|SUBJECT TO CHANGE AT ANY TIME AT THE SOLE DISCRETION OF NOS/SBS
|1-800-COLLECT® CALLS ("1-800-COLLECT Calls") are governed by terms (a) located within the following Service Agreement,
(b) published by Simple Billing Solutions ("NOS")/Simple Billing Solutions ("SBS") in any other current 1-800-COLLECT® materials, including the Privacy
Terms may be updated from time to time without notice other than publication on this website or elsewhere. For purposes of these
Terms, "you" means the customer who places an operator-assisted collect call by dialing 1-800-COLLECT®.
By placing a 1-800-COLLECT® call, you accept these Terms as they may be updated from time to time.
To place any 1-800-COLLECT® call, you dial 1-800-COLLECT® and request the live operator or the automated operator system to
connect you to a telephone number that you provide. If your call is accepted by the called station, then the call is completed and
billed to the called number.
1-800-COLLECT® calls from the U.S. to U.S. locations: You may place a 1-800-COLLECT® call from any phone in the U.S.
mainland, Alaska Hawaii, Puerto Rico, the U.S. Virgin Islands, and Northern Mariana Island to any location in the U.S. mainland,
Alaska, Hawaii, Puerto Rico, U.S. Virgin Islands, and American Samoa (excluding intra-Alaska). Please note that termination to
Northern Mariana Island or origination from American Samoa is not allowed. In-state calling is governed by state tariffs, if
1-800-COLLECT® calls from the U.S. to international locations: You may place a 1-800-COLLECT® call from any phone in
the U.S. mainland, Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands to any location in Canada and to selected other locations
outside the U.S.
1-800-COLLECT® calls from outside the U.S. to U.S. locations: You may place an operator assisted collect call via dialing
1-800-COLLECT® from any phone in Canada and Northern Mariana Island to any location in the U.S. mainland, Alaska, Hawaii,
Puerto Rico, the U.S. Virgin Islands, and American Samoa. Please note that termination to Northern Mariana Island or origination
from American Samoa is not allowed.
1-800-COLLECT® calls to Wireless and VOIP* Numbers: 1-800-COLLECT® has contracted with 3G Collect to offer a collect
service to wireless and VOIP* numbers in the North American Dialing Plan (NADP), the U.S., Canada, U.S. Virgin Island, Puerto
Rico, Guam, and part of Northern Mexico. Just dial 1-800-COLLECT® and calls terminating to a wireless or VOIP* number can be
transferred seamlessly to 3G Collect.
Rates for domestic and international calls vary. For the specific rates applicable, please call 1-800-COLLECT® and
ask for a rate specialist or visit 1-800-COLLECT® Rates. Calls made from and/or to international locations may have a
higher per-minute rate than calls made from and/or to the United States. Higher rates may apply for calls completed to wireless
and VOIP* numbers.
Completed calls will be rounded to the next higher full minute. If the computed charge for a call includes a fraction of a cent, NOS/SBS
rounds the price of the call up to the nearest whole cent. All rates provided are in United States Dollars.
NOS/SBS may deny or limit use of the 1-800-COLLECT® service for any reason in its sole discretion. NOS/SBS reserves the right to block,
without notice (consistent with governing laws and regulations), call traffic to or from specific countries, country codes, cities, city
codes, local telephone exchanges, individual telephone stations, groups, or ranges of individual telephone stations, or calls using
certain authorization codes, whenever NOS/SBS deems it necessary to take such action to prevent (1) the unlawful use of service; (2)
nonpayment for service; or (3) the use of service in violation of these Terms.
NOS/SBS and its distributors and agents 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,
terrorist acts, 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.
NOS/SBS makes no express or implied representations or warranties about its services and disclaims any implied
warranties, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular
purpose or use or non-infringement. NOS/SBS does not authorize anyone to make a warranty on NOS's/SBS's behalf and you may not rely on
any statement of warranty as a warranty by NOS/SBS.
NOS/SBS and its distributors and agents WILL NOT BE LIABLE FOR ANY DAMAGES AND You will indemnify, defend, and
hold harmless NOS/SBS and its distributors and agents against any and all claims of loss or damage arising from or in
any way related to use of the 1-800-COLLECT® service by you or others authorized by you, including, but not limited
(A) Allegations and/or claims arising out of or related to the alleged negligence of NOS/SBS;
(B) Allegations and/or claims arising out of or related to any errors, omissions, interruptions, errors, failures to transmit, or delays
in connecting a call using the 1-800-COLLECT® service;
(C) allegations and/or claims arising out of or related to any intentional act or omission by you or others authorized by you to use
the 1-800-COLLECT® service;
(D) Allegations and/or claims asserted against you by third parties;
(E) Allegations and/or claims arising out of or related to any act or omission of a third party, including, but not limited to any other
company or companies furnishing a portion of the service and those vendors participating in NOS/SBS offerings made to you;
(F) Allegations and/or claims for libel, slander, or invasion of privacy; and
(G) Allegations and/or claims arising out of any purported breach of these Terms.
In no event will NOS/SBS be liable for any indirect, special, incidental, consequential,
exemplary, or punitive loss or damage of any kind, including lost profits.
With regard to any allegation, claim, or dispute related to use of 1-800-COLLECT® service, including, but not
limited to, claims for credits for interruptions, the liability of NOS/SBS will be limited to the charges that NOS/SBS assessed
for placing the call.
YOU AND NOS/SBS BOTH AGREE THAT YOU WILL RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING AND
FINAL ARBITRATION INSTEAD OF THROUGH COURT PROCEEDINGS. YOU AND NOS/SBS HEREBY WAIVE YOUR RIGHT
TO A JURY TRIAL OF ANY DISPUTE BETWEEN US. NEITHER YOU NOR NOS/SBS MAY BRING ANY REPRESENTATIVE
ACTION, act as a class representative, or participate as a member of a class of claimants with respect to any dispute or claim BETWEEN US.
As used in this arbitration agreement and waiver, references to "NOS"/"SBS" and "you" include NOS's/SBS's and your respective subsidiaries,
affiliates agents, employees, predecessors in interest, successors, and assigns. You and NOS/SBS intend that this agreement to arbitrate
and class action waiver will be interpreted broadly, and will encompass all disputes between you and NOS/SBS, including, but not
(A) Claims that relate in any way to the relationship between you and NOS/SBS (regardless as to whether the dispute is based in
contract, tort statute, fraud, misrepresentation, or any other legal or equitable theory);
(B) Claims that arose before these Terms or any prior Terms, including, but not limited to, claims arising out of or related to
(C) Claims that may arise after the termination of these Terms; and
(D) Claims that are currently the subject of purported class action litigation in which no class has been certified.
This arbitration agreement does not preclude you from raising issues with federal, state, or local government agencies, such as the
Federal Communications Commission. Such agencies can, if the law allows, seek relief against NOS/SBS on your behalf. This arbitration
agreement similarly does not preclude you or NOS/SBS from seeking temporary equitable relief in any court of competent jurisdiction.
Finally, this arbitration does not preclude you or NOS/SBS from bringing qualifying claims in small claims court.
Arbitration of any dispute or claim between you and NOS/SBS must be initiated within one year of the date on which the basis for the
dispute or claim first arises. To initiate arbitration, you or NOS/SBS must submit a claim either to the American Arbitration Association
("AAA") at AAA Central Case Management Center, 13455 Noel Road, Suite 1750, Dallas, TX 75240-6636 or to JAMS ("JAMS") at
1101 17th St., NW, Suite 808, Washington, D.C. 20036, for final and binding arbitration, with notice to the other party by
certified mail. Notice to NOS should be sent to: 119 W. Tyler St., Suite 260, Longview, Texas 75601. Notice to NOS/SBS should be sent to: 12526 High Bluff Dr, Suite 300, San Diego, CA 92130. For more information
regarding AAA or JAMS, you may visit their respective web sites at http://www.adr.org/ or http://www.jamsadr.com/.
These Terms evidence a transaction in interstate commerce, and thus any arbitration will be conducted in accordance with the
Federal Arbitration Act, 9 U.S.C. §§ 1-16 et seq. ("FAA"). If AAA is chosen, the arbitration will be conducted under the AAA
Arbitration Rules for the Resolution of Consumer-Related Disputes Commercial Arbitration Rules ("AAA Rules") or if JAMS is chosen,
the arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"), as such rules are
in effect on the date of commencement of the arbitration and as such rules are modified by these Terms. The arbitration will be
conducted by a single arbitrator, to be chosen jointly by you and NOS/SBS, who will determine all issues, including any controversy
over whether an issue is arbitrable in the firs instance. Unless you and NOS/SBS agree otherwise, the arbitrator may not join your
claim(s) or NOS's/SBS's claim(s) with any other claim, and may not preside over any representative or class proceedings.
For any arbitration in which you claim less than $10,000, NOS/SBS will reimburse you for the cost of your filing fee with AAA or
JAMS and will directly pay all of the AAA's or JAMS's other costs and fees. For claims between $10,000 and $75,000, you will pay
any filing fee required by he AAA or JAMS, and NOS/SBS will pay all of the AAA's or JAMS's other costs and fees. If you bring
claims between $10,000 and $75,000 and cannot afford to pay the filing fee, NOS/SBS will pay the fee directly on your
behalf upon written notice from you. If, however, the arbitrator determines that any claim brought by you is
frivolous, then payment of the AAA's or JAMS's costs and fees will be governed by the AAA Rules or the JAMS rules. Furthermore, if the arbitrator determines that your claims are frivolous, you agree to reimburse NOS/SBS for any
costs or fees that it paid that otherwise would have been your responsibility under the AAA Rules or the JAMS Rules. If you bring a claim for greater than $75,000 payment of fees and other costs to the AAA or to JAMS will be governed
by the AAA Rules or the JAMS Rules. Except to the extent authorized by statute and awarded by the arbitrator, each party will bear the cost of preparing and presenting its own case.
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. If you elect another arbitration process, you must pay your allocated
share of any higher administrative fees and costs for the process you select. Any in-person arbitration proceedings will be
held within fifty (50) miles of the location at which the call giving rise to the dispute was placed, or at a location otherwise selected
by the AAA or JAMS.
In issuing any award, the arbitrator shall issue a written decision that is sufficiently detailed to inform both you and NOS/SBS of the
reasons for his or her decision. The arbitrator may award declaratory or injunctive relief only in favor of the individual party
seeking relief and only as necessary to provide the relief warranted by that party's individual claim. Any award may be confirmed
and enforced in any court of competent jurisdiction. All post-award proceedings will be governed by the FAA.
You may not modify or assign these Terms. In its sole discretion and without notice to you, NOS/SBS may modify and assign these
No waiver of these Terms is valid.
These Terms are binding upon you and NOS/SBS and upon, respectively, your and NOS's/SBS's agents and heirs. If any part or provision of
these Terms is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, then
that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the
remaining parts or provisions of these Terms.
These Terms are governed by and construed under the laws of the State of New York and applicable federal law, without regard to
choice of law principles.
* VOIP (Voice over IP) – includes VOIP lines and landlines denied by LIDB (line range database).
marks contained herein are trademarks of 1-800-COLLECT Intellectual Property and/or 1-800-COLLECT affiliated companies.
|Terms & Conditions|