Terms of Service
This agreement (“Agreement”) is between LowerCostCalls LLC and a user of LowerCostCalls LLC communications services as described below. This Agreement governs the services described below. In this Agreement, “you” and “your” mean the customer of the LowerCostCalls LLC services defined below, and “ LowerCostCalls LLC,” “we,” “our,” and “us” mean LowerCostCalls LLC, and any LowerCostCalls LLC affiliates authorized to provide you with LowerCostCalls LLC services.
By enrolling in, activating, submitting the application form, or paying for the services, you agree to the terms and conditions in this agreement, including those pertinent to 911 services, and to the prices, charges, terms and conditions provided to you with respect to the service during the registration process, included in marketing materials associated with your offer, and on the LowerCostCalls LLC website, all of which are incorporated herein by reference. If you do not agree to all of the aforementioned terms and conditions, do not use the services and cancel immediately by calling LowerCostCalls LLC at 859-351-6915 for further directions.
Changes to This Agreement
LowerCostCalls LLC permanently posts all terms and conditions of service on our website and do not offer paper copies for any reason. We reserve the right to make changes to this policy without notice. By subscribing to the LowerCostCalls LLC service, user agrees that we may provide them with email updates regarding notices, changes in the agreement or terms of service, or other general information about our service.
We will do our best to notify all current customers by email as changes are made to the agreement but it remains the user’s responsibility to review the terms posted on our company website for updates. In the event that LowerCostCalls LLC is forced to alter the service agreement, every subscriber who is a customer at the time of the change will have the option to terminate service within 7 days of change to the agreement. By activating an account, you are acknowledging our right to make future modifications to this agreement. Furthermore, you are accepting the revised terms as they are posted on www.LowerCostCalls.com unless you notify us by phone or email within 7 days of the change to request termination. Updates will supersede all previous agreed upon terms without limitation. Continued use of our service will imply acceptance of the revised service agreement.
Responsibilities of the Subscriber
By activating an account, you acknowledge that you will not use the LowerCostCalls LLC service for unlawful or abusive purposes or in such a way that it damages the reputation of our company, its employees, third parties, or the public in general. The subscriber assumes all responsibility for knowing the rules and regulations of the facility in which they plan to use our service and will not hold our company responsible for any changes that may occur resulting in loss or interference of service. You accept responsibility for use of our service by guests, employees, family members, relatives, cohabitants, friends and acquaintances both known and unknown. All users will use the LowerCostCalls LLC service in accordance with all local, state, federal and international laws as well as the rules and regulations set forth by the facility in which they are housed.
You agree that you completely understand how to setup the LowerCostCalls LLC service in accordance with the respective correctional facility guidelines and the process each inmate must use within their respective facility to take advantage of our service. We are not responsible for the length of time it takes you, the inmate or the correctional facility to activate the number issued to you through LowerCostCalls LLC for use at the respective facility.
User acknowledges that we have no more to do with the process of setting up a call after a local number is provided to the subscriber. User understands that we have nothing to do with the amount of time it takes each facility to allow the inmate to make use of our service. All questions about complications of activation after we have issued you a number must be directed to the facility in which the number will be used.
As a subscriber, you understand that you are responsible for payment despite the length of time taken to make use of all new numbers. LowerCostCalls LLC is not liable for any information or content that a subscriber submits to this service. By activating an account with LowerCostCalls LLC, each customer is assuming responsibility and liability for the aforementioned entries into our system. We will not be held accountable for the deletion of any subscriber content. You agree to make us aware of all changes to your account information. Termination of service or failure to receive updates or notifications for this reason is the fault of the user.
Subscriber is responsible for maintaining the confidentiality of the phone number(s) issued as well as the sensitive information that is presented to us as part of your service with LowerCostCalls LLC. You are required to notify us immediately if the security of an account is compromised in any way. Any damages resulting in the failure to do so will be the burden of the user. LowerCostCalls LLC must be notified immediately if: the subscriber’s payment method expires, the account is closed, billing address changes, email address changes, or the payment method is cancelled or replaced due to loss or theft. Each subscriber will activate LowerCostCalls LLC service to connect the number provided with a number under the control of the subscriber only. We are in no way responsible for costs of phone service beyond that charged for our service either during or after your term of service.
All third party charges, including but not limited to, cellular phone fees, Bureau of Prison fees, or local toll charges required by the facility phone service provider are the responsibility of the user. It is the subscriber’s responsibility to understand what, if any, charges are applied by third parties outside of our service. All questions concerning activation of an account that are not addressed on our website, www.LowerCostCalls.com, can be answered by calling 859-351-6915 from 9:00 a.m. to 6:00 p.m., seven days a week, or by sending an email to info@LowerCostCalls.com.
Payment for Service
All payment transactions will be processed immediately upon enrollment of our service. Since all calling plans are prepaid, all charges will be assessed no matter how many minutes of the purchased plan are used by the subscriber in any given month. The terms of the selected service shall continue for the life of the account. This agreement is with the subscriber only and is non-transferable. The subscriber is solely responsible for payment of the LowerCostCalls LLC service. LowerCostCalls LLC will charge the rates that are in affect at the time of subscription.
We reserve the right to raise or lower prices for subscriptions at any time. Those updated prices will go into effect immediately upon being posted on our website www.LowerCostCalls.com. The prices on our website will be the price charged all new users. We may, however, offer introductory, reduced or alternate pricing at our discretion for any reason deemed appropriate by us.
All billing cycles begin on the date the local number is assigned to the user’s account. LowerCostCalls LLC may change the accepted payment methods at any time. The name and address of the subscriber must reflect that of the account from which the payment method is made. When paying by credit or debit, subscriber authorizes LowerCostCalls LLC to charge the amount owed, then or later, to that account. Payment by credit or debit also allows for the deduction of funds from that account for renewed service when the term ends and LowerCostCalls LLC is not notified with orders to terminate. The user’s account will be charged for a renewed service if not contacted before the last 7 days of the agreement. Deductions for renewed service will take place within the last 7 days of the current service term.
By subscribing to our service each customer will be assigned a unique, exclusive, non-transferable, local number with which to make use of the LowerCostCalls LLC service. The user has no ownership rights to their specific number. All subscriptions are provided on a prepay basis. The cost of first local phone number is $2 per month; add $1 per month for each additional number. This cost will be deducted from your account balance at the time of purchase and then again on the monthly anniversary of the subscription date.
For example: May 4th; June 4th; July 4th… until our service is no longer required.
No local number will be issued and service will not be activated until service is paid for in full. All accounts have a non-refundable $10 account activation fee. This service has no agreements, billing or otherwise, with any of the institution phone service providers and cannot be used for collect calls. In order to receive collect calls the subscriber must establish a prepaid account with that facility’s phone service provider. The customer assumes the responsibility of employing alternate means to ensure that calls are not billed as collect. This can be done using a prepaid account with the facility’s provider, inmate calling cards or through the inmate’s commissary debit account.
The subscriber is initiating service with LowerCostCalls LLC with the understanding that it is a basic service providing a local number with which to save money on long distance calls anywhere in the world. You understand that each account is activated to allow a predetermined quantity of minutes talk time unless special terms are agreed upon in writing between the subscriber and authorized LowerCostCalls LLC staff. All additional numbers purchased by the user outside of the normal minutes per month calling plans will be employed to work in accordance with the allotted number of minutes provided with the plan purchased unless an alternate agreement is reached and agreed upon in writing. No additional services such as Caller ID, 411, Voicemail and the like are included with this service.
All numbers are programmed to connect the inmate with only one destination number. LowerCostCalls LLC can provide each customer with as many local numbers as needed in order to connect with other destination numbers. Each subscriber has the option to order multiple numbers to work along with a single calling plan. LowerCostCalls LLC takes steps to ensure that all numbers provided will save the user on calls after including the cost of making a normal local call with the facility’s telephone service provider. If the phone number provided by LowerCostCalls LLC is not local to your inmate’s facility, LowerCostCalls LLC will either issue a replacement number or refund the cost for the non-working local number. All requests for a refund must be received within the first 14 days after account activation.
Fair Usage Policy
A Fair Usage Policy of 1,500 minutes applies to our Unlimited Calling plan. If this limit is exceeded before the subscribed month renews itself, the cost per minute will default to that of our Pay As You Go plan. The Unlimited Calling plan will renew itself on the monthly anniversary of the account’s subscription date.
Changing Service Due to Transfer
In the event that an inmate is transferred to a new facility it is the subscriber’s responsibility to notify LowerCostCalls LLC to make us aware of the change in the inmate’s location and need for a new local number. We will then generate a new local number for the same account to continue the service at no additional cost to the subscriber.
LowerCostCalls LLC will provide you service until you decide to cancel when paying with a debit or credit card. All service terms begin on the date the local number was issued and end the day before the respective date in the future depending upon the length of the agreement. All subscriptions are automatically renewed for the same period of time as the original service agreement unless we are notified before the last 7 days of service on the current agreement. Renewal will continue as usual without a break in the service starting the day after the end date of the previous term. All renewal costs will be governed by the most updated LowerCostCalls LLC terms and conditions in affect at that time of renewal. The renewed service package purchased will not necessarily reflect a past sale price if it is no longer available or in effect.
Termination of Service
The subscriber is responsible for all costs of the service package, and any additional lines purchased, in the event of early termination brought about by just cause due to a violation of the service agreement. This includes the portion of the service purchased but not yet used. Early termination for this reason will not be pro-rated and no refund will be issued in part or in full. If LowerCostCalls LLC terminates service without cause, the user will only be responsible for the charges accrued up to the date of termination. If service is terminated by us without cause, all partial time frames will be pro-rated according to the cost quoted at the time of activation. In the event that the subscriber wishes to terminate service due to an alteration of the agreement, the user must do so within 7 days of the date the alteration was posted on our website.
Notice of termination must be given by the account holder and given to us by phone or by email. If you opt out of your service for this reason, you will be billed a pro-rated charge according to the price quoted at the time of activation. If the subscriber wishes to terminate service before the end of the terms of a service plan for any reason, the account will be pro-rated according to the current, monthly service plan costs regardless of the service plan purchased. In this case deactivation will be initiated at the end of the month as if it were a normal monthly billing cycle.
LowerCostCalls LLC reserves the right to terminate, disallow activation or extend service if we believe any information submitted to be inaccurate, false, incomplete or not current. We maintain the option to terminate service at any time without notice for all situations specifically stated in this agreement as well as for any other unforeseen situation that may arise. LowerCostCalls LLC reserves the right to terminate or restrict service at its discretion without notice. LowerCostCalls LLC can stop accepting the subscriber’s payments or payment method at any time without notice. Only the account holder will be allowed to cancel an account. An account can be closed by calling LowerCostCalls LLC at 859-351-6915 between the hours of 9:00 a.m. and 6:00 p.m., Eastern Standard Time, seven days a week. All subscribers who do not use the appropriate channel for termination will remain responsible for the cost of continued service.
Subscriber understands it is difficult for LowerCostCalls LLC to distinguish between credit and debit cards. Subscriber agrees to waive all rights under Regulation “E” ELECTRIC FUND TRANSFERS of the Federal Deposit Insurance Corporation laws and regulations, to receive 10 days advanced notice from us regarding the amount to be debited from the user’s account. While LowerCostCalls LLC may provide billing messages from time to time, we are not obligated to do so. LowerCostCalls LLC may change or cease said messages at any time without notice to you.
Disputes of any kind can be resolved quickly and easily by contacting LowerCostCalls LLC by phone or email. Any dispute of LowerCostCalls LLC charges that are applied to your statement must be disputed within 7 days after statement is received from the bank or credit provider. If charges are not disputed within the 7 day time period, user waives the right to contest the charges. Any dispute of charges can be addressed by contacting LowerCostCalls LLC by email at sales@LowerCostCalls.com or by calling 859-351-6915.
Cancellations and Refunds
LowerCostCalls LLC maintains the right to grant or refuse refunds in part or in full. Failure to cancel service prior to the next billing date will result in a renewal of service and a charge of the customer’s credit card or debit card when this method is used to purchase service. To avoid renewal, contact LowerCostCalls LLC by phone or email to terminate service before the last 7 days of the billing cycle. When other payment methods are used, and payment is not received for renewal, service will be terminated at the end of the service term. LowerCostCalls LLC does not offer credit or a refund for interruption of any service provided by or purchased from us.
Dispute Resolution and Binding Arbitration
All disputes or claims arising under this Agreement shall be presented in writing to the other party. If the parties are unable to resolve the dispute or claim within thirty (30) days of receipt of written notice thereof, the dispute or claim shall be arbitrated by a mutually agreed upon neutral third party. This agreement to arbitrate is intended to be given the broadest possible meaning under the law including, but not limited to, disputes and claims arising out of or relating to any aspect of the relationship between you and LowerCostCalls LLC, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; disputes and claims that arose before this or any prior agreement including, but not limited to, claims relating to advertising; disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which subscriber is not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. Reference to LowerCostCalls LLC and subscriber include their respective subsidiaries, affiliates, agents, employees, predecessors in interest, and successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this Agreement or any prior Agreements between you and LowerCostCalls LLC.
Service may be monitored for violations of this agreement. LowerCostCalls LLC may block or terminate service for suspected violations of this agreement or to protect our service or employees. Subscriber understands that there is the possibility that an account could be monitored by law enforcement under, but not limited to, the following circumstances:
- In response to law enforcement or other government agency request;
- To meet the requirements of law, regulation, subpoena, search warrant, or court order;
- In situations where it becomes necessary to protect the interests of LowerCostCalls LLC, it’s employees or customers.
No Third Party Beneficiaries
No one other than the user has rights to reimbursement, remedy or claim under the terms of this agreement.
As Is Services
You agree that our services are provided “as is,” except to the extent provided below. LowerCostCalls LLC will not be held responsible for any transmission sent through the LowerCostCalls LLC service or its content.
No Warranties on Service
We make no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service or device for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the service will be without failure, delay, interruption, error, omission, degradation of voice quality, or loss of content, data, or information. Neither LowerCostCalls LLC, nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises or equipment or for unauthorized access to, or alteration, theft, or destruction of, customer’s data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of LowerCostCalls LLC or its service provider’s or vendor’s negligence. Statements and descriptions concerning our service or device, if any, by LowerCostCalls LLC or LowerCostCalls LLC agents or installers, are informational and are not given as a warranty of any kind.
Limitation of Liability
We will not be liable for any delay or failure to produce service, at any time or any interruption or degradation of voice quality that is caused by any of the following:
- Third party act or omission – any act or omission of an underlying carrier, service provider, vendor, prison, prison phone service provider, or other third party;
- Equipment failure – any equipment, network, or facility failure;
- Equipment modification – any equipment, network, or facility upgrade or modification;
- Force majeure – any force majeure events such as, but not limited to, acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism, and government actions;
- Equipment shortage – any equipment, network, or facility shortage;
- Equipment relocation – any equipment or facility relocation;
- Loss of power – any service, equipment, network, or facility failure caused by the loss of power to you;
- Outages – any outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of service caused by any third party;
- Acts or omissions – any act or omission by you or any person using our service or the device provided to you; or
- Other causes – any other cause that is beyond our control, including, without limitation, a failure of or defect in any device, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or forwarded.
User agrees to indemnify, defend, and hold harmless LowerCostCalls LLC, our managers, directors, employees, independent contractors, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability including reasonable attorney’s fees, to the extent that such action is based upon a claim arising out of or relating to subscriber’s use of/and or access to the telephone line provided by LowerCostCalls LLC. User specifically acknowledges that LowerCostCalls LLC shall not be liable to customer for losses, if any, incurred as a result of fraudulent or unauthorized misuse of LowerCostCalls LLC service.
The law of the state of Kentucky will govern this agreement, and the relationship between LowerCostCalls LLC and the user, except in the instances that are preempted by federal law.
The privacy of our customers is very important. We do not share or sell any of the information submitted by you when activating our service. None of the numbers issued by LowerCostCalls LLC will be publicized in any commercial directory or sold for commercial purposes. The information you have provided LowerCostCalls LLC is for use in activating your account and providing account management features such as email and text message alerts and/or updates. By activating an account with LowerCostCalls LLC you are agreeing to receive email and text message updates to include, but not limited to, balance notifications, account closures, and changes in service.
Copyright and Trademark
Any infringement of our copyrights, trademarks, logos, materials or services may result in civil or criminal prosecution.
The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive.
You promise that you are of legal age to enter into this Agreement and that you had read and understand fully its terms and conditions.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.