Access Number: 1-800-934-7834 | Customer Service: 1-800-330-0385

Version 1.0 (10/1/2006)CUSTOMER SERVICE AGREEMENT

This Customer Service Agreement (the “Agreement”) governs all the terms and conditions associated with your use of the services offered by ChitChat Communications, Inc. (“ChitChat Communications”)

Highlights Regarding ChitChat Communications Service Agreement:

ChitChat Communications, Inc. offers consumers the opportunity to purchase prepaid telecommunications communications services over the web for use from any phone within the USA and Canada.

These services are provided on a pre-paid basis only and do not require the user to change their current telephone service provider(s) in order to use the services. A complete list of ChitChat Communications services can be found on the Website. ChitChat Communications is not responsible for reimbursements for calls made with another service while ChitChat services are temporarily unavailable due to exhaustion of pre-paid credit or unforeseen technical circumstances.

Acceptance of General Terms at Registration:

  1. ChitChat Communications operate as a prepaid service provider, meaning that customers pay in advance for services rendered.   a. All usage is billed in 1 minute increments   c. Calls from payphones incur an additional $0.65 surcharge
  2. It is the responsibility of ChitChat Communications to clearly outline its rates and terms prior to customer’s registration for and use of services.
  3. It is the customer’s responsibility to understand these terms prior to agreeing to them. Questions should be directed to ChitChat’s customer service department at 1-800-330-0385 or via email at support@PinDance.com
  4. ChitChat customers register their consent to our terms and services when they sign up for an account. These terms of service are clearly outlined in the first step of account registration. Prospective customers must agree to those terms of service by checking an “I AGREE” box on the screen.
  5. Online acceptance of these terms and conditions carries the same legal authorization as if the customer had provided a written signature acknowledging the same.

Refund Policy:

ChitChat Communications’ refund policy does not cover customer’s failure to understand terms of service.

ChitChat will only credit customers in the event that their account is stolen and they inform ChitChat immediately. Their old account will be disabled and any remaining credit will be transferred into a new account for their use. ChitChat is not liable for usage fees prior to an account block request being called into customer service at 1.800.330.0385. NOTIFICATIONS SENT VIA EMAIL ARE NOT PROCESSED IN REALTIME AND THEREFORE DO NOT OFFER THE SAME PROTECTION TO CUSTOMERS.

How to submit a credit request:

  1. Send an email to support@PinDance.com with “credit request” in the subject line.
  2. Include account number and detail the time of call and the number called in the email along with a general description of the problem.
  3. Allow ChitChat Communications 48 hours to process this request and provide a response.

Maintenance Charges and Fees:

ChitChat Communications does not charge additional fees to accounts.

Expiration Policy:

Account balances will expire six months from date of last use of service, or, in the absence of placing phone calls on the account, six months from date of first purchase. Balances on the account at that time will be forfeited.

Privacy Policy:

ChitChat Communications values users’ privacy. Please see our privacy agreement for details regarding privacy rules and an explanation of ChitChat Communication’s business practices and security measures taken to protect our customers.

Detailed Provisions of Terms of Service Agreement

  1. Opening an Account. In order to become a ChitChat customer, you must complete in full an application form on the Website, provide a valid credit card number and select a non-refundable dollar value of service you wish to purchase. As part of the application, you will provide ChitChat with a unique email address, account code, and password.
  2. Usernames/Passwords/Personal Identification Numbers. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT CODE, PASSWORD, AND PIN AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR ACCOUNT WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. If you believe that your Account, Username, Password and/or PIN is being used in an unauthorized manner, you agree to contact ChitChat Communications, Inc. within one calendar day so that the appropriate modifications can be made to your Account. Please be aware that account information will be sent to the email address the customer used to sign up. Therefore, the customer should use a secure email address and ChitChat Communications, Inc. is not responsible for people (persons/individuals), other than the customer, that access that email account. Please note that you are responsible for any and all charges to your account and that ChitChat Communications, Inc. cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card or PIN.
  3. Access Numbers. To access ChitChat’s telephone services, you must dial a toll free (e.g., 800-xxx-xxxx) number.
  4. After dialing an access number you will be prompted to enter your PIN, unless you have registered your phone lines with ChitChat and PINskip is enabled and compatible with your origination number. You will then enter the destination telephone number. ChitChat Communications, Inc. will not reimburse the customer for any extra charges assessed by your local phone company as a result of dialing any of ChitChat Communications, Inc.’s access numbers.
  5. Payment. CHITCHAT COMMUNICATIONS’ SERVICES ARE PROVIDED ON A PREPAID BASIS ONLY. As you use ChitChat Communications’ services, your Account will be debited accordingly. No phone services will be provided if your Account does not have a sufficient balance to cover the cost of the service.
  6. Recharging Account. In the event you want to use services in an amount which exceeds the remaining balance in your Account, you may refill your account using our customer service recharge function. When requested in the refill section of the www.pindance.com website, value will be added to your account in an amount equal to the denomination charged to your credit card.
  7. Rates. ChitChat Communications’ rates are listed on its Website and are incorporated by reference herein. You are responsible for checking all applicable rates/promotions before making any call using ChitChat Communications’ services. Please note that the rates for calls to certain numbers (e.g., mobile/special service numbers) can be higher than rates for calls to other numbers within the same country. Subject to the provisions of Paragraph No. 11 below, ChitChat Communications reserves the right, at its sole discretion, to modify those rates at any time and/or to offer special promotions. Rates are based on country code and city code, not country name. ChitChat's rate structure is clearly outlined in the RATES section of the ChitChat homepage, located at http://www.pindance.com While ChitChat endeavors to maintain rates that are competitive in the market, ChitChat does not guarantee that its rates will change in any predictable fashion. In addition, though it is not the intent of ChitChat to raise its rates at any point in the future, should market conditions or factors outside of ChitChat's control cause its costs or wholesale rates to some or all destinations to go up, ChitChat reserves the right to adjust its rates accordingly.
  8. Monthly User Fee. NO MONTHLY USER FEES WILL BE CHARGED TO YOUR ACCOUNT.
  9. Toll Free Surcharges. There is a 35-cent surcharge typically assessed from the following locations: (1) Payphones, (2) Hotels, (3) Dormitories, (4) Hospitals, and (5) Other commercial phone lines. This surcharge is the result of charges imposed by operators when using these facilities to originate a phone call. Although a high percentage of callers do not complete their payphone calls (they hang up before entering a destination number), Chitchat Communications, Inc. is still charged by the payphone operator for the toll free call. ChitChat Communication, Inc. has included the average cost of these incomplete calls in this fee. The 35-cent surcharge can be identified as the extra charge listed below the corresponding call on your account billing information. We cannot in advance determine if the surcharge will be imposed from a phone listed in the above locations. You can only determine this after placing a call. In general, all public payphones incur this charge while not all of the other locations impose the surcharge. Therefore ChitChat Communications, Inc. cannot be held responsible for the charges and customer will be assessed a 35-cent surcharge.
  10. Rate Changes. ChitChat Communications, Inc. reserves the right, at its sole discretion, to modify its rates, monthly fee and its surcharges. If you chose to terminate your Account as a result of changes in price, you must notify ChitChat Communications, Inc. by e-mail no later than the last day of the notice period of your decision to terminate. ChitChat Communications, Inc. is not obligated to credit back any unused balance in your Account so ChitChat Communications, Inc. strongly suggests that the customer use up the remaining balance before terminating the Account.
  11. Email Notification. The Customer is responsible for maintaining a current and operational email address and for reading email from ChitChat Communications, Inc. so that we can notify the Customer of updates to ChitChat Communications, Inc.’s service and any customer account information.
  12. Billing Increments. 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 twenty five (25) seconds will be charged for one minute). Timing on calls begins when the call is answered by the called party. Timing terminates on calls when the calling party hangs up or ChitChat Communications, Inc.’s network receives an “on –hook” signal from the terminating carrier. ChitChat Communications, Inc. will not, and is not obligated to, provide refunds for any calls made using its service.
  13. Billing Information. ChitChat Communications, Inc. does not send any invoices to its customers. Instead, users receive confidential access to your billing information - for the current month and the prior three months only - on the Website under “My Account” 24 hours a day/ 7 days a week. (For example, if you review your billing information in April, you would be able to see your charges for April as well as the preceding March, February, and January. However, you would not have access to your December charges.) The customer is responsible for printing out their monthly statements, and ChitChat Communications, Inc. will not provide monthly billings beyond what is available online.
  14. Billing Disputes. You must notify ChitChat Communications, Inc. by e-mail of any disputed charges within thirty (30) days of the charge being posted to your Account. ChitChat Communications, Inc. will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent ChitChat Communications, Inc. determines, at its sole discretion, that a billing adjustment is warranted, your Account will be credited accordingly. If you fail to notify ChitChat Communications, Inc. of a billing dispute as noted above, you will waive all rights to bring any claim regarding the dispute.
  15. International Calls. Although the quality of international telephone calls has improved greatly in recent years, calls to certain countries outside the United States can be interrupted as a result of service/network issues in those countries. ChitChat Communications, Inc. will attempt to identify any such issues, with the cooperation of the customer. All necessary information must be provided including date, time, origination number and destination number. However, CHITCHAT COMMUNICATIONS, INC. WILL NOT REFUND ANY CHARGES FOR SUCH INTERRUPTED CALLS.
  16. Ownership of Account. ChitChat Communications, Inc. will not make any adjustments to a customer’s Account information nor send the username or password unless provided with the first and last four (4) digits of the credit card number and the answer to the security question. If the customer cannot provide this information, ChitChat Communications, Inc. will offer to close the Account and credit the balance.
  17. Cancellation. You may discontinue service at any time upon notice (either electronic or written) to ChitChat Communications, Inc. We will then shut down access to your account. You will not be entitled to any refund of the unused balance in your prepaid Account as of the date you discontinue service. Additionally, you will remain responsible for payment of all charges for services rendered up through the date you discontinue service. ChitChat Communications, Inc. will only cancel Accounts for reasons of fraud or at ChitChat Communications, Inc.’s discretion.
  18. Expiration Policy. Your Account and your PIN will expire six (6) months from the date of sign up (or last recharge) on the Account. If you request an extension of the expiration period from ChitChat Communications, Inc. (either written or electronic) prior to the expiration of the six (6) month period, ChitChat Communications, Inc. may, at is sole discretion, attempt to provide you with an extension of the expiration date of your Account and your PIN. All extensions will be confirmed by ChitChat Communications, Inc. via e-mail. ChitChat Communications, Inc. is not obligated to provide you with such an extension nor is ChitChat Communications, Inc. obligated to refund any remaining balance left in your Account as of the date it expires.
  19. Termination. ChitChat Communications, Inc. reserves the right, at its sole discretion and for any reason, to (a) terminate this Agreement and your access to its services, upon five (5) days electronic notice and/or (b) to refuse to allow you to recharge your Account. If fraud is suspected, ChitChat Communications, Inc. has the right to put an account immediately on hold until further investigation takes place.
  20. Government Taxes: ChitChat Communications, Inc. reserves the right to pass through (on) any new government taxes, fees, surcharges onto the customers.
  21. Agents: ChitChat Communications, Inc. does not authorize any Third Party agents or resellers to sell ChitChat Communications, Inc. services, electronically or through phone cards, unless specifically authorized by ChitChat Communications, Inc. If contacted by an agent, the customer is asked to please contact ChitChat Communications, Inc. to confirm this. If that is not done, ChitChat Communications, Inc. cannot be held liable for any representation by a third party.
  22. Customer Service. If you have questions, concerns or complaints about your Service, you may contact ChitChat Communications, Inc.’s Customer Service Department 24 hours a day, 7 days a week by e-mail at support@PinDance.com or by phone at 800.330.0385
  23. Limitation of Liability. CHITCHAT COMMUNICATIONS, INC. SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM. CHITCHAT COMMUNICATIONS, INC. WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, AND EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF CHITCHAT COMMUNICATIONS, INC. HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHITCHAT COMMUNICATIONS, INC. IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OR RELATED IN ANY WAY TO YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICE THROUGH TOLL OR LOCAL ACCESS NUMBERS. CHITCHAT COMMUNICATIONS, INC. IS NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. CHITCHAT COMMUNICATIONS, INC. SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES 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.
  24. No Warranties. CHITCHAT COMMUNICATIONS, INC. DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PUPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT.
  25. Force Majeure. ChitChat Communications, Inc. shall not be liable for its failure to perform its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of ChitChat Communications, Inc..
  26. Indemnity. You agree to indemnify, defend and hold ChitChat Communications, Inc., its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website, from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorneys fees, which are the result of, or are in any way related to, your use of the Website, ChitChat Communications, Inc.’s services, and/or your transactions/communications with third-party vendors initiated via the Website.
  27. Arbitration. All disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this Agreement shall be submitted by either party for final and binding resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Chicago, Illinois - Cook County. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys' fees of the prevailing party shall be assessed against the party against whom the award is rendered.
  28. Consent to E-Mail Communications. By entering into this Agreement, you consent to the receipt of electronic mail (“e-mail”) from ChitChat Communications, Inc. In addition to sending you e-mail notifications as provided for above, ChitChat Communications, Inc. reserves the right, to continue to e-mail you important information relating to your Account, this Agreement or other regulatory communications.
  29. Modifications/Amendments. This Agreement may be modified or amended by ChitChat Communications, Inc. at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website under Terms and Conditions. Furthermore, customers will be asked to verify acceptance of these terms when they signup and recharge their account. YOUR CONTINUED USE OF YOUR ACCOUNT AFTER THE NOTICE PERIOD WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE OF ANY SUCH MODIFICATIONS
  30. Trademarks. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of ChitChat Communications, Inc., including but not limited to “ChitChat Communications, Inc.” and “ChitChat” (collectively "Marks") are and shall remain the exclusive property of ChitChat Communications, Inc. and nothing in this Agreement shall grant you the license to use such Marks without the express written permission of ChitChat Communications, Inc..
  31. Assignment. ChitChat Communications, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement without the express written permission of ChitChat Communications, Inc.
  32. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provision will of this Agreement will continue in full force and effect.
  33. Integration - Entire Agreement. This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between you and ChitChat Communications, Inc. 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 ChitChat Communications, Inc.
  34. Governing Law. This Agreement, and all modifications/amendments thereto, shall be governed by the law of the State of Illinois.
  35. Waiver. Either party’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
  36. Term. The term of this Agreement shall be the later of (a) six (6) months from the date you open your Account and are assigned a PIN, (b) six (6) months from the date of the last recharge of your Account or (c) the last day of any extension of your Account/PIN expiration by ChitChat Communications, Inc..
  37. Privacy Policy. To learn about how ChitChat Communications, Inc. protects your personal information, refer to ChitChat Communications, Inc.’s Privacy Policy on the Website.
  38. Compliance with Laws. ChitChat Communications, Inc. shall comply with all applicable federal, state and local laws and/or regulations regarding the provision of the services provided for under this Agreement.
  39. Use. You agree to use ChitChat Communications, Inc.’s service in a lawful manner which is consistent with the terms and conditions of this Agreement and all applicable federal, state and local laws and/or regulations. Notwithstanding the provisions of Paragraph No. 19 above, ChitChat Communications, Inc. reserves the right to immediately, and without notice, terminate, or otherwise discontinue, your Account and PIN in the event it determines that you have violated any such term, condition, law and/or regulation.