Terms of Service [Updated on April 29th 2009]

YOU MUST READ THESE TERMS AND CONDITIONS BEFORE USING THIS SITE. Once you use the telecom service "VirtualGlobalPhone" of VIGIL INC (Hong Kong) Ltd. , you are agreeing to be bound by the terms and conditions stated herein.

OUR MONEY BACK GUARANTEE:

VirtualGlobalPhone offers a hassle free 30-day money back guarantee from the date of activation of your Service. The money back guarantee applies only to the first-ordered phone line, not to additional or secondary lines. Under the terms of the Money-Back Guarantee, VirtualGlobalPhone will refund the monthly charge for the first month of Service provided that:
1. If the number allocated is not working more than 3 days and you have not exceeded 25 minutes of in-plan usage;
2. You have not previously exercised the VirtualGlobalPhone 30-day money back guarantee or obtained a refund from VirtualGlobalPhone as a result of any other VirtualGlobalPhone account;
3. After the initial month; If the number remains out of service which may be for whatever reason for a period extending for more than 3 days in a row, in this case Vigil INC LTD will not charge the Plan charge for that monthly billing cycle.
4. Calls sent to your Forwarding Number will be charged even if you are not able to hear the calling party, however it may be given a Credit Against at the discretion of The Customer Service agent.
5. Any and all complaints must be made via online ticketing system, and can not be issued credit of without making a ticket on the web.

MEMBERS / ACCOUNT HOLDER OF MONEYBOOKERS:

VirtualGlobalPhone accept payment from Moneybookers; if during the period any cancellation / refund is applied the charge back will be levied back to customer..

CARRY FORWARD LEFT OVER MINUTES TO NEXT MONTH:

VirtualGlobalPhone allows customer to carry forward left over minutes to next month. Fund equal to the number of free talk time carried over is not refundable at the time of cancellation for the service any time or used for next month plan charges.

FAIR USE POLICY

VirtualGlobalPhone reserve the right to terminate or revoke this money back guarantee , Carry forward and Fair Use Policy at any time, without prior notice. The Money Back Guarantee or "Carry forward" or "Fair Use Policy" will not be honored if the Customer fails to meet all above requirements.

This agreement ("Agreement") is between VirtualGlobalPhone ("we," "us", "VIGIL INC LTD", or " VirtualGlobalPhone ") and the user ("you," "user" or "Customer") of VirtualGlobalPhone which is a Retail Telecom service of Vigil Inc. (Hong Kong) Ltd. and any related services ("Service"). BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, THAT YOU ARE OF LEGAL AGE, AND THAT YOU AGREE TO BE BOUND BY ALL TERMS HEREIN. IF YOU HAVE NOT READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, AND DO NOT AGREE TO BE BOUND BY ITS TERMS, DO NOT USE THE SERVICES. YOU WILL BE BILLED FOR, AND RESPONSIBLE FOR PAYMENT FOR, ANY SERVICES YOU USE.

1. SERVICE

1.1 Term
Service is offered on a monthly basis for a term which begins on the date that VirtualGlobalPhone activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give VirtualGlobalPhone written e-mail notice of non-renewal at least four (4) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a term, you will be responsible for the full term's charges to the end of the then-current term, including without limitation unbilled charges, plus a disconnect fee if applicable under the terms of this Agreement, all of which immediately become due, payable, and chargeable to your paypal / Moneybooker. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges.

1.2.1 Usage
If you have subscribed to VirtualGlobalPhone's services, the Service is provided to you as a single usage user plan, for your own personal, residential, business use.

1.3 Prohibited Uses of Service
You agree to use the Service only for lawful purposes. You agree not to use the Service for any unlawful purpose, including for example, using the Service in a way that: (1) interferes with our ability to provide Service to you or other customers; or, (2) avoids your obligation to pay for the Services. You also agree not to use the Service for transmitting or receiving any communication or material of any kind which would: (1) constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law, or, (2) encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. VirtualGlobalPhone reserves the right to terminate the Service immediately and without advance notice if VirtualGlobalPhone, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full charges applicable to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due, payable and chargeable to your credit card. If VirtualGlobalPhone, in its sole discretion believes that you have violated the above restrictions, VirtualGlobalPhone may forward the objectionable material, as well as your communications with VirtualGlobalPhone and your personally identifiable information to the appropriate authorities for investigation and prosecution, and by using the Service you thereby consent to such forwarding.

1.4 Use of Service by Customers Outside the Hong Kong
VirtualGlobalPhone allows use of the Service inside or outside of the Hong Kong. However, if you use it outside the Hong Kong you do so at your own risk, including but not limited to the risk that such activity violates the laws of the country where you do so, and/or violates the export laws of the Hong Kong and/or the import laws of that other country.

1.7 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service and all Services, information, documents and materials, including promotional or website language and all content on VirtualGlobalPhone 's website(s) are protected by trademark, copyright and/or other intellectual property laws and international treaty provisions and constitute private and/or confidential and/or the valued competitive business information of VirtualGlobalPhone. All websites, corporate names, service marks, trademarks, trade names, logos, domain names and content (collectively "Marks") of VirtualGlobalPhone are and shall remain the exclusive property of VirtualGlobalPhone and nothing in this Agreement shall grant you the right or license to use such marks. You may not modify, reverse-engineer, disassemble, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in electronic, mechanical or other means, or in any other manner publish, transmit, use, sell, exploit, and/or create new works from the content of VirtualGlobalPhone 's website, its marks or its Services.

1.9 Theft of Service or Device
You agree to notify VirtualGlobalPhone immediately, in writing or by calling the VirtualGlobalPhone customer support line, if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service including all stolen Service or fraudulent use of the Service.

1.11 Service Distinctions
You acknowledge and understand that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by VirtualGlobalPhone. Some, but not all, of these distinctions are described in this Agreement. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Hong Kong telecommunications regulatory agencies or judicial forums.

1.12 Service Changes
VirtualGlobalPhone may discontinue, change or suspend any aspect of its site and/or its service features at any time without notice or liability.

1.13 Incoming only service on your existing PSTN / GSM phone line
The Service allows only to receive calls and you may not be able to make outgoing call using the same phone line.

1.14 No Operator Service
The Service does not support calls to operator services.

1.15 No Collect Calls
The Service does not support collect calls.

1.16 Do Not Call Laws
VIGIL Buyer / Customer is aware of Do Not Call laws and agrees to take the responsibility to comply with them. Some information regarding Do Not Call in the USA is at http://www.ftc.gov/opa/2008/04/dncfyi.shtm, in UK is at http://www.tpsonline.org.uk/tps/, and in Canada is at http://en.wikipedia.org/wiki/Canadian_Do_Not_Call_List. This is not all inclusive and is the responsibility of the VirtualGlobalPhone Buyer / Customer to know and comply.

1.17 Vigil Inc Ltd does not exercise powers upon the acts of Service Providers/ Vendors, therefore if any Service Provider/Vendor changes the number which it has provided, VIGIL will not charge the Customer for that number for that month. In any case VIGIL will not be held responsible for any additional costs that the Customer may incur in the form of damages or any other costs incurred due to the change of the phone number by the Service Provider/Vendor.

2. INDEMNIFICATION
THE TERM "VIRTUALGLOBALPHONE OR VIGIL INC. (Hong Kong) LTD." AS USED IN THIS SECTION SHALL MEAN US AND ALL OUR AFFILIATES (INCLUDING PARENT COMPANY, SUBSIDIARIES, SISTER COMPANIES, DBA'S AND ALL CORPORATE AFFILIATES), EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE.

YOU ARE LIABLE FOR ANY AND ALL USE OF THE SERVICE BY YOURSELF AND BY ANY PERSON MAKING USE OF THE SERVICE, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS VIRTUALGLOBALPHONE OR VIGIL INC (HONG KONG) LTD AGAINST ANY AND ALL LIABILITY FOR ANY SUCH USE THAT FAILS TO COMPLY WITH THIS AGREEMENT. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FREECALLPLANET FROM ANY AND ALL CLAIMS AND/OR LIABILITY FOR DAMAGES, PERSONAL INJURY, DEATH, FINES, PENALTIES, COSTS, EXPENSES, LOSSES, LOST PROFIT, LOST REVENUE, PROPERTY DAMAGE, ATTORNEYS' FEES, AND ANY AND ALL OTHER DAMAGES OF WHATEVER KIND AND NATURE RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL SECURITY, THE INABLITY TO MAKE OUTGOING CALL USING THE SAME LINE, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, AND/OR THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE AGREEMENT.

3. LIMITATION OF LIABILITY
THE TERM " VIRTUALGLOBALPHONE OR VIGIL INC. (Hong Kong) LTD." AS USED IN THIS SECTION SHALL MEAN VIRTUALGLOBALPHONE OR VIGIL INC. (Hong Kong) LTD. AND ITS AFFILIATES (INCLUDING PARENT COMPANY, SUBSIDIARIES, SISTER COMPANIES, DBA'S AND ALL CORPORATE AFFILIATES) , EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT.

IN NO EVENT SHALL VIRTUALGLOBALPHONE OR VIGIL INC. (Hong Kong) LTD. BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICE, THE INABILITY TO DIAL TO ACCESS EMERGENCY SERVICE PERSONNEL, THE INABILITY TO DIAL SECURITY, LAW ENFORCEMENT OR FIRE PREVENTION/ PROTECTION SERVICES OR SYSTEMS, AND/OR THIS AGREEMENT. NOR SHALL VIRTUALGLOBALPHONE OR VIGIL INC. (Hong Kong) LTD. BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING OUTGOING SERVICE USING THE SAME PHONE LINE, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY ANY REASON INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE OR UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO VIRTUALGLOBALPHONE OR VIGIL INC. (Hong Kong) LTD. OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND VIRTUALGLOBALPHONE'S OR VIGIL INC. (Hong Kong) LTD. CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED, OR DEGRADATION OF VOICE QUALITY. VIRTUALGLOBALPHONE OR VIGIL INC. (Hong Kong) LTD. SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO VIRTUALGLOBALPHONE'S OR VIGIL INC. (Hong Kong) LTD. OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF VIRTUALGLOBALPHONE'S OR VIGIL INC. (Hong Kong) LTD. NEGLIGENCE OR OTHER ACTS OR OMISSIONS. VIRTUALGLOBALPHONE'S OR VIGIL INC. (Hong Kong) LTD. LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, AND ANY AND ALL OTHER THEORIES OF LIABILITY, AND APPLY WHETHER OR NOT VIRTUALGLOBALPHONE OR VIGIL INC. (Hong Kong) LTD. WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE VIRTUALGLOBALPHONE OR VIGIL INC. (Hong Kong) LTD. FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS' FEES AND COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST FREECALLPLANET TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW. THIS SECTION SHALL SURVIVE THE AGREEMENT.

4. WARRANTIES
THE TERM " VIRTUALGLOBALPHONE OR VIGIL INC. (Hong Kong) LTD." AS USED IN THIS SECTION SHALL MEAN VIRTUALGLOBALPHONE OR VIGIL INC. (Hong Kong) LTD. AND ITS AFFILIATES (INCLUDING PARENT COMPANY, SUBSIDIARIES, SISTER COMPANIES, DBA'S AND ALL CORPORATE AFFILIATES), EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE.

VIRTUALGLOBALPHONE OR VIGIL INC. (Hong Kong) LTD. MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. VIRTUALGLOBALPHONE OR VIGIL INC. (Hong Kong) LTD. DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. FREECALLPLANET DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. CUSTOMER AGREES THAT IT ACCEPTS SERVICES HEREUNDER "AS IS" AND THAT CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT. YOU ASSUME RESPONSIBILTY FOR ANY AND ALL USES OF THE SERVICE. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST FREECALLPLANET TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.

5. CHANGES TO THIS AGREEMENT
VirtualGlobalPhone may change the terms and conditions of this Agreement from time to time. Changes to this Agreement supersede all previously agreed to electronic and written Terms and Conditions. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, AND/OR TERMS AND CONDITIONS HAVE BEEN MADE, YOU AGREE TO THE CHANGES. Notices will be considered given and effective on the date posted on the VirtualGlobalPhone website at www. VirtualGlobalPhone.com

6. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION

6.1 Billing
VirtualGlobalPhone support both Paypal and Moneybooker. Customer may be charged for any cancellation if requried.

6.2 Billing Disputes
Notification of all billing disputes shall be sent to the following email address:
billing@ VirtualGlobalPhone.com

6.3 Payment
VirtualGlobalPhone accepts payments by paypal, moneybooker, wire transfer (More than 500 US) and prepay card. Your initial use of the Service authorizes VirtualGlobalPhone to charge all amounts due VirtualGlobalPhone as stated in the Agreement on the paypal / moneybooker account on file with VirtualGlobalPhone. VirtualGlobalPhone may terminate your Service at any time, in its sole discretion, if any charge to your paypal or moneybooker on file with VirtualGlobalPhone is declined or reversed, if your paypal or moneybooker expires and you have not provided VirtualGlobalPhone with a new valid and approved paypal or moneybooker account, or in case of any other non-payment of account charges. Termination of Service for a declined or expired paypal or moneybooker, reversed charges or non-payment leaves you fully liable to VirtualGlobalPhone for all charges accrued before termination and for costs incurred by VirtualGlobalPhone to collect all monies owed by Customer, such as (but not limited to) collection costs VirtualGlobalPhone may make billing adjustments for the Service retroactively for a period of one hundred eighty (180) calendar days after the date a Service is rendered if they are made within two (2) months of VirtualGlobalPhone's receipt of any invoice for the payment of additional fees and charges imposed by law.

6.4 Termination/Discontinuance of Service
VirtualGlobalPhone reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If VirtualGlobalPhone discontinues providing the Service generally, or terminates or suspends your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated or suspended for any stated reason, including without limitation violation of any terms of this Agreement or because of any improper use of our Service (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of VirtualGlobalPhone or of a third party provider to which VirtualGlobalPhone is subject), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee if applicable, all of which immediately become due, payable and chargeable to your credit card.

6.5 Reactivation/Continuance of Service
If your suspended account's Service is resumed because you cured the violation, you will not receive a credit or refund for the period during which the Service was suspended or limited.

6.6 Money Back Guarantee; Limitations and Conditions.
VirtualGlobalPhone offers a hassle free 30-day money back guarantee from the date of activation of your Service. The money back guarantee applies only to the first-ordered phone line, not to additional or secondary lines. Under the terms of the Money-Back Guarantee, VirtualGlobalPhone will refund the monthly charge for the first month of Service provided that:
1. If the number allocated is not working more than 3 days and you have not exceeded 25 minutes of in-plan usage;
2. You cancel your Service within the applicable period; and,
3. You have not previously exercised the VirtualGlobalPhone 30-day money back guarantee and obtained a refund from VirtualGlobalPhone as a result of any other VirtualGlobalPhone account: and,.
4. After the initial month; If the number remains out of service which may be for whatever reason for a period extending for more than 3 days in a row, in this case Vigil INC LTD will not charge the Plan charge for that monthly billing cycle.
5. Calls sent to your Forwarding Number will be charged even if you are not able to hear the calling party, however it may be given a Credit Against at the disgresion of The Customer Service agent.
6. Any and all complaints must be made via online ticketing system, and can not be issued credit of without making a ticket on the web.

6.7 Taxes
Customer is responsible for, and shall pay any applicable Hong Kong, state, municipal, local or other governmental sales, use, excise, Universal Service Fees, value-added, personal property, public utility and other taxes, fees and charges now in force or enacted in the future, that arise from or as a result of Customer's subscription or use or payment for the Service. Such amounts are in addition to payment for the Service and will be billed to your credit card. If Customer is exempt from payment of such taxes, it will provide VirtualGlobalPhone with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date VirtualGlobalPhone receives such certificate.

7. CONTENT
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. VirtualGlobalPhone reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if VirtualGlobalPhone determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with VirtualGlobalPhone's ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. VirtualGlobalPhone 's actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold harmless VirtualGlobalPhone against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service.

8. RESOLUTION OF DISPUTES BY BINDING ARBITRATION
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF BY A JUDGE, JURY, OR CLASS ACTION LAWSUIT.

8.1 Mandatory Binding Arbitration
All disputes arising out of or related to this Agreement (directly and/or indirectly) and/or the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) must be resolved by final and binding arbitration. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Resolution of Disputes by Binding Arbitration Section is determined to be unenforceable, then the remainder shall be given full force and effect. The arbitration of any dispute shall be conducted in accordance with the Hong Kong laws for Consumer-Related Disputes. To the extent that such procedures differ from this Agreement, this Agreement shall govern to the fullest extent permitted by law. You have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.

NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES. YOU AND VIRTUALGLOBALPHONE BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT. In the event that a dispute arises out of this Agreement, the prevailing party shall be entitled to its reasonable expenses, including attorney's fees, regardless of whether in-house or outside counsel is employed. If in-house counsel is employed, billing shall be at the rate of $350.00 per hour and billed in six-minute increments.

8.2 Arbitration Information and Filing Procedure
Before you take a dispute to arbitration or to small claims court, you must first write to us at:

VIGIL INC. LTD.
Unit 703, 7/F., Alliance Commercial Building, 133 Connaught Road C.,
Central, Hong Kong

and give us an opportunity to resolve the dispute. Similarly, before VirtualGlobalPhone takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within thirty (30) days from the date you or VirtualGlobalPhone is notified by the other of a dispute, then either party may contact the Hong Kong Concerned Government department in writing and request arbitration of the dispute. The arbitration will be based only on written submissions of the parties and the documents submitted to the Hong Kong Concerned Government department relating to the dispute, unless either party requests that the arbitration be conducted using the Hong Kong Concerned Government department telephonic, online, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location the Hong Kong Concerned Government department selects in Hong Kong. Arbitrations under this Agreement shall be confidential as permitted by Hong Kong law. However, by filing for arbitration, you may elect to relieve both parties to the arbitration of confidentiality obligations.

8.3 Time for Filing Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed with the Hong Kong Concerned Government department within one year after such claim or cause of action arose or be forever barred.

9. GOVERNING LAW
This Agreement and the relationship between you and VirtualGlobalPhone shall be governed by the laws of the Hong Kong without regard to its conflict of law provisions.

10. ENTIRE AGREEMENT
This Agreement and any modifications to it pursuant to terms hereunder (which may occur at any time and without notice), and the rates for Services found on VirtualGlobalPhone's website, constitute the entire agreement between you and VirtualGlobalPhone and govern your use of the Service, superseding any prior agreements between you and VirtualGlobalPhone and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

11. SEVERABILITY
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

12. PRIVACY
VirtualGlobalPhone Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. You acknowledge and understand that VirtualGlobalPhone cannot guarantee that communication service is completely secure. You agree that VirtualGlobalPhone may access all features of your account and the Services to determine whether the Services are being used fraudulently and/or in violation of this Agreement, and for any other purposes. YOU AGREE THAT VIRTUALGLOBALPHONE SHALL NOT BE LIABLE FOR ANY LACK OF PRIVACY. Please refer to our Privacy Policy at www.VirtualGlobalPhone.com for additional information.

13. ASSIGNMENT
VirtualGlobalPhone may assign all or part of its rights or duties under the Agreement without notifying you. If we do that, we have no further obligation to you. You may not assign the Agreement or the Service without our prior written agreement.

14. NO THIRD PARTY RIGHTS
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

15. SURVIVAL
The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations and disclaimers, resolution of disputes, billings and your obligation to pay for the Service provided and any additional usage charges, shall survive the termination of the Agreement and the termination of the Service.

Last Updated: April 03, 2009