your Account. To the extent we determine that a billing adjustment is warranted, we will credit your Account as provided in the applicable Service Guide. If you fail to notify us of a billing dispute as noted above, you hereby waive all rights to bring any claim regarding the particular charge.
9. No Refunds
Once you have used any amount purchased, including bonus credit, all of such amounts immediately become non-refundable.
D. Suspension and Cancellation of Services
You may discontinue using the Services at any time by notifying us by e-mail (firstname.lastname@example.org). We will deactivate your Account as soon as practicable; in all cases, you will remain responsible for payment of all charges for Services rendered up through such termination.
2. Expiration Policy
We may, in our sole discretion, elect to terminate your Account and your PIN after six (6) months of inactivity (measured from the date of last use). If you desire to keep your Account active, you may request an extension of the expiration period by notifying us by e-mail (email@example.com). Upon receipt of your request, we may, at our sole discretion, provide you with an extension of the expiration date of your Account and your PIN. All extensions will be confirmed by us via e-mail. Please note that we are not obligated to provide you with such an extension nor are we obligated to refund any remaining balance left in your prepaid Services Account as of the date it expires.
3. Unlawful, Fraudulent and Objectionable Use
You will not use the Services for any unlawful, abusive or fraudulent purpose, including, for example, using the Services in a way that (1) interferes with our ability to provide Services to you or other customers; (2) abuses any bonus or promotional program; or (3) avoids your obligation to pay for the Services. You will not in any way submit any materials to KeKu or otherwise take any action that would, in KeKu's sole determination, interfere with the Services or other KeKu customers, infringe the rights of any third party, or otherwise constitute objectionable conduct. If we have reason to believe that you or someone else using your PIN or Account is abusing the Services or any of our bonus or promotional programs or otherwise breaching this Agreement, we may immediately suspend, restrict, or cancel your Account and your ability to use the Services without notice. In addition, we reserve the right, at our sole discretion and for any reason, to (a) suspend, restrict, modify or terminate your Account and your access to and use of the Services and/or (b) refuse to allow you to recharge your prepaid Services Account.
We may from time to time discontinue or modify certain Services or bonus or promotional programs without notice.
5. Outstanding Charges
If your Account is suspended, restricted, or cancelled, you are still responsible for any charges that accrue through the date that we fully process the suspension, restriction or cancellation. Subject to applicable law, you must reimburse us for any reasonable costs we incur, including attorneys' fees, to collect charges owed to us or to defend ourselves. If we elect to reactivate your Account and your ability to use the Services, we may require that you prepay or pay a deposit and/or service restoration fee.
E. Indemnification, Limitation of Liability and Warranties
You agree, at your sole cost and expense, to fully defend, indemnify and hold harmless KeKu®, its parent, affiliates, subsidiaries, shareholders, directors, officers, employees, and agents from and against any and all claims, causes of action, actions, judgments, liabilities and/or damages (including without limitation reasonable expenses and reasonable attorney's fees) arising out of or in connection with (i) your use of the Services, (ii) your Account (including the use of your Account by a third party) and (iii) this Agreement.
2. Limitation of Liability
EXCEPT FOR DAMAGES CAUSED BY OUR INTENTIONAL MISCONDUCT, WE WILL NOT BE LIABLE FOR DAMAGES THAT EXCEED THE AMOUNT OF OUR CHARGES TO YOU FOR YOUR ACTUAL USE OF THE SERVICES DURING THE PRIOR ONE MONTH PERIOD. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, OR INCREASED COSTS OF OPERATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS IT IS BASED (SUCH AS CONTRACT, TORT, STATUTE OR OTHERWISE). IN ADDITION, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, THE SERVICES THROUGH TOLL OR LOCAL ACCESS NUMBERS. AS INDICATED EARLIER, WE ARE NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER.
3. No Warranties
WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT AND ON THIS WEBSITE. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING OUR EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BECAUSE THE SERVICES ARE PROVIDED OVER PUBLIC PHONE AND INTERNET NETWORKS OUTSIDE OF OUR CONTROL, THEY ARE SUBJECT TO OUTAGES, DISRUPTIONS AND INTERCEPTION, AND THAT WE HAVE NO LIABILITY FOR ANY SUCH OUTAGES, DISRUPTIONS OR INTERCEPTIONS. KeKu® IS NOT RESPONSIBLE FOR THE CONTENT OF COMMUNICATIONS TRANSMITTED THROUGH THE SERVICES.
1. Agents and Resellers
No agent or reseller is permitted to sell the Services in any manner unless it has been specifically authorized in writing by KeKu®. If you are contacted by an agent, you should contact us to confirm whether the agent has the proper authorization.
2. Access to Third-Party Vendors
We may, from time to time, offer our customers the ability to purchase various products and services from third-party vendors by accessing those third-party vendors directly through the Website via click-throughs or hyperlinks. We are not responsible for the contents of any linked site, the products/services offered through those sites, any link to other sites contained in a linked site, or any changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any links do not constitute an endorsement, guarantee, representation or warranty (either expressed or implied) by us of the site or the products/services offered through that site. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.
3. Acts Beyond Our Control
Except for your obligation to pay for the Services, neither of us is liable to the other for any delay, failure in performance, loss or damage due to causes beyond our reasonable control, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, acts or omissions of carriers or suppliers, systems failure and acts of regulatory or governmental agencies.
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of KeKu, including but not limited to, KeKu® and Stanatel™, KeKu® (collectively, "Marks") are and shall remain the exclusive property of KeKu and nothing in this Agreement shall grant you the license to use such Marks without our prior written permission.
We may assign all or part of our rights and duties under this Agreement to any party at any time without notice to you. If we do that, we will have no further obligation to you in connection with such assigned duty. You may not assign your rights and duties under this Agreement without our prior written permission.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will continue in full force and effect.
8. Integration — Entire Agreement
This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between you and KeKu with respect to the Services provided hereunder and will supersede and replace all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and KeKu. No written or oral statement, advertisement or service description not expressly contained in the Agreement will be allowed to contradict, explain, modify or supplement it. You acknowledge and agree that you are not relying on any representation or statement by KeKu® that is not included in this Agreement.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York. You agree, in the event any claim or suit is brought in connection with this Agreement, to the exclusive jurisdiction and venue of the courts of New York County, New York. In any action to enforce this Agreement, including, without limitation, any action by Stanacard for the recovery of fees due hereunder, you shall pay Stanacard reasonable attorney's fees and costs in connection with such action. You acknowledge and agree that this governing law provision applies no matter where you reside, or where you use or pay for the Services.
With respect to your submission of feedback or a testimonial or opinion about the Services to KeKu, you hereby (i) represent and warrant that the Testimonial is original to you, that no other party has any rights thereto, and (ii) grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable, assignable and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Testimonial (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
All notices from us to you shall be (i) sent to your current email address on file with us and will be deemed immediately delivered even if such email address is no longer valid, or (ii) posted to your Account. All notices from you shall be sent to firstname.lastname@example.org
Referral bonus can be redeemed only by new customers (who have not previously subscribed to any KeKu® Services) via the Website towards the usage of Services. The recipient must open an account and enter the referral code sent to them by an existing KeKu customer before redeeming a referral. Once the new customer’s first purchase is completed, the bonus credit is posted to the recipient's account on the Website. Once the new customer’s first call is completed from a phone number registered on the new customer’s account, a bonus credit is also posted to the referring customer.
New customers are eligible for the referral bonus only when they first sign up for their account and before their first purchase is made. Existing customers who make at least one (1) purchase can refer an unlimited number of new customers, but can make only one referral per new customer. Only one (1) referral bonus is allowed per household. KeKu reserves the right to refuse to award a referral bonus in cases of misuse or abuse of the referral program, as determined in KeKu’s sole discretion. Referrals made to the same address will not qualify for a referral bonus and will be considered misuse. Referral bonus cannot be used to pay for KeKu® gifts. KeKu is not liable if a referral bonus is not posted to the existing customer’s account or credited to a new customer because the referring customer fails to enter a correct name or email address at the time of referral or fails to input the issued referral code when signing up for new Services. If a referred customer removes or requests to move a number from a referred account to another account, the referral bonus is forfeited and will be removed from the current balance on the referring customer's account. Our referral program cannot be combined with a KeKu® gift or any other KeKu® promotional program. KeKu may cancel or alter this program at any time without notice.
3. Fraud / Misuse
KeKu will have the right to close customer accounts and bill for Services used if a fraudulently obtained referral is redeemed and/or used on this Website. Purchases made by customers that KeKu deems in its sole discretion to be abuses or misuses of the referral program are non-refundable. All other KeKu® Terms & Conditions apply.
H. GIFTING TERMS AND CONDITIONS
KeKu gifts can be redeemed only on the Website towards the usage of Services. The recipient who is not yet a KeKu customer will need to open an account before redeeming a gift. The recipient may use a gift to make the first payment. However, the gift sender will not receive a referral bonus unless, before redeeming the gift, the recipient adds credit to the recipient's account using a credit or debit card not used on another account. Once a gift is redeemed, the credit is posted on the recipient's account on the Website.
Gifts unclaimed or rejected by the recipient within 10 days will be returned to (I) the gift sender's account at KeKu within 5 business days, or (ii) their credit or debit card account used to purchase the gift, within a week or longer depending upon the KeKu® customer's bank. Gifts cannot be used to pay for gifts. Gift senders can use their KeKu® balance to purchase gift cards. Gift cards have no cash redemption value and are not transferable or assignable. Our gift program cannot be combined with the Referral or any other KeKu® promotional program.
3. Risk of Loss
The risk of loss and title for Gifts pass to the purchaser upon our electronic transmission to the purchaser or recipient, whichever is applicable. We are not responsible if a gift is lost, stolen, used without your permission or redeemed by an unintended recipient.
KeKu® will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained gift is redeemed and/or used on this Website.
All other KeKu® Terms & Conditions apply.
I. TOPUP TERMS AND CONDITIONS
1.Prepaid Credit Transfers
Prepaid credits are redeemable exclusively for KeKu Services. If any tax, fee, surcharge or duty is imposed on the Services we provide, you must pay any such applicable charge, in addition to any announced rate. Some operators may apply Value Added Taxes ("VAT") or other taxes or fees that will be deducted from any mobile recharge amount based on the local rules governing the destination network. Once the recharge is accepted by the mobile operator, the mobile operator becomes responsible for completing the transaction. It may take up to 24 hours for the mobile operator to credit the account for the prepaid phone number you provided.
KeKu is not responsible and will not offer any refunds for any loss you may incur in case of mistyping the recipient's phone number, choosing the incorrect operator or entering incorrect information. Our TopUp program cannot be combined with any other KeKu® promotional program. KeKu may cancel or alter this program at any time without notice.
3.TopUp Rates and Charges
The rates and any surcharges for TopUp are subject to change without any prior notice.
4.Fraud / Misuse
This Service is intended for residential, non-commercial use ("Normal Non-Commercial Use"). KeKu will have the right to close customer accounts and bill for Services used if a fraudulently obtained credit is redeemed and/or used on this Website. Purchases made by customers that KeKu deems in its sole discretion to be abuses or misuses of the TopUp program are non-refundable.
J. SMS alerts on the short code 76654
This shortcode is open to subscribers of Alltel, AT&T, Boost Mobile, Cincinnati Bell Wireless, Cricket, Nextel, NTelos, Sprint, T-Mobile, Verizon Wireless, U.S. Cellular & Virgin Mobile. Other carriers may be added.
Customers may opt out of SMS campaigns and notifications any time by sending "STOP", "QUIT", "CANCEL", "UNSUBSCRIBE" or "END" to 76654.
Customers may get help from our support group by sending "HELP" to 76654 or by sending an email to email@example.com.
Message and Data Rates may apply, depending on your wireless carrier plan in the US Std. message and data rates may apply, depending on your wireless carrier plan in Canada.
This Service Guide is subject to and a part of the KeKu® Customer Services Agreement (the "Agreement"), and may be changed and/or discontinued at any time by StanaCard LLC, KeKu’s parent company through which Services are provided. In order to use the Services described below, you must be enrolled as a KeKu® customer. Please see the Agreement on our website at www.keku.com (the "Website") for enrollment information and further details concerning the Service.
1. Description and Availability of Service
The Services allows you to purchase in advance virtual calling card capabilities to enable you to place calls to over 200 countries from certain states of the United States and the District of Columbia as well as other countries in which our service is provided 24 hours a day, seven days a week (the "Service"). For an up-to-date listing of the jurisdictions and countries in which you can use the Services, please check the Website.
2. Rates and Charge
- For the applicable rates and charges for the Services please click here: www.keku.com/rates.aspx
- We do not charge any connection fees.
- Billing Increment: One minute. Fractions of a minute are rounded up to the next whole minute.
- Payphone surcharge: 70 cents/call
- Taxes and other charges as described in Section C of the Agreement may apply.
- Unless specifically noted otherwise, all rates and pricing is listed in US dollars.
- Taxes may apply in some jurisdictions.
3. Access Number
To access the Services, you must dial a KeKu Local Number or an access number first. To see complete list of our access numbers please click here: www.keku.com/accessnumbers.aspx
If you are dialing the access or KeKu Local Number from a phone number that is not registered on your Account or a phone number that is registered on your Account but the caller ID of that phone is not recognizable you must enter your personal identification number ("PIN") that has been assigned to you upon your Account activation.
4. Usage Conditions. The following conditions are specific to the Service:
In order to use the Services, your KeKu® Account (your "Account") must have a sufficient balance to cover the cost of the Service.
As you use the Services, your Account will be debited accordingly.
Calls in progress will be terminated if your Account balance is insufficient to cover the cost of continuing the call.
5. Usage Information
You will have confidential access to your usage information "for the current month only" on the Website under "My Account" 24 hours a day, seven days a week.
The following conditions will govern prepayments you make to your Account balance:
You may add to your Account balance at any time by accessing "My Account" at our website www.keku.com.
Any prepayment will be charged to the credit, debit or charge card that you listed in your application for enrollment as a KeKu® customer. We will provide you with an e-mail confirmation each time you make a prepayment that is credited to your Account balance.
Prepayments must be made in certain dollar denominations, with a minimum of $5.00.
The prepayments credited to your Account do not expire so long as your Account remains active. If your Account does expire, however, we will not be obligated to refund any balance remaining in your Account to you. See our Expiration Policy in Section III of the Agreement for further details.
Please note that unless we discontinue the Services while your Account is still active, we are under no obligation to make any refund of any prepayments you make toward the Services under any circumstances. Thus, you should only make prepayments to your Account if you believe that you will use the balance.
7. Billing Disputes
You must notify us by e-mail at firstname.lastname@example.org of any disputed charges within thirty (30) days of the charge being posted to your Account. To the extent we determine that an adjustment is warranted, we will credit your Account accordingly.
KeKu will not be liable for the liabilities whatsoever resulting due to registration of hotel/hostel/public/office phone numbers or otherwise any claims by you or third parties. See our Limitation of Liability in Section E of the Agreement.
We will provide the Services to you until one or more of the following events occur:
You choose to close your Account by notifying us by e-mail at email@example.com . We will then shut down the access to your account. You will not be entitled to any refund of the unused balance in your Account as of the date you terminate your Account.
Your Account balance is depleted and you do not replenish your Account balance.
We suspend or terminate your Account or your ability to replenish your Account balance as provided in Section D of the Agreement.
We discontinue the Services, in which case we will refund the unused balance in your Account to you.
9. Customer Service:
KeKu Unlimited Plans provide customers with unlimited minutes of calling time per billing period for normal personal or residential, non-commercial use (“Normal Non-Commercial Use”), as described in more detail in the reasonable use policies below. Each billing period begins on the day you sign up and submit full payment (including applicable taxes, fees, surcharges and other charges) for the plan. Per-minute charges, as posted on the Website, shall apply to all calling after a billing period ends, to all calling from Registered Phones not selected for unlimited use, to all calling to destinations that are not covered by KeKu Unlimited Plans, and to all calling that is determined, in KeKu’s sole discretion, to be outside of Normal Non-Commercial Use. KeKu Unlimited Plans do not automatically renew at the end of a billing period unless the customer opts-in to a subscription plan.
KeKu Unlimited Plans do not apply to international calls to satellite phones, special services numbers, including foreign toll-free numbers and caller-paid information services, including 900-type numbers, and calls to chat lines, except as listed above, and all such calls shall be billed to you on a per-minute basis. All calls using a KeKu toll-free Access Number will be charged an additional 1.5 cent per minute.
KeKu Unlimited Plans allow you to use up to two phone numbers to initiate calls. These two phone numbers can be mobile or landline and are selected by you at the time of purchase. You are able to make one (1) change to these numbers during the term of the Unlimited plan subscription.
Existing bonus credits may not be applied toward the purchase of an Unlimited plan subscription. Advertised prices for Keku Unlimited Plans do not include applicable taxes, fees or surcharges. Applicable taxes, fees and surcharges are due as invoiced.
You and all others who use KeKu Unlimited Plans must comply with this Service Guide, which includes the reasonable use policies described below. Your failure to comply with this Service Guide could result in the immediate suspension or termination of your Account. If you do not agree to comply with this Service Guide, you must immediately stop all use of the KeKu Unlimited Plans and notify KeKu so your Account can be closed. In addition to being responsible for your own compliance with this Service Guide, you are also responsible for any use or misuse of the KeKu Unlimited Plans that violates this Service Guide, even if it was committed by a friend, family member, guest or other individual with access to your KeKu Unlimited Plans.
KeKu may cancel or change the price of Unlimited Plans at any time in its sole discretion. Price changes are only effective for new Unlimited Plan purchases or renewals. In the event an Unlimited Plan is cancelled, the customer will remain responsible for the charges that have accrued through the date of the termination but will receive a pro-rated refund for the remainder of the billing period, where the customer has not exceeded reasonable fair use as defined in the Reasonable Use Policy below.
KeKu® Unlimited Calling Plans Reasonable Use Policy
Unlimited calling for KeKu Unlimited Calling Plans is intended only for Normal Non-Commercial Use. Using the KeKu Unlimited Calling Plans for calling other than Normal Non-Commercial Use is prohibited. Use that is outside of Normal Non-Commercial Use may include, but is not limited to, mechanized use (e.g., use of auto-dialers for telemarketing, fax broadcasting, voice blasts, etc.), operating a business (including home-based businesses, non-profit businesses or any other commercial endeavor), operating a call center, telemarketing, resale to others, simultaneous use of the Service from more than one location, or engaging in activities that generate minutes that result in revenue-sharing. Use of the KeKu Unlimited Calling Plans for any unlawful, abusive or fraudulent purpose (as described in the Agreement) is always prohibited, regardless of whether the use is outside of Normal Non-Commercial Use.
To determine whether your usage is outside of Normal Non-Commercial Use, KeKu may evaluate your use of the KeKu Unlimited Calling Plans for any unusual usage patterns. This may include evaluating your aggregate usage within a billing period. Your use of KeKu Unlimited Calling Plans will be considered outside of Normal Non-Commercial Use if: (1) your aggregate usage within a billing period reaches 3,000 minutes within a 30 day period; (2) we discover that you are actually using the Service for uses that are typically considered outside of Normal Non-Commercial Use; or (3) there is a combination of aggregate usage within a 30 day period beyond 3000 minutes and unusual usage patterns typically indicative of use that is outside of Normal Non-Commercial Use.
We do not monitor telephone conversations in order to enforce this Service Guide. However, we will routinely monitor the activity of individual accounts and we reserve the right to review and investigate your Account if we have reason to believe that your usage is outside of Normal Non-Commercial Use or you otherwise violate this Service Guide. If we reasonably determine, in our sole discretion, that you are using the KeKu Unlimited Calling Plans for calling other than Normal Non-Commercial Use, or in a manner which otherwise violates this Service Guide, we will take further action as authorized by the Agreement, including immediately suspending, restricting, or cancelling your Account, with or without notice, to prevent abuse of the Service and to enforce this Service Guide and its policies. We may also bill you for per-minute charges applicable to all usage which is outside of Normal Non-Commercial Use. We shall not have any liability for any responsive actions, even if no notice is given. We also reserve any other legal rights we might have.
The failure of KeKu to enforce this Service Guide and its reasonable use policies, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Service Guide is held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible, and the remaining portions shall remain in full force and effect. KeKu reserves the right to change this Service Guide at any time. Changes shall become effective when a revised Service Guide is posted to the Website.
Ambassador Program Agreement
This Agreement is between KeKu and the individual or company on whose behalf this Agreement is being accepted ("Ambassador") (collectively referred to as "Parties" or individually "a Party"). You represent that you are authorized to accept this Agreement and conditions ("Agreement"). Prior to marketing any KeKu services or products ("Services"), you must agree to be bound by this Agreement. An Ambassador is given a non-exclusive, revocable, personal, non-transferable and non-assignable right to promote, market and distribute the Services to Customers. Ambassador shall use its best efforts to promote, market and distribute the Services to Customers.
1. Establishing Customers
Each new Customer Account that is established by an Ambassador shall be credited to Ambassador’s account during the term of this Agreement provided that the Customer Account demonstrates at least one (1) phone call or credit purchase in any three (3) month interval. In the event Customer Account fails to demonstrate activity in any three (3) month period, such Customer Account shall be removed from Ambassador’s account.
2. Incentives — Ambassador Bonus Credit
All incentives (bonus credits) are automatically added to your account. For every new Customer Ambassador establishes, Ambassador will automatically receive a sign-up bonus credit of $5.00 when the new Customer makes his or her first phone call with the KeKu Service. If the Customer creates an account and never uses it, the Ambassador will NOT receive credit. For every new Customer Ambassador establishes, Ambassador will receive additional bonus credit of $2.50 for every $50 the Customer spends in calls with KeKu credit. This bonus credit will automatically be added once the Customer has spent $50 and will apply with each subsequent $50 purchase. All existing KeKu Customers are excluded from the Ambassador Program, and Ambassador will not receive any bonus credits from new accounts registered by existing KeKu Customers. KeKu reserves the right to determine in its sole discretion if a sign-up is a new Customer, to alter the incentives and/or to remove or decline to honor Ambassador Bonus Credit at any time.
Neither Party will have any authority, and neither Party will represent that it has any authority, to assume or create any obligation, express or implied, on behalf of the other Party. Each Party is an independent contractor, and this Agreement will not be construed as creating a partnership, joint venture, agency, or employment relationship between the Parties or as creating any other form of association that would impose liability on one Party for the act or failure to act of the other Party. Ambassador is neither a distributor nor an agent of KeKu. The KeKu Services will be available to a Customer only through separate agreement between KeKu and the Customer. Ambassador will not in any way modify or alter the terms of the contract between KeKu and the Customer directly or indirectly, orally or in writing. Ambassador will not make any representations to Customer about the Services without the express consent of KeKu.
4. Customer Information
Customer call history, log-in history, log-in credentials and Customer Proprietary Network Information (“CPNI”) are protected for privacy, security and compliance with federal regulations. Ambassador will not have access to CPNI or other private customer information. Ambassador can add credit to a Customer’s account at any time; however Ambassador cannot remove credit from a Customer’s account. When Ambassador creates an account for a new Customer, Ambassador must create a unique password for the Customer. Ambassador will provide the unique password to the Customer, who may customize the password. Ambassador will retain access to the Customer’s account with the Ambassador-created password for the purpose of adding credit to the account and tracking available Bonus Credits for each account. If Ambassador fails to create a unique password for each Customer, Ambassador may be suspended for security purposes.
5. Ambassador Landing Page
Ambassador can create a custom landing page, with a custom URL, under the Settings tab of the Ambassador section of the KeKu website. This Ambassador landing page can include the Ambassador name, picture, logo, a KeKu approved description of the KeKu Service and a personal message from Ambassador. Ambassador must make a request through the Settings tab to add content to the landing page. All settings requests will be reviewed by KeKu. Ambassador will be notified by KeKu within 72 business hours if requested landing page content is approved. If a requested change is rejected, Ambassador can submit a revised request. KeKu has the right to determine in its sole discretion what content will be displayed on the KeKu website.
Ambassador can convert its Ambassador Bonus Credit to either a PayPal payment ("Cash Payout") or KeKu Bonus Credit for use on Ambassador’s own KeKu account through the Ambassador portal on the KeKu website.
6.1 Cash Payout
The Ambassador PayPal account must be verified in order to receive a Cash Payout. The minimum to cash out is $10, and it can be done no more than 3 times per 30 days. All payments to PayPal will be paid at 50% of the Ambassador Bonus Credit. For example, if Ambassador requests a $10 Ambassador Bonus Credit payout, KeKu will send $5 to Ambassador’s registered PayPal account and remove $10 from Ambassador’s Bonus Credit balance.
6.2 KeKu Bonus Credit
All KeKu credit payouts will be sent to the Ambassador’s original KeKu customer account as a KeKu Bonus Credit. The minimum to receive KeKu Bonus Credit is $10, and there is no limit on the frequency of or dollar amount for redemption of KeKu Bonus Credits. Bonus Credits are redeemable on a one-for-one basis with no conversion (for example, a $10 Bonus Credit is redeemable for $10 in KeKu Services).
Ambassador has the right to receive a refund via PayPal for any prepaid cash funds the Ambassador has loaded onto its account. There will be a fee of 2.5% or $1, whichever is greater, for any balance payout.
7. PIN Cards
Ambassador can create up to 100 PIN cards per 30 days for free calls during a trial period. PIN cards will include an access number, PIN number and instructions for the holder to sign up with KeKu. The recipient will be able to place calls up to the value printed on the free cards prior to expiration. These cards can be printed by the Ambassador right from www.KeKu.com. All PIN cards will expire within 14 days. To order preprinted PIN cards, email firstname.lastname@example.org. There may be additional costs incurred for these requests. If a PIN card customer signs up using www.KeKuPIN.com, and the Customer is a new Customer, the new Customer will automatically be added to the Ambassador’s customer list, and Ambassador will be issued Ambassador Bonus Credit as described in Section 2.
8. Limitation of Liability
IN NO EVENT SHALL STANACARD, LLC OR ITS AFFILIATES BE LIABLE TO AMBASSADOR OR ANY THIRD PARTY IN ANY RESPECT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE OR PUNITIVE DAMAGES, WHETHER IN TORT, CONTRACT OR PRODUCT LIABILITY, NOR SHALL STANACARD OR ITS AFFILIATES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES OR ANY OTHER COMMERCIAL DAMAGE OF ANY KIND OR NATURE WHATSOEVER. STANACARD’S LIABILITY WITH RESPECT TO THE SERVICE PROVIDED HEREUNDER SHALL BE LIMITED TO CREDITING OF CUSTOMER ACCOUNTS FOR SERVICES PAID FOR BUT NOT RECEIVED.
9. Term of Agreement
This Agreement will continue in full force and effect unless terminated as provided herein under Section 10 of this Agreement.
10.1 Termination by KeKu
The Ambassador Agreement may be terminated by KeKu upon the occurrence of any of the following: (a) if Ambassador breaches these terms, and said breach is not cured within fifteen (15) days of notice thereof to Ambassador; (b) within thirty (30) days upon written notice for any reason.
10.2 Termination by Ambassador
Ambassador may terminate this Agreement upon thirty (30) days written notice to KeKu. Ambassador must provide notice of termination by emailing email@example.com.
10.3 Bonus Credit
In the event this Agreement is terminated, any and all Ambassador Bonus Credits with respect to such Ambassador, including those arising from consumers who have established Customer Accounts via such Ambassador, shall immediately cease to be payable. Ambassador will forfeit any Bonus Credits not redeemed by the effective date of termination.
All notices, requests or questions to KeKu about the Ambassador Program can be made through firstname.lastname@example.org. Our business hours are Monday to Friday, 9 AM to 6 PM ET. All communications are replied to in the order they were received. We reply to all inquiries within 72 business hours.
We may provide you with notices, including those regarding changes to this Agreement, including but not limited to by email, text message, or other reasonable means now known or developed later. We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued participation in this Ambassador program after any such changes constitutes your acceptance of the new Agreement. If you do not agree to any of these terms or any future Agreement, do not continue to market the Service.
Applicable Law. This Agreement shall be construed, governed and enforced under the laws of the State of New York, USA. Any dispute, argument, disagreement or controversy arising out of or pertaining to this Agreement, shall be resolved before the courts located in New York City, New York, USA, which shall have sole jurisdiction thereto.