General

The provision of Services to you through the Website is subject to your acceptance of the Agreement. By completing the Registration Form and/or by using the Website, you expressly agree to be bound by the terms and conditions below, the ALO Guate.com Privacy Policy, and any other terms and conditions of this Agreement.

If you object to this Agreement or any subsequent modifications to it, or become dissatisfied with your membership of the Website in any way, your only remedy is to immediately:

1. Discontinue your use of the Website
2. Terminate your membership by notifying us in writing. Click here for our contact information. Certain words in this Agreement have the meanings set under them at the end of this webpage.

Membership Information

When registering as a member of the Website, you must provide us with accurate, complete and up-to-date information as requested on the Registration Form. You agree that the information supplied with your Registration Form will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information, including your region of residence. You may do this at any time by clicking on the ’Personal Settings’ section of the Website. All personal information you provide us as a member will be treated in accordance with the ALO Guate.com Privacy Policy.

If you are under 18 years of age, you must obtain a parent/guardian’s consent prior to using the Website. If you are an employee of a company or other entity or are acting on behalf of a company, you must be authorized to enter into these Terms of Use on behalf of your employer.

Username and Password

Once you become a member of the Website, you will receive a username and a Password. You are entirely responsible for all activities which occur under your username and Password, including unauthorized use of your or any other credit card. You must notify us immediately if you become aware of any unauthorized use of your username and Password. If you forget or lose your password, you should request a new password by visiting the ‘Forgot your password’ section on the sign in page. You also agree that you will only register in your own name. Each username and password must be used by a single user and is not transferable.

Your data

We will only send you information about the products that you have selected. You will be able to change preferences or opt-out of this service at any time in the ‘Personal Settings’ area. Personal information collected by us as part of this service will be treated in accordance with the ALO Guate.com Privacy Policy (Click here for the privacy policy), which forms part of this Agreement.

Please note that the sending of personal information via e-mail over the internet may not be secure and can be intercepted by third parties or incorrectly delivered. You should not divulge personal information over the internet unless you are using a secure or encrypted communications technology.

We shall be entitled, but not obliged, to record all communications from, or instructions given by, you to us, or messages sent by us to you through the Website.

Your account

If you are not resident in one of the listed regions and if the financial institution with which you have an Account is not in one of the listed regions you are not permitted to avail of the Services.

The Website can only be used by you to effect a limited number of Top-Ups and/or Top-Ups to a limited value over specific time periods. You will be automatically notified through the Website when these limits are reached or should attempt to effect Top-Ups in excess of the limits. Other limits and exclusions may apply to the way which you can use this Website from time to time and you will be notified of these through your use of the Website.

You shall ensure that all instructions given by you to us through the Website are accurate and complete, and that, where appropriate, you correctly identify the mobile phone account to which any amount is to be credited or debited. In particular, prior to confirming any instruction to us, you shall ensure that the instruction which is relayed back to you confirming the instruction that you send through the Website is the instruction which you intend to give. We are entitled to rely on any instruction from you using and, for the avoidance of doubt, the processing by us of any such confirmed instruction shall be final and binding on you.

You shall carefully examine any Top-Up information received by you, or any other information provided by us to you through the Website from time to time and shall report any errors or omissions to us in writing within 30 days from the date of dispatch of such statements or receipt of such information. In the event that no error or omission is reported by you within the time specified, we shall be entitled to rely on the conclusiveness of the relevant statement of account as respects further transactions, provided that nothing herein will prevent us or you subsequently adjusting information to correct an error or omission, but in that case without any claim to compensation or damages arising on account thereof.

The Services

The Services shall only be provided to you by us in respect of Accounts in the listed territories (available on the website, and subject to change). Top up’s are purely for use domestically within the relevant listed jurisdictions (available on the website, and subject to change) and not for roaming within the USA.

The Website (including the Services delivered through it) and the Password must be used by you strictly in accordance with this Agreement. The Password will be provided by us direct to you. You must not disclose the Password, whether directly or indirectly, to any other person (including, but not limited to, any account aggregation service provider).

Your obligations

The equipment necessary for you to access the Website shall be provided and be maintained by and at your expense of and we may change the requirements for such equipment from time to time.

You undertake to us to comply strictly with this Agreement. You acknowledge that your compliance with this Agreement is designed to minimize the risk of unauthorized use of the Website. You agree to indemnify us in full in respect of any loss or damages which may arise to us, you or any third party as a consequence of your non-compliance with this Agreement.

Transactions on the Account

You authorize us to act upon any instruction to debit an Account received through the Website which has been transmitted using the Password and/or any other authentication process which we may require to be used in connection with the Website without requiring us to make any further authentication or enquiry, and all such debits shall constitute your liability.

Upon receipt of a proper and complete request from you for a Top-Up we will debit the Account and will forward an electronic request to the relevant mobile network operator to provide a credit of the amount transferred for the benefit of the pre-paid mobile phone number nominated by you. The mobile network operator shall be solely liable to you in respect of the provision of the mobile services to which the Top-Up applies.

ALO Guate is an independent entity appointed by mobile network operators to act on their behalf to facilitate the purchase of Top-Up.

Subject to your compliance with the Agreement and provided you have not acted fraudulently or in a negligent manner, we shall accept liability for the non-execution or defective execution of a Top-Up effected through the Website but such liability shall be limited to the amount of the unexecuted or defectively executed Top-Up.

Third Party Services and Information of the products and services offered for sale on ALO Guate or through services that we may offer you, are submitted, created or developed by third parties, about the products, services and information of third parties. Information about some of the products and services on the Website is subject to specific restrictions concerning the persons to whom such information may be made available. Details of such restrictions are set out on the pages to which they relate and you should read those details carefully before proceeding to the rest of the relevant page.

Information about some of the products and services on this Website may be subject to additional Legal Notices and Warnings, identified as such. These notices and warnings are important and are for the protection of both you and us. Please take the time to carefully read all Legal Notices and Warnings on the pages of this Website that you visit.

The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier when purchasing such services or goods. We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to the third party products and services referred to on the Website.

We may receive fees and/or commissions from third parties for the sale goods and services displayed or made available on the Website, for advertising goods and services on the Website, or in connection with the amount of visitors from that leave the Website to go to a linked site. You acknowledge and consent to us receiving the fees. You will be notified of the fees payable to us when you use the Website.

Fair Usage Policy

Calls to landlines and mobiles, for flat rate plans and unlimited calling plans, are included in your subscription but subject to a fair usage limit of 2,000 minutes per user per month, with a maximum usage of 3 hours per day. Also, no more than 20 different numbers in total can be called per day. If your ALO Guate subscription includes more than one destination country, then this is the total amount of minutes allowed per month on your ALO Guate account, and is not a separate limit for each country in your Plan.

ALO Guate’s residential unlimited service plans and features are solely for normal residential or personal use. These services are limited to the personal use of the account holder.

ALO Guate reserve the right to review the customer’s account if account usage is beyond normal standards, impermissible or detrimental to our operations or our other customers’ ability to optimally use the service. If we determine unreasonable usage is occurring, immediate mandatory transfer to an appropriate plan, suspension or termination of the service will occur.

ALO Guate reserves the right to change this Policy at any time. Changes shall become effective when a revised Policy is posted to ALO Guate’s website.

International Services

Overview and Policy

ALO Guate is committed to provide the highest levels of service, performance, reliability and survivability of its SIP Trunking service for origination and termination in USA and international regions. As one measure of our ongoing commitment to delivering an excellent customer experience, ALO Guate provides a Service Level Agreement (SLA) covering our SIP Trunking Services and the ability for customers to determine adherence to these SLAs. If an Eligible Customer experiences performance that does not meet the applicable commitments set forth in this SLA, then ALO Guate will issue the Eligible Customer a Customer Service Credit.

This SLA describes the ALO Guate target network performance and service level metric for its SIP Trunking services. This SLA does not apply to Internet connectivity or local loop facilities provided by third parties, although failure and/or inadequate performance of such connectivity will affect the ALO Guate SIP trunking

Services delivered to the customer’s premises. Each of the following metrics and credits are applied on a per-affected SIP Trunk basis.

Service Level Agreement

ƒ The following Service Level Terms and Conditions are incorporated into the signed Service Agreement between you (“You” or “Customer”) and ALO Guate, LLC (“ALO Guate”). This Service Level Agreement constitutes the service level commitment of ALO Guate to you as a VoIP customer.

ƒ Please review this Service Level Agreement. By signing the Service Order referencing these terms, you agree to be bound by the Service Level Terms and Conditions set forth in this document.

ƒIf ALO Guatemakes a change to this Service Level Agreement that has a material impact on the Service, you will be provided notice of that change via updates to the SLA on ALO Guate’s website. Your continued use of the Service following such notice constitutes your acceptance of those changes.

Definitions

The following terms and definitions shall be used in this Service Level Agreement (“SLA”):

Dedicated Broadband Service – A generic term for your contracted broadband service.

Dedicated Broadband Service Outage – A “Dedicated Broadband Service Outage” is defined as the failure of a Customer’s Dedicated Broadband Service Connection to pass IP data traffic because of an application or network issue related solely to network elements directly under the exclusive control of ALO Guate.

Local Loop – A “Local Loop” is the physical connection provided by a service provider (typically the traditional local telephone company) delivering physical connectivity between the customer and the ALO Guate network and service facilities.

Measurement Period – The measurement period begins on the first day of each month and ends on the last day of such month. For service initiation, the measurement period begins on the first day of the next full month after service is initiated. For service termination, the final measurement period is considered to be the last full month prior to service termination.

VoIP – A generic term for your Voice over IP Service.

VoIP Outage – A “VoIP Outage” is defined as the Customer’s inability to make or receive any ALO Guate managed calls because of application or network issues related solely to network elements directly under the exclusive control of ALO Guate.

SIP Trunk – A “SIP Trunk” is a virtual pipe that ALO Guate utilizes to provide its services. A single SIP Trunk may have multiple concurrent call sessions associated with it.

Force Majeur – Generally, events beyond the control of ALO Guate, including, but not limited to nature, fire, flood, explosion, act of terrorism, accident, war, strike, embargo, governmental requirement, civil or military authority or Act of God, inability to secure materials not in possession of ALO Guate , acts or mission of common carriers or any such similar causes.

Service Availability

Service Level Commitment

For the VoIP Services provided to Customer under the Agreement with ALO Guate, ALO Guate is committed to maintain an end to end, Service and Network Availability (as defined below) 99.9 % for its Domestic VoIP Service and 99.5% for its International VoIP Service.

Measurement and Calculation

“Service or Network Availability” is the ratio of time the core service and network is capable of accepting and delivering information to the total time in the Measurement Period. Service and Network vailability is expressed as a percentage. The calculation for Service and Network Availability is: SUM of (Total Minutes in Measurement Period – Total Minutes of Downtime in Measurement Period) X 100% Total Minutes in Measurement Period.

Components Included

This is a service and network wide measurement. 

Components Excluded

The following shall be excluded from any service or network outage time when calculating the Service and Network Availability:

• Service and/or network downtime during scheduled maintenance windows of ALO Guate or its vendors
• Any failure caused by Customer ƒ
• All Customer Premise Equipment (“CPE”), whether or not provided by ALO Guate
• Service and/or network downtime during which ALO Guate cannot access required facilities due to inaccessibility beyond ALO Guate’s reasonable control.
• Service and/or network downtime due to Force Majeur
• Failures due to the local loop facilities
• Service and/or network downtime due to any action or event beyond ALO Guate’s reasonable control
• Service and/or network downtime due to failure of any network or system provided by customer or any third party.
• Service and/or network downtime due to incorrect routing, setup, or provisioning of IP PBX or other CPE.

Service and/or Network Availability Remedies

Upon notification by the Customer and verification by ALO Guate that the actual Service and/or Network Availability is below the committed Service and Network Availability for the Measurement Period, ALO Guateshall apply a credit equal to ten percent (10%) of the monthly service charge for the affected SIP Trunk under the Agreement. Such credit shall be Customer’s sole and exclusive remedy for ALO Guate’s failure to meet the committed Service and Network Availability. Customer must request credit within thirty (30) days of the validated outage. ALO Guate reserves the right to determine if an outage is considered a validated outage. Customer payables must be current prior to requesting and/or receiving any credits. Requests for credits may take up to 30 days to research and review; customer is responsible for paying current invoices and will receive a credit after the 30 day review period.

Mean Time to Respond

Service Level Commitment

ALO Guate is committed to maintaining a maximum response time of (two) 6 hours. ALO Guate will accept trouble calls from Customer from 9:00 am and 10:00 pm hours Eastern Time from Monday thru Saturday. Within six (6) working hours of opening a trouble ticket, a ALO Guate representative will attempt to contact the Customer through the trouble ticket system and inform the Customer of the Estimated Time to Repair (“ETTR”). If a significant change in the ETTR occurs, ALO Guate will attempt to provide an update to the ETTR to the Customer.

Measurement and Calculation

Elapsed time is measured from the time a particular trouble ticket is opened by ALO Guate to the time ALO Guate attempts to contact the Customer with a status update of the trouble reported. The “Mean Time to Respond” calculation is as follows: SUM of (Time Representative Attempts to Contact Customer – Time Trouble Reported)

Excluded Items

The following shall be excluded from any determination of Mean Time to Respond:

When response is not met due to Force Majeur scheduled maintenance, the act or failure to act of Customer or any party other than ALO Guate or any action or event beyond ALO Guate’s reasonable control.

When response is not met due to any network or system provided by customer or any third party.

Mean Time to Repair

Service Level Commitment

ALO Guate is committed to maintaining a maximum of a 12 hour repair time.

Measurement and Calculation

Elapsed time is measured from the time the trouble ticket is opened by ALO Guate to the time service is restored to normal operating performance. The calculation for “Mean Time to Repair” is as follows:

Mean Time to Repair = [Total Outage Time (hours) for all Trouble Tickets (no dispatch)] ÷ [Total Number of Trouble Tickets (no dispatch)]

Excluded Items

The following shall be excluded from any determination of Mean Time to Repair:

• Trouble tickets due to the failure of the CPE or any components on the Customer side of the CPE, whether or not such CPE was provided by ALO Guate
• Trouble tickets due to ALO Guate’s scheduled maintenance windows
• Trouble tickets due to the failure of any components due to Customer action
• Trouble tickets for which ALO Guate cannot access required facilities due to inaccessibility beyond ALO Guate’s reasonable control
• Trouble tickets due to Force Majeur
• Trouble tickets related to any lines added, removed, or re-configured during the month
• Trouble tickets associated with lines used as backup or alternate routes
• When response is not met due to any network or system provided by customer or any third party.
• “No Trouble Found” trouble tickets
• Failures due to the local loop
• Trouble Tickets caused by the act or failure to act of Customer or any third party
• Trouble tickets that remain open due to delays caused by slow responses from customer for requests for feedback

Mean Time to Repair Remedies

Upon notification by the Customer and verification by ALO Guate that the actual Mean Time to Repair level is below the committed level, ALO Guate shall apply a credit equal to ten percent (10%) of the monthly service connection charge for each SIP Trunk included in the trouble tickets for which ALO Guate did not meet the committed Mean Time to Respond. Such credit shall be Customer’s sole and exclusive remedy for ALO Guate’s failure to meet the committed Mean Time to Repair. Customer must request credit within sixty (60) days of the validated outage. ALO Guate reserves the right to determine if an outage is considered a validated outage. Customer payables must be current prior to receiving any credits. Requests for credits may take up to 30 days to research and review; customer is responsible for paying current invoices and will receive a credit after the 30 day review period.

Remedies – General

Maximum Allowable Remedy

At no time will multiple remedies be provided to the Customer for the same, similar or related problems on the same SIP Trunk. ALO Guate shall have no liability for any failure of any ALO Guate network, service or equipment to meet the forgoing guidelines due to scheduled maintenance, caused by the act or failure to act of Customer or any third party or caused by any action or event beyond ALO Guate reasonable control. Customer’s sole and exclusive remedy for ALO Guate’s failure to meet the committed Service and Network Availability or other failure to meet the foregoing guidelines shall be the credit outlined in the applicable section. The maximum allowable remedy in a given Measurement Period will be ten percent (10%) for each line or user service affected. Customer must request credit within thirty (30) days of the validated outage. ALO Guate reserves the right to determine if an outage is considered a validated outage.

THE CUSTOMER UNDERSTANDS THAT THE SERVICES, NETWORKS AND EQUIPMENT REFERRED TO HEREIN WILL BE FURNISHED “AS IS” AND WITH ALL FAULTS. OTHER THAN ANY LIMITED WARRANTY THAT MAY BE GIVEN TO CUSTOMER UNDER THE AGREEMENT, ALO Guate MAKES AND CUSTOMER RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, IN THIS SLA OR IN ANY COMMUNICATION WITH CUSTOMER REGARDING SUCH SERVICES, NETWORK OR EQUIPMENT. ALO Guate SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ALO Guate EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE CONTENT OF INFORMATION TRANSMITTED BY CUSTOMER OR THE RESULTS OF ANY TRANSMISSION. ALO Guate DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES, NETWORKS OR EQUIPMENT COVERED BY THIS SLA WILL BE ININTERRUPED OR ERROR FREE.

ALO Guate Privacy and Security Statement

Your privacy is very important to us at ALO Guate. ALO Guate is committed to respecting your privacy and the confidentiality of your Personal Information and the content of your communications. This Privacy Statement is meant to assist You in understanding how We use and safeguard the information that We collect in providing our services to You. To protect your privacy, the Personal Information that ALO Guate collects from You is used in the manner and for the purposes described in this Privacy Statement.

Please read this Privacy Statement carefully. This document governs ALO Guate collection, use and disclosure of your Personal Information. You will not be able to register with ALO Guate or sign up for Our services until You read and consent to the use of your Personal Information as set forth in this document by checking the box at the end of this Privacy Statement. By accepting this Privacy Policy, registering with ALO Guate, or using ALO Guate services, You also will be deemed to have read and accepted ALO Guate Terms and Conditions.

Definitions

To help You better understand this Privacy Statement, We provide some basic definitions to use when reading and interpreting this document. The capitalized terms used in this Privacy Statement shall have the meaning set forth below.

Customer or You means individuals to whom this Privacy Statement applies. Customers include anyone who registers with ALO Guate, uses ALO Guate services, or voluntarily enters Personal Information on the Website.

ALO Guate or Us/We/Our means ALO Guate. This Privacy Statement only applies to Customers who register with ALO Guate, use ALO Guate services, or voluntarily enter Personal Information on the Website. Additional information regarding ALO Guate is available at www.ALO Guate.com.

Personal Information is information about an identifiable individual that is recorded in any form. Personal Information does not include information that is aggregated in such a manner that it does not identify an individual Customer, information that is listed in a publicly-available written or online directory, information typically made available through directory assistance, or any other information that cannot be associated with an individual Customer. Personal Information may include but is not limited to, a Customer’s name, address, e-mail address, ID numbers, phone number(s), calling history, credit card information, credit history, payment and banking information, and marketing preferences.

Privacy Statement refers to the Privacy and Security Statement as updated from time and time and available on the Website.

Website refers to the ALO Guate website located at www.ALO Guate.com.

Why We Collect Personal Information

We collect and use Personal Information from Customers for the following reasons:

• to provide service, products, and support to Our Customers
• to maintain commercial relations and to communicate with Our Customers (which may include, but is not limited to, billing, collection, advertising, promotion, account and credit verification, and other actions to customize, measure, and improve Our services)
• to identify the needs and preferences of Our Customers
• to meet applicable legal and regulatory requirements
• to administer and manage Our business operations and personal accounts;
• to resolve disputes and troubleshoot problems;
• to enforce Our Terms and Conditions and prevent improper or illegal use of Our Website and services;
• to provide offers for products or services from third parties that we believe You will find valuable and interesting;
• for any other reason We deem appropriate provided such use is consistent with this Privacy Statement. 
• Personal Information will not be collected, used, or disclosed for purposes other than as set forth in this Statement except with your consent or as otherwise required or permitted by applicable law.

ALO Guate Prepaid Calling Agreement

Subject to Change at Any Time In the Sole Discretion of Service Provider By purchasing or using the ALO Guate 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 1-800-340-7595 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; ALO Guate 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; ALO Guate 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. ALO Guate is not responsible for lost or stolen PINs or unauthorized use. Credit card fraud is a criminal offense. At ALO Guate, we use automated and manual systems to confirm proper credit card authorization; including having ALO Guate representatives call persons who have signed up for ALO Guate. 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 ALO Guate web site. Refund/Credit Policy at ALO Guate 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 ALO Guate 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 ALO Guate within 24 hours of the attempted call or discovery of the erroneous charges. Cancellation Policy 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 ALO Guate customer service. We will then shut down access to your account. ALO Guate is not obligated to refund any of the unused balance in your ALO Guate account as of the date you discontinue service, so we recommend that you use up the remaining balance before terminating the account. ALO Guate 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. ALO Guate 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 ALO Guate. With respect to any allegation, claim, or dispute related to use of the service provided there under, the liability of ALO Guate, 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 ALO Guate 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. ALO Guate may deny or limit use of the Service for any lawful reason. If ALO Guate suspects fraudulent use of the Service, it may be suspended or terminated, and Service calls may be intercepted, without notice. ALO Guate 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 ALO Guate 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. ALO Guate, in its sole discretion, may modify and assign these Terms. The Terms are binding upon You and ALO Guate and upon, respectively, your and ALO Guate’sagents 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 ALO Guate 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 ALO Guate. 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. The charge for the call includes surcharges of up to 14% which covers amounts associated with third party, state and federal taxes and regulatory charges which may include the Universal Service Fund surcharges, Federal Communication Relay Service and other federal and state assessments.” You may obtain additional information by calling 1-800-340-7595. 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 ALO Guate 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. These Terms are governed by and construed u.nder the laws of the state of Florida without regard to choice of law principles.

ALO Guate is not responsible for any long distance charges incurred by the customers while dialing a local access number. Customer needs to verify its existing local and long distance plan to guarantee that no long distance charges will be charge to Customer’s account.

Terms and Conditions of the service charge of the automated international mobile recharge promotion and the automated monthly international mobile recharge.

The following are the general conditions governing the operation and functioning of automated international mobile recharge service and the automated monthly international mobile recharge service from ALO Guate, and it will complement the general conditions of service provision in ALO Guate prepay. The conditions will be available at www.ALOGuate.com

Purpose of the Service:

The automated international mobile recharge promotion service facilitates the customer to recharge an international mobile phone that is associated with the customer’s prepaid account. The subscription to this service may be authorized verbally or digitally, thru www.ALO Guate.com, to recharge international mobile phone numbers indicated by the customer, for the amount indicated by the customer, when a promotion occurs, in the country of destination specified by the customer. The customer can also subscribe to automated international mobile recharge monthly service, to the number specified by the customer, to recharge that number on the same day of the month by the amount specified by the customer, the subscription can be canceled at any time. For the automated monthly international mobile recharge service, the subscription charge is scheduled for 31st of every month, for those months that have only 30 days this charge will be made on the 30th of that month. For the month of February, which has 28 or 29 days, ALO Guate will charge on the last day of the month.

Automated international mobile recharge programmed for promotions or scheduled monthly, execute the amount specified by the customer at the time of subscription recharge service, using the credit care previously registered by the customer on the account, and the recharge is triggered without the direct intervention of the user.

The recharges made to the international mobile user, are subject to a processing fee and regulatory fees may apply.

ALO Guate LLC., reserves the right to unilaterally modify, at any time and without notice, the presentation, configuration and contents of the service, and the special conditions required for suing the service charge, which shall apply to subscriptions made thereafter.

In the event that the recharge is declined, the international mobile recharge number will be removed from the automatic system, for safety. The customer will receive an email indicating the event and may contact customer service center and request restoring the automated international mobile recharge service.

Subscription Procedure:

The customer can program the automated international mobile recharge of the numbers they wish, by contacting ALO Guate customer service center or by login they account through www.ALOGuate.com.

ALO Guate LLC., keeps a copy for your records in computerized form of the transaction.

In the underwriting process by telephone through ALO Guate’s customer service center , the competition of the telephone questionnaire and consent forms required for the user, enable s the activation of the service and will involve the full acceptance by User of these Terms and Conditions, of this particular service and all general conditions.

Once finalized, the subscription of the automated international mobile recharge service, ALO Guate will send the customer an email confirming the activation of the automated international mobile recharge promotion service and the automated international mobile recharge monthly service. When the recharge occurs, the customer will be notified via text message and by email.

Terms and Conditions of the Service:

In accordance with current legislation, the user must correctly and lawful use the service.

Under any condition, the user may not access or use the service and content service for unlawful purposes, violate the rights of freedom of other, or may impair damage or prevent in any way access to them, to the detriment of ALO Guate LLC., or third parties.

ALO Guate assigns a risk limit use of the service. This limit determines the maximum amount of accumulated reloads which ALO Guate determines the period in which the user can make a maximum number and amount of recharges.

ALO Guate LLC., reserves the right to take action, if there is evidence of fraudulent use of the service.

The form of payment is by credit card or debit card. If the payment is declined the customers’ account will be unsubscribe as a security measure and the customer will receive an email. The customer can choose to restore the subscription. ALO Guate reserves the right to remove the accounts of which there is suspected abuse in their use. In case of technical failure, that prevents the recharge to be made, ALO Guate will contact the customer via SMS to confirm if the client wants the transaction to be executed. This procedure may change at the discretion of ALO Guate.

Service Availability:

ALO Guate does not guarantee the availability and continued operation of the automated monthly international mobile recharge service. ALO Guate will make their best effort to maintain the service. ALO Guate reserves the right to temporarily or permanently suspend the service without prior notice, and notify customer by email, SMS or telephone.

Personal Data:

The users aggress to provide accurate and truthful personal data to ALO Guate. Likewise, you may notify ALO Guate, regarding data corresponding to your identity, prohibiting third parties to edit or change your data. When the customer contacts ALO Guate through the customer service center, ALO Guate may proceed with the recording of the conversation, in order to properly process the application, request or complaint by the customer. The recording will be stored and linked in the customer’s account for purpose of ensuring the proper care and provision of the service was provided by ALO Guate. The customer is warned at the beginning of the conversation that results in the recording that is to be made.

ALO Guate informs the customer that your personal credit card will be transferred to financial institutions as appropriate for the collection of the service. Your personal data associated with the employment of the service including those arising from the recordings of the customer service may be transferred to the authorities for both administrative and judicial purposes under the laws in force in each enable case assigned. He/she shall notify ALO Guate of any modifications of the data provided to contract the service from the moment it occurs.

Description of Service

ALO Guate LLC supplies you with a set of services that allow you to send text messages to any network where ALO Guate LLC has presence worldwide. The customer will send an SMS directly to a ALO Guate USA Mobile Number and ALO Guate will do the proper translation to send the SMS to the International mobile number that you have registered in advance with ALO Guate. ALO Guate USA Mobile Number is called DirectSMS number. You can have up to 5 DirectSMS numbers depending on the subscription plan you have selected. This is a PREPAID SERVICE. All SMS messages (one SMS=160 characters ASCII, outgoing) require enough funds in the prepaid account to be processed.

Acceptance

By singing up with our Service, you automatically confirm that you accept all terms in this agreement. You can sign up with ALO Guate LLC irrespective of where you live in the world and your age. Please observe however, that underage persons sometimes need consent from parents. You always act as a private person and only represent yourself.

Usage

The ALO Guate service cannot be used to message short codes. The ALO Guate service must not be used for unlawful, inappropriate or criminal purposes. You cannot use ALO Guate services in a way that disturbs other users or intrudes on other persons or on their property. You are responsible for ensuring that the information you provide using our services is legal and in accordance with normal morals and the general ethics which apply on the Internet. Consequently, you are not allowed to: encourage a crime or assist anyone who encourages a crime in any way, make or distribute statements which discriminate or emphasize anyone’s race, skin color, sex, religion, ethnic origin or sexual orientation, distribute pornographic pictures or pictures which portray gross violence, force or brutality, make or distribute statements which are offensive or insulting. You cannot use ALO Guate account to send any BULK, mass, marketing, promotional or advertising messages. You will, at all times, respect and abide the laws of United States of America, country from which you are sending messages and country to which you are sending messages. If you do any of the following described activities:

• Your account will be deleted without warning of any kind
• Should your violations of our terms of use become a legal matter, your information will be shared with legal authorities in accordance with our Privacy Policy.

We assume that you will use our ALO Guate service in strict agreement with our usage policy and communicate with people in a friendly manner. We will therefore share all information available to us about you and your account, should we receive a complaint that your account was used in violation of our policy. By proceeding to use ALO Guate you explicitly agree with this statement. If you do not agree with this policy, you cannot use our service.

Registration

To enjoy of the ALO Guate services you must open a prepaid account thru our call center, if you don’t have an existing one, and ensure the sufficient funds to run the service. When you register, we may ask you to state your address, country of residence, language of choice and some additional data about you and or you personal interests. If you chose to register your name as part of your email address or elsewhere, you consequently agree to that your name and other information you have provided will be stored and processed in the ALO Guate database.

Subscription

Subscription enables account holders to use ALO Guate. The payment for a subscription is executed monthly on the day the subscriber first joined the program and is debited from the prepaid account.

When you add at least one DirectSMS number to your account you will be automatically subscribed to the service and your Billing Day will be the day when the first DirectSMS number has been added. The Billing Day indicates the day of the month when your account will be charged accordingly with the plan. If you remove all the DirectSMS numbers from your account, you’ll be automatically unsubscribed to the service and you’ll be charge for any remaining unused messages of your plan.

When you subscribe to the DirectSMS service you are committed to spend five dollars per month which is called the Commitment. If your account doesn’t satisfy the Commitment at the end of the 30 days from the last Billing Day, your account will be charged for the difference between the Commitment and the total spent since the last Billing Day. Subscriptions can be cancelled under the following terms:

1. Subscription privileges stop at the time of cancellation
2. No refunds for subscriptions will be issued under any circumstances
3. All accumulated credits, apart from the unused portion of credits since the last payment expire.
4. To cancel your subscription, please call our Customer Service department at +1-785-533-1110. Then request that the subscription be cancelled.

Other Operators Charges

ALO Guate is not responsible if your mobile operator bills you for texting our DirectSMS numbers for the domestic portion (text message between US mobiles). ALO Guate is not responsible if your mobile operator bills you for receiving our SMS notifications. ALO Guate is not responsible if the mobile recipient is billed by the local mobile operator on that country. In all scenarios you must verify if the mobiles numbers you subscribed to DirectSMS won’t be charged for sending or receiving text messages. DirectSMS service is suitable for mobile numbers that has already included text messages in their plans.

SMS Delivery

The international SMS network is built on the “best effort” principle. This means that delivery of messages cannot be guaranteed. Statistically over 99% successful delivery rate where over 90% of messages are delivered within few minutes (often seconds). We cannot, however, guarantee delivery of messages and we do not refund credits for unsuccessful messages.

Please note that, although we focus on providing extensive coverage aggregation services, third party network providers may choose from time to time to not be part of our networks or the networks of our service providers. This may result in messages not being delivered.

Quality of Data

The information that you state to us when you register must be updated, correct and complete. Please note that accounts with invalid information (for example e-mail account, name or country) may be deleted as our sole discretion, together with all associated information. It is your responsibility to make sure that your information is up-to-date.

Interoperability

The ability to send and receive SMS messages is subject to subscriber contracts, roaming agreements and billing configuration. Due to the nature of the global SMS network the roaming and interoperability status, as well as our ability to deliver your messages to or from any network may change without notice.

Messages and other Limitations

Content you send using our service must be suitable for anyone. No promotional or content that can be considered offensive can be sent. Non-compliance will result in account termination.

We are not responsible for the deletion or failure to store information.

We have set no fixed upper limit on the number of message you may send through the service apart from how many credits are left in your account.

We may determine whether or not your conduct is consistent with the Terms and Conditions agreement and may end the service at any time if your conduct does not comply with the agreement.

We may, in the future, with prior notification, limit the amount of storage space available to you.

Your message might be sent without your sender identification and you will not be notified of this.

Although we try our best to deliver message quickly, messages may be delivered late due to queuing or mobile network operator / third party traffic. This may still result in the message being seen as “delivered”. Only “received by recipient” can be regarded as a final delivery to the handset. This “received by recipient” status is only available if we get it from the mobile network operator.

SPAM

ALO Guate LLC will immediately terminate and delete your account if it believes that the account is being used for SPAM or unsolicited bulk messaging. Upside is bound to deliver a valued service and will NOT TOLERATE SPAM (sending of unsolicited message) of SMS, MMS, EMS or email messages and/or ANY other kind of messages. You, or users of your sub accounts, are NOT permitted to send SPAM. Failure to do so will result in immediate and irrevocable termination of your account. ALO Guate refund policy for accounts that are suspected of SPAMMING is VOID and NO refunds will be issued.

Please note that neither unsolicited messages nor any other messages that are in breach of US or international laws may be sent via the Service and that any consequences arising from the breach of US or international laws will be borne by you. ALO Guate LLC does not assume any responsibility for the content of the messages you send via its platform. We hereby underline your responsibility:

The client undertakes that it will not knowingly use the ALO Guate LLC service for any illegal, immoral or improper purpose or in any manner which contravenes the law or regulatory requirements of the appropriate jurisdiction or knowingly in any way which is indecent or offensive or in any way that could be considered as Spamming, and undertakes not to allow any third party to do so. The client explicitly confirms that for each SMS-MT it sends to Mobile Subscribers via the ALO Guate service/platform, the client has the prior consent of the recipient of each message before the message is sent.

Since penalties can be drastic, it is in your best interest to closely obey all laws and regulations.

Quality of Service

You use your account and information from the Internet entirely at your own risk. ALO Guate LLC does not take responsibility for: (a) that the service will be without faults or delays, (b) any effects on your life when you use your account or download anything from the Internet or (c) for goods, services or transactions using your account.

Refund Policy

Please note that setup fees, expired or used SMS credits CANNOT be refunded. Also, credits purchased through any of the monthly subscription accounts are non-refundable. All refunds are issued through PayPal. Unused prepaid balances different than subscription amounts, will be refunded.

SMS Credits Expiration

The free SMS messages portion included in subscriptions that qualifies for free SMS messages will expire at 30 days from the last billing day.

Equipment

You must have access to the necessary mobile equipment to originate SMS. You must have access to the local mobile network and you must pay all costs pertaining to such access.

System Maintenance

ALO Guate LLC maintains computer equipment and software to ensure the highest level of service. Our scheduled database backup and system at any moment. It is possible that some or all functions will not be available at this time. ALO Guate LLC will work in its best effort to reduce de impact and the out of service time.

Direct SMS Numbers

DirectSMS numbers can be changed at any moment by ALO Guate without prior notice and replaced by a new DirectSMS number. DirectSMS number replacement will be notified to you by SMS, email, phone or thru our website. ALO Guate will work in its best effort to maintain the same number as long as possible. ALO Guate is not responsible for any effect that a replacement of the DirectSMS number may cause to you. Replacement of DirectSMS numbers will take up to 48 hours and the service won’t be available for that DirectSMS till the replacement process is concluded.

Privacy

Your correspondence is your own private property. ALO Guate LLC takes no responsibility whatsoever for the content in the correspondence of its members. Nor does it take any responsibility whatsoever for activities that may take place as a consequence of communication via ALO Guate LLC network. ALO Guate LLC will not change, destroy or forward the contents of your correspondence, unless entitled to do so by this agreement or forced to do so by law, regulation or any extraordinary circumstance. ALO Guate LLC may, however read the contents of your correspondence and act to ensure that the service is used in line with the requirements of this Terms of Service.

Integrity

You are responsible for your account and your password. ALO Guate LLC will not be responsible nor liable for any loss you may have that results from an unauthorized access to your account. You should therefore protect your account name (username) and password to anyone else including ALO Guate LLC. staff members. We strongly recommend that you change your password periodically and that you use non-trivial passwords that contain at least 8 characters including digits, special characters and letters in lower and upper case. You are not allowed to give others access to your account and you cannot send messages on other people’s behalf. Such activities are in violation of this Terms of Service and will result in account suspension.

Closure of Service

ALO Guate LLC may at any time close your account or clean its content if: (a) you supply misleading information at the time of registration, (b) you do not use (access) your account within a time span of 30 days, if (c) you do not follow the terms stated in this agreement, (d) the use of your account contravenes the law or the conditions in this agreement, (e) there is reasonable suspicion that a crime has been committed, (f) if you do not maintain a valid e-mail address or (g) if there is a suspicion that you used your account to send SPAM. ALO Guate LLC also retains the right to close the service at any time, temporarily or permanently, in case of force majeure, bankruptcy, liquidation or for any other reason.

Warranty, Responsibility for Faults, etc.

The services are provided on an -as is- basis with no warranty implied or explicit.

Indemnification

You agree to indemnify and hold ALO Guate LLC, its parents, subsidiaries, affiliates, officers and employees, harmless for any claim, demand, or damage, asserted by any third party due to or arising out of your use of or conduct on the system. The Service is provided without any guarantees explicit or implied.

ALO Guate LLC is not responsible for direct, indirect or other damage suffered by the User or a third party as a result of using the Service, faults in the Service or interruption to or termination of the Service. ALO Guate LLC is also not responsible in any way for the content or the delivery of the messages which the User has sent or received via the Services.

Copyright

This web site, the web site technology and all content from time to time displayed on the web site (the Web site) are the property of ALO Guate LLC. The Web site is protected by international law and conventions for the protection of industrial and intellectual property rights. You may not, without expressed permission from ALO Guate LLC, copy or to the public display the Web site or the Web site in part or parts. You also may not mirror the Web site on your home page. Your use of the Web site does not create a license or any other rights in ALO Guate LLC trademarks, services, copyrights, or any other intellectual property or proprietary rights.

Disagreements

This agreement shall be governed by and construed in accordance with laws of the State of Florida, USA. In case of a dispute, you agree to submit yourself to the jurisdiction of courts of the State of Florida, USA.

Changes in this Agreement

ALO Guate LLC reserves the right to alter the terms of this agreement. The right to use the services is subject to your approval of the membership terms applicable from time to time. It is therefore in your interest to keep yourself updated on the membership terms. By continuing to use this service, you accept the new wording of the membership terms.

Termination of the Agreement

We may terminate the Agreement and withdraw the Website and the Services provided through it:

(a) on giving you at least 1 day prior written notice;

(b) immediately upon breach by you of any of the terms of this Agreement or where there are serious grounds for doing so and provided you are informed by notice in writing as soon as is reasonably possible after termination;

(c) immediately upon your bankruptcy or other contractual incapacity;

(d) if you have not accessed the Website in any period of 12 consecutive months; or

(e) if we reasonably believe that any of the Services have been used negligently, illegally or fraudulently by you, or by a third party as a result of your negligence or recklessness.

This Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated. You may terminate the Agreement at any time by giving us not less than 1 days prior written notice to that effect, but without prejudice to your liability for any outstanding indebtedness on any Account or otherwise prior to the date of termination.

We reserve the right to process or cancel any transactions in progress on termination of this Agreement or on suspension or withdrawal of the Services. We are not responsible for any loss you may incur as a result of any transaction not being processed as part of the Services after termination of the Agreement or after any suspension or withdrawal of the Services.

Your contribution

When you send us any feedback, suggestions, ideas or other materials in relation to or via our site or the services, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.

VAT and Tax. If VAT, sales tax or any other duty or tax is imposed on any supply made by us through ALO Guate or the services, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing VAT rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in this Agreement. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.

This Website is established in USA in accordance with the laws of USA and will be governed by the laws of that country. When you use the Website, you accept that your use of the Website and any information on the Website, will also be governed by the laws of USA and if any claim or dispute arises from your use of the Website or any of the information on it, you agree that the US courts will have exclusive jurisdiction over all such claims or disputes.

Your agreement for the purchase of Top-Up is with the network operator. ALO Guate is an independent entity appointed by Mobile Network Operators to act on its behalf to facilitate the purchase of the mobile Top-Up.

Links to other websites

Some pages on this Website contain hypertext links to web sites not maintained by us. You are reminded that when you enter other web sites via such hypertext links, you will not be subject to these terms and conditions and you will not benefit from the protections afforded to you in using our Site. We will not be liable in any way for the content, availability or use of such linked web sites and you use such links entirely at your own risk.

Access to and use of this Website is at the user’s own risk and we do not represent or warrant that the use of this Website or any material downloaded from it will not cause damage to property, including but not limited to loss of data or computer virus infection. In no event do we accept liability of any description including liability for negligence for any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with the access, use or performance of this Website or any its contents.

When using the Services you and we agree that we each will not attempt to attempt to repudiate the validity of your instructions relating to the Services or the communications regarding the instructions sent to you by us. Both you and we agree that the instructions, information, communications and/or authorizations given through the Services shall be treated as satisfying any legal requirements for communication in writing.

Variations of the Agreement

Where we are not required to notify you otherwise by law, we may alter the Agreement from time to time. Any such alteration shall become effective and shall be binding upon you 14 days after notice of such alteration has been sent to you by any of the following means: through the post or by electronic message through Site. You shall be entitled, upon receiving notice of any alteration to this Agreement, to immediately terminate the Agreement but without prejudice to any rights or obligations which have arisen prior the termination date, including your liability for any indebtedness on any Account or which has otherwise arisen prior to that termination date.

Notices

Save where expressly provided, any notice required to be given by you to us in connection with the subject matter of this Agreement shall be given in writing and sent through the post addressed to ALO Guate LLC, or by email to info@ALO Guate.com.

Save where expressly provided, any notice required to be given by us to you in connection with the subject matter of this Agreement may be given by any of the following means: through the post or through the Website.

Use of Information and Confidentiality

Subject to the terms of the Privacy Policy, and except to the extent that such disclosure is required under compulsion of law or pursuant to a direction or request issued by the Financial Regulator or other competent statutory or regulatory authority, we shall ensure that all your confidential personal data held by us in relation to this Agreement shall only be accessible to us, our agents or a company controlled by us and shall be processed or used by us for purposes and in a way compatible with the discharge of our obligation to you under the Agreement.

You shall ensure that all information obtained from us by you relating to our operations, services, software, hardware and/or systems in connection with this Agreement shall be treated by you in strictest confidence and shall not be disclosed by you to any third party unless it is already in the public domain.

Intellectual Property

The Intellectual Property Rights in all data, information, systems, processes or other material used by or developed by us for the purposes of providing the Services or performing its obligations under this Agreement shall, or upon their creation, remain vested in us or its licensors. You shall use such material only for the purpose of receiving the Services, as contemplated by this Agreement.

Save where otherwise specified, the Intellectual Property Rights and contents of all the Website are owned by us or its licensors. Reproduction of part or all of the contents of the Website in any form is prohibited without our prior consent, other than that you may print or download one copy of the contents of the Website for personal non-commercial use.

Data Protection

We will comply with its obligations under applicable data protection law as regards relevant data in its possession relating to you and shall make available for inspection by you any information held by us about you in accordance with those laws. The Privacy Policy published on the Website from time to time shall apply to the use of personal data relating to you and shall form part of this Agreement.

Temporary Withdrawal of Service

In the event of a breakdown, fault or malfunction of, or connected to, any system used in connection with the Website and the Services, or where there is a real or potential security risk, we shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Website for such reasonable period as may be required to remedy, address or resolve the system issue.

Force Majeure: We shall not be in breach of its obligations under this Agreement if there is any total or partial failure of performance of our duties and obligations occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer dealing or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond our control.

Security, Maintenance and Availability

You accept that electronic communications, the internet, telephone lines or SMS-based telecommunications media may not be secure and communications via such media may be intercepted by unauthorized persons or delivered incorrectly. In consequence we cannot guarantee the privacy or confidentiality of communications via such media although it will put in place security measures to protect these methods of communications.

From time to time it may be necessary to or desirable for security reasons, maintenance, upgrades or other reasons to:

1. Make certain or all of the Services unavailable to you; and/or

2. Delay implementation of any new Services; and/or

3. Withdraw, replace or reissue Passwords; and/or

4. Change authentication procedures or processes for accessing the Website or the Services and while we will use reasonable endeavours to minimise any inconvenience caused to you, you accept that these events may occur and that we have no liability to it in the event of this happening. Where we change authentication procedures for accessing the Website or the Services then, notwithstanding any other term of this Agreement, we may introduce these procedures by giving instructions to you via the Website in respect of which such procedures are being introduced.

Agency

You agree that you have entered into this Agreement for your own benefit and not for the benefit of another person, and that you may not subcontract or assign any of your rights or obligations under this Agreement.

Governing Law

All relations established by us with you prior to this Agreement being entered into, and this Agreement, are governed by and will be construed with the laws of Ireland, and the courts of Ireland shall have exclusive jurisdiction to resolve any disputes in connection with them.

Severability

If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).

Waiver

Any waiver by us of a breach or default of any of the provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on our part to exercise or avail of any right, power or privilege that we have or may have, operate as a waiver of any breach or default by you.

Language

The Agreement and all other documentation which will be provide by us to communicate with you throughout the duration of the Agreement will be prepared in the English language, and all communications between us and you will also be conducted in the English language.

Definitions

Words in bold print in this Definitions Clause have the meanings respectively set under them when used in this Agreement and, where the context admits, the singular form shall include the plural form and vice versa.

Agreement

The agreement concluded between us and you for the purposes of receiving the any of the Services through the Website which consists of (1) the Registration Form; (2) these Terms and Conditions; and (3) the Privacy Policy appearing on the Website from time to time. In the event of any conflict or ambiguity between any of these documents, then these Terms and Conditions will prevail.

We, us means ALO Guate LLC, including its successors and assigns. Fees means the Fees payable for the Services provided to you by us, which shall be made known to you while you are using our Website

Intellectual Property Rights

“Intellectual Property Rights” means all copyright, patents, trade marks, registered and unregistered design rights, rights in databases and topography rights and other intellectual property rights, all rights to bring an action for passing off, all rights to apply for protection in respect of any of the above rights and all other forms or protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world, and includes any trade marks that we have in the word “ALO Guate” or “ALO Guate.com”.

Privacy Policy

The document called “Privacy Policy” published by us on the Website from time to time.

Registration Process (es)

The process (es) which must be properly and fully completed by you applying to us for the provision of ALO Guate.com Services, including, but not limited to, application forms, online application forms and forms completed by you.

Password

The password allocated by us to you in connection with the Website and the Services.

Terms and Conditions. The terms and conditions governing the provision of the Website and the Services to you, which are set out in this document, and such other terms and conditions as may be added to or substituted for them from time to time pursuant to the Agreement.

Top-Up

A transfer of an amount from an Account to a mobile network operator (authorized by us from time to time) to pay for the provision of telecommunication services by that mobile network operator to a pre-paid mobile telephone effected using the Services and the Website. 

Services

The Services made available by us on the Website from time to time including the Top-Up services. 

Website

Any page containing the URL www.aloguate.com.