AMARBILL.COM BETA TERMS AND CONDITIONS FOR MOBILE AIRTIME TOP UP SERVICE


Last Updated: April 21st, 2012

amarbill.com provides the Online Top Up Public Service at http://www.amarbill.com(the "Site", and collectively, the "Service"). The following terms and conditions ("Terms of Service") constitute a binding agreement between you ("you" or "Purchaser") and amarbill.com for the use of amarbill.com 's Mobile Top-Up Public Service. Subject to these Terms of Service, the Service enables you to load Mobile Airtime to any subscriber's ("Recipient") mobile number registered in Bangladesh.

All logos used in this site are relevant trademarks of the respected organizations.  

By accepting these Terms of Service, you agree that these Terms of Service and amarbill.com's Privacy Policy will apply whenever you use the Service, or when you use any tools we make available to interact with the Service. Some sites, services, and tools made accessible to you through the Service may have additional or other terms that those third parties impose on you when you use those sites, services, or tools. 

By registering for the Service and/or purchasing a Top-Up, you agree to the following:

  1. AGREEMENT. This Agreement will be effective as of the date of your acceptance thereof and will remain effective until terminated by either party as set forth in these Terms and Conditions of Service.
  2. TERMS AND CONDITIONS. The following terms and conditions will apply to use of the Service:
    1. PUBLIC SERVICE. You understand and acknowledge that the Service is being provided as a “Public Service”, and is made available on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing amarbill.com with feedback on the quality and usability of the Service. The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. amarbill.com strongly encourages you to back-up all data and information on your device and any peripherals prior to using the Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, amarbill.com is not obligated to provide any maintenance, technical or other support for the Service.
    2. CHANGE OF SERVICE. amarbill.com reserves the right to modify, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, amarbill.com may provide notice of any such changes to the Service by posting them on its websites and/or via the Service. You agree that amarbill.com shall not be liable to you or any third party for any modification or cessation of the Service. You acknowledge that amarbill.com has no express or implied obligation to provide, or continue to provide, the Service, or any part thereof, now or in the future; and in addition, amarbill.com may at any time, upon prior notice as required by applicable law, institute charges or fees for the Service.
    3. FEEDBACK. As part of using the Service, amarbill.com will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Service. You agree that in the absence of a separate written agreement to the contrary, amarbill.com will be free to use any feedback you provide for any purpose.
    4. LEGAL AGE. You must be at least of legal age to form a binding contract with amarbill.com to use the Service.
    5. PURCHASE. Purchase must originate In Bangladesh.
    6. 6. TRANSACTION LIMITS. The maximum number of Top-Up transactions you may perform in a "Day" is ten (10) transactions for an aggregate amount of One Thousand Taka for Pre-paid connection (1,000) and Five Thousand Taka (10,000) for Post-paid connection. In addition, the Recipient may only receive Mobile Airtime equivalent to respective amount through this Service in a Day. For purposes herein, the term Day is defined as the time period between 00:01 BST to 23:59 BST.
    7. ACCESS TO YOUR ACCOUNT. You acknowledge and agree that amarbill.com may access, use, preserve and/or disclose your account information if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms and Conditions, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of amarbill.com, its users or the public as required or permitted by law.
    8. USE OF THE SERVICE. Subject to these conditions, you may use the Service to purchase a Top-Up as follows: (i) Use and follow the step-by-step transaction process to initiate a Top-Up; (ii) After you place the order and the transaction is successfully processed, the Recipient will be informed that his or her pre-paid or post-paid mobile account has received a Top-Up; (iii) Recipient's pre-paid/post-paid mobile account will receive the Top-Up you ordered; and (iv) You will receive an SMS confirmation of the requested Top-Up.
    9. PAYMENT METHOD. Payment is authorized at the time you place the order. Unless otherwise changed by amarbill.com, you may use only the following payment methods:
      1. 10.1 Credit Cards and Debit Cards accepted by EasyPayWay, including VISA, MasterCard, DBBL Nexus and BRAC Bank ATM etc.
    10. TERMINATION OF SERVICE. We reserve the right to suspend or terminate your ability to use the Service or perform a Top-Up as a result of any unpaid balance.
  3. NOT TELCOMMUNICATION SERVICE. amarbill.com is not your or the Recipient's telecommunications services provider nor a utility. The telecommunications services that the operators provide are separate from the Service that amarbill.com are providing you in these Terms of Service. amarbill.com is simply offering you a convenient service through which you can add a Top-Up to Recipients as described above.
  4. PAYMENT PROCESSOR. The payment processor for the purchase of a Top-Up through this Service is your bank. While amarbill.com will not have access to the credit card or payment information that you submit directly to your bank (including information relating to your account), the information you submit to the bank must meet their requirements in order for them to notify us that we can proceed in processing a requested Top-Up. You agree that amarbill.com is not responsible for any information that you submit to them and that such payment processor shall be solely responsible for collecting, storing, using, and transmitting the information that you submit to them directly in accordance with your use of the bank's service.
  5. WARRANTIES AND LIMITATIONS OF LIABILITY
    1. Subject to the terms and conditions of the Terms of Service, amarbill.com warrants that it will use good faith efforts in performing its obligations herein.
    2. AMARBILL.COM (INCLUDING ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, VENDORS, AND CONTRACTORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS) DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME AMARBILL.COM MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
    3. IN NO CASE SHALL AMARBILL.COM (INCLUDING ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, VENDORS, AND CONTRACTORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICE OR PURCHASE OR USE OF ANY TOP-UP, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE SERVICE OR ANY TOP-UP MADE AVAILABLE BY AMARBILL.COM, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY MATERIAL RELATING TO THEM, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THEIR USE OR PURCHASE, EVEN IF ADVISED OF THEIR POSSIBILITY.
    4. YOU ACKNOWLEDGE AND AGREE THAT AMARBILL.COM HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND AMARBILL.COM. YOU ACKNOWLEDGE AND AGREE THAT AMARBILL.COM WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
    5. AMARBILL.COM DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND AMARBILL.COM DISCLAIMS ANY LIABILITY RELATING THERETO.
    6. AMARBILL.COMAND SHALL USE GOOD FAITH EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND AMARBILL.COM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
    7. INDEMNIFICATION. BY USING THE SERVICE OR PURCHASING A TOP-UP, YOU AGREE TO INDEMNIFY AND HOLD AMARBILL.COM(INCLUDING ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, VENDORS, CONTRACTORS, AND LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS) HARMLESS FROM ANY LIABILITY, LOSSES, AND DAMAGES IN CONNECTION WITH ANY ACTIONS OR CLAIMS ARISING OUT OF ANY DISCLOSURES, OR LACK THEREOF, RELATING TO THE TOP-UP, THE PERFORMANCE OF THE MOBILE OPERATOR IN THE PROVISION OF ITS TELECOMMUNICATIONS SERVICES, OR THE APPLICABLE SUBSCRIBER AGREEMENT BETWEEN THE RECIPIENT AND THE MOBILE OPERATOR. YOU FURTHER AGREE TO INDEMNIFY AND HOLD AMARBILL.COM(INCLUDING ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, VENDORS, CONTRACTORS, AND LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS) HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE OR TRANSACTION FOR A TOP-UP, OR ANY ACTION TAKEN BY AMARBILL.COM AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR APPLICABLE LAW, OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM AMARBILL.COM(INCLUDING ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, VENDORS, CONTRACTORS, AND LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS) OR SSL WIRELESS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY TRANSACTION, INFORMATION OR REQUESTS, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF AMARBILL.COM'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED OR IS LIKELY TO OCCUR. THE WAIVER AND INDEMNITY PROVISIONS IN THESE TERMS OF SERVICE APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT. FOR CLARITY, THIS INDEMNIFICATION OBLIGATION EXTENDS TO CLAIMS OR LEGAL PROCEEDINGS BROUGHT AGAINST OR THREATENED AGAINST AMARBILL.COM, SSL WIRELESS, OR ANY INDEMNITEES MENTIONED HEREIN (BY WAY OF EXAMPLE ONLY AND IN NO WAY LIMITING) IN RESPECT OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ILLEGAL CONDUCT OR HARMFUL ACTIVITES, AND/OR THE MISUSE OF THE SERVICE THROUGH YOUR AMARBILL.COM ACCOUNT AND PASSWORD.
  6. DISPUTE RESOLUTION. If a dispute arises between you and amarbill.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Before resorting to these a lawsuit, we strongly encourage you to first contact us directly to seek a resolution by writing to us at support@amarbill.com or our Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
  7. LAW AND FORUM FOR LEGAL DISPUTES. These Terms of Service shall be governed in all respects by the laws of the People's Republic of Bangladesh as they apply to agreements entered into and to be performed entirely within Bangladesh between Bangladeshi residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against amarbill.com must be resolved exclusively by a supreme court located in Dhaka, Bangladesh, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Dhaka city, Bangladesh for the purpose of litigating all such claims or disputes.
  8. IMPROPERLY FILED CLAIMS. All claims you bring against amarbill.com must be resolved in accordance with this Dispute Resolution Section. All claims filed or brought contrary to the Dispute Resolution Section shall be considered improperly filed. Should you file a claim contrary to the Dispute Resolution Section, amarbill.com may recover attorneys' fees and costs up to 10000 Tk, provided that amarbill.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
  9. USE OF ELECTRONIC SIGNATURE. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By clicking on the checkbox next to “I agree to the Terms of Service” before completing your purchase, you agree to be legally bound by the Terms and Conditions of Service. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature or any agreements between you and amarbill.com.
  10. NO ASSIGNMENT. You may not assign these Terms of Service and your license to use the Service to anyone. amarbill.com may freely assign these Terms of Service without restriction.
  11. NOTICE. amarbill.com may send you notice with respect to the Service or Top-Up by any method, including by sending an email message to the email address listed in your amarbill.com Account contact information, by sending a text message to the mobile phone number listed in your amarbill.com Account contact information, by sending a letter via postal mail to the contact address listed in your amarbill.com Account contact information, or by a posting on our Site. Notices are effective immediately as of the time of their sending.
  12. FORCE MAJEURE. amarbill.com will not be responsible for failures or delays to fulfill any obligations due to causes beyond its control, including in connection with events or circumstances impacting its subsidiaries, affiliates, service providers, vendors, contractors, and licensors.
  13. MODIFICATIONS. amarbill.com reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify these Terms of Service and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as "Additional Terms") will be effective immediately and incorporated into the Terms of Service. Notwithstanding the preceding two sentences, a) in the event any such Additional Terms materially alters your rights hereunder, we will attempt to notify you such as through a message sent to the email address you provided upon registration or a popup window when you log in to the Site, b) such modified Terms will be effective upon the earlier of your use of the Service with actual knowledge of the changes or thirty days after the changes are posted to the Site, and c) no modifications to these Terms will apply to any dispute between you and amarbill.com that arose prior to the date of such modification. Your continued use of the Service following the posting of the Additional Terms will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
  14. ENTIRE AGREEMENT. These Terms of Service constitute the entire agreement between you and amarbill.com and govern your use of the Service and Top-Up transaction, superseding any prior agreements between you and amarbill.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
  15. SEVERABILITY. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
  16. NO WAIVER. amarbill.com's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service.
  17. HEADINGS. The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof.
  18. EasyAccount. The services here under are offered by amarbill.com. EasyAccount service charge is 1%. Any Customer can deposit a amount in EasyAccount By Bank Transafer, Western Union or Moneygram. This deposit amount is non-refundable. By deposit the amount customer buying airtime balance. After payment the airtime balance will be available under his account within 24 Business Hour. EasyAccount Push-Pull SMS service charge will be applicable from the reguler sms charges. EasyAccount Security: Any password and/or secret codes used for using services provided by Amarbill.com are for your personal use and you are requested not to share these passwords and/or security codes with anybody else. You agree that it is your responsibility to keep these passwords and/or security codes confidential and you will be responsible for any act and/or statements originated from the misuse of these passwords and/or security codes. You agree to inform Amarbill.com in the event of loss or theft of these passwords and/or security codes or misuse in any manner.
  19. CONTACT US. The services hereunder are offered by amarbill.com. If you experience difficulties in using the Service, please contact amarbill.com at: support@amarbill.com. You may also contact us via direct mail at:


amarbill.com 
Email: support@amarbill.com
Dhaka, Bangladesh

Amarbill.com Promise: 24x7 care

24/7 Technical and Monitoring SupportAt www.amarbill.com your trust is foremost. Your money is yours unless you have received your recharge. Any help, any issue, any suggestion, we are available on support@amarbill.com seven days a week. That's our promise! You can also refer to our Frequently Asked Questions (FAQs) page to get instant answers to some common customer issues.

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