TERMS & CONDITIONS
Hola America is an LLC corporation bound by the laws of the state of Delaware with its principal address issued at 16192 Coastal Highway, Lewes DE 19958. At Hola America® we strive to provide the highest quality international calling service at attractive rates. If you would like to learn more about Hola America® please feel free to peruse our corporate web site at www.holaamerica.com.
Hola America® Prepaid Calling Agreement
Subject to Change at Any Time In the Sole Discretion of Service Provider By purchasing or using the Hola America® prepaid calling service ("Service"), the user (or "You") accept/s the rates, terms, and conditions ("Terms") identified on this page as such Terms are updated from time to time and without notice. Customers in the U.S. and Canada can call 1-888-240-4652 24 hours a day, 7 days a week to contact customer service, to report a problem, and to inquire about international rates, charges, access numbers, and country codes. The Terms include the following:
Rates vary and are subject to change.
Hola America® is not intended for intrastate dialing in the U.S., to place 500, 700, 800, 888, 877, 866, 855, 900, 976, 411, or 555 number calls, to place certain toll-free, operator-assisted, third-party billed, directory assistance or collect calls.
Hola America® is not available for calls placed from Alaska; Calls made from pay telephones are assessed an additional 89 cents USD per call made from payphones and certain other public phones in the US, and up to 99 cents USD in other countries; Calls are billed in increments of one minute, with fractions thereof rounded up to one minute.
No representation or warranty, express or implied, is made regarding available number of minutes to a particular country or remaining number of minutes to a particular country. Any marketing material, rate table, or voice prompts that refer to such information do not account for the charges, fees, rates, assessments, and incremental billing described above.
You should make every effort to safeguard your account number and PIN. Hola America® is not responsible for lost or stolen PINs or unauthorized use.
Credit card fraud is a criminal offense. At Hola America®, we use automated and manual systems to confirm proper credit card authorization, including having Hola America® representatives call persons who have signed up for Hola America®. We also track every transaction. Information related to fraudulent transactions, including but not limited to IP addresses, detailed call records, transaction data and email addresses is collected and provided to appropriate law enforcement officials to assist in the prosecution of any persons attempting to commit fraud on the Hola America® web site.
Refund/Credit Policy At Hola America® we are committed to delivering high quality service every day. However, circumstances beyond our control may result in occasional disruptions in service. We will issue a credit or a refund in the following circumstances:
If you are charged for a call that was never completed (there was no answer). Upon verification, we will credit your account the amount charged; If you have an active account with less than $5 USD usage, and wish to discontinue the service; If you have unintentionally created two or more Hola America® accounts and want to close the additional accounts, and if you were incorrectly charged for services not received or for which you did not sign up. In such cases, you must contact Hola America® within 24 hours of the attempted call or discovery of the erroneous
You may cancel your account during the first $5.00 USD of usage and receive a full refund. Following this trial period, you may discontinue service at any time by providing written notice (either electronic or through the postal service) to Hola America® customer service. We will then shut down access to your account.
Hola America® is not obligated to refund any of the unused balance in your Hola America® account as of the date you discontinue service, so we recommend that you use up the remaining balance before terminating the account. Hola America® will not be liable for any failure of performance due to causes beyond its control, including, but not limited to, Acts of God, fires, floods or other catastrophes, national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties, preemption of existing services in compliance with any law, order, regulation or other action of any governing authority or agency thereof.
No warranty, express or implied, is made regarding the condition or fitness of the services offered or use of the service for any particular use or purpose, including warranties of title or implied warranties of merchantability or non-infringement. Hola America® does not authorize anyone to make a warranty on its behalf and you may not rely on any statement of warranty as a warranty by Hola America®. With respect to any allegation, claim, or dispute related to use of the service provided there under, the liability of Hola America®, or any of its employees, agents, or cooperating service Providers (the "Parties") shall be limited to an amount equal to the charge for such affected service. IN NO EVENT WILL THE PARTIES BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES. USER ACCEPTS THESE TERMS AND CONDITIONS BY USING THE SERVICE.
You will indemnify, defend, and hold harmless Hola America® and its distributors and agents against all claims of loss or damage arising from use of the Service, including (a) allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via the Service, and (b) all other allegations and claims arising out of any intentional act or omission, whether giving rise to criminal or civil liability, by you or others authorized by you to use the Service.
Hola America® may deny or limit use of the Service for any lawful reason. If Hola America® suspects fraudulent use of the Service, it may be suspended or terminated, and Service calls may be intercepted, without notice.
Hola America® will not be liable for any act or omission of any company furnishing a portion of the service or of any third party, including those vendors participating in offerings made to You, or for damages associated with service, channels, or equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with Hola America® services.
No dispute or claim may be brought as a class action or as a private attorney general, and you will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim.
No waiver of the Terms is valid. Hola America®, in its sole discretion, may modify and assign these Terms.
The Terms are binding upon You and Hola America® and upon, respectively, your and Hola America's agents and heirs. If any part or provision of these Terms is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of these Term, which will still be given full force and effect.
This section provides for resolution of disputes through arbitration instead of court proceedings, trials, and class actions. Arbitration is final and binding. If you have a dispute concerning your Service, please first call the Customer service number listed on the Hola America® web site. You agree that all disputes arising out of or related to these Terms (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) will be submitted to the American Arbitration Association ("AAA"), for final and binding arbitration. The arbitration will be conducted under the AAA Arbitration Rules for the Resolution of Consumer-Related Disputes Commercial Arbitration Rules ("AAA Rules"), as such rules are in effect on the date of commencement of the arbitration and as such rules are modified by these Terms. For more information regarding AAA, you may visit its web site at www.adr.org. The arbitration will be based only on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. Additional charges may apply for such procedures. The award may be confirmed and enforced in any court of competent jurisdiction. Currently, the AAA Rules provide for reduced filing fees for consumers. Unless otherwise provided for in the AAA Rules or in the arbitration award, all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator, will be divided equally between You and Hola America®. Each party will bear the cost of preparing and presenting its own case. Any in-person arbitration proceedings will be held in Miami, Florida or at the location that AAA selects unless otherwise mutually agreed upon by the parties. Each dispute will be arbitrated on an individual basis and will not be consolidated in any action with the disputes or claims of other consumers or customers. No dispute or claim may be brought as a class action or as a private attorney general, and You will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim related to the Service. Any dispute or claim arising out of or relating to these Terms must be brought within one year after the date on which the basis for the dispute or claim first arises or the period of time provided by statute.
All calls include up to 15% charge fee that covers all third party fees, taxes and administration fees. You may obtain additional information by calling 1-888-240-HOLA (4652).
Taxes and fees may apply. Calls originating from payphones are subject to a surcharge. There are no additional fees -- And your minutes never expire unless your account remains inactive for 60 days from the date of last use at that point your minutes will expire and Hola America® will not be obligated to refund any of the unused balance as of the date your account is cancelled, so we recommend that you use up the remaining balance before not having any calls on your account for more than 60 days.Share these benefits with your friends.