The following Terms and Conditions apply to Babatel provision of long distance products and services (Direct Dial, and Hello Bolo), websites (Babatel.ca, and Hellobolo.ca) and sets out the basic rights, obligations and limitations of Babatel to its Reseller(s) (Distributors, Sub-Distributors, Store Reseller, Agents, and Sub-Agents). All of the terms and conditions contained herein bind both Babatel and the User and are subject to change from time to time at the sole discretion of Babatel.
Reseller(s) (Distributors, Sub-Distributors, Store Reseller, Agents, and Sub-Agents) agree that all of the confidential information including but not limited to customer’s name, email address, contact number and call detail contained in this website is and shall continue to be the exclusive property of Babatel. Reseller (s) agree that Reseller (s) shall not, at any time how so ever following the execution of this Agreement, to share or disclose in any manner any confidential information of Babatel and (Babatel Portal, Access information and End User information) to third party without written consent by Babatel.
The information and services included within may include inaccuracies or typographical errors. Changes are periodically made to the product or services and to the Terms and Conditions.
Reseller(s) will indemnify and hold Babatel and its employees, affiliates, representatives and other agents harmless from all claims, damages, and expenses (including, without limitation, all legal fees, costs and damages) that relate directly or indirectly to the development, service, operation, maintenance, and contents of AGENT's Portal.
Reseller(s) agrees to comply with all of their obligations as stated in this Agreement. Reseller(s) shall Sell Babatel Services as outlined in agreement. The portal will contain a unique source identity code, which will be used to track users by Reseller(s). Reseller(s) will be responsible for incorporating this portal link in a very prominent manner and ensuring that this Website link is operating properly.
Reseller(s) agrees to abide by Babatel Rules of User agreement, including but not limited to, agreeing not to use the Babatel Website and portal for any unlawful purpose.
Reseller(s) shall not use, distribute to, or otherwise disseminate through Babatel material or information of any kind that is libelous, defamatory, obscene, abusive, or otherwise violates any law or infringes or violates any rights of any other person, entity or goods and services.
Babatel reserves the right to change or amend the Term and Conditions or policies regarding the use of the products or services at any time and to notify Reseller(s) by posting an updated version of the Term and Conditions on Agent Portal. The amended Terms and Conditions shall be effective immediately upon posting.
In addition, Reseller(s) acknowledges and agrees that Reseller(s) is responsible for taking the necessary steps and precautions to protect its network, software, data, files, devices and equipment against unauthorized access by employees and outsiders, and that responsibility includes, without limitation, protection against unauthorized access through product and services. Babatel will not be liable for any claims, losses, actions damages, suits or proceedings resulting or otherwise relating to Reseller(s) failure to take appropriate precautions to protect its networks and systems and all software, data, files equipment and material, or against any breach of Reseller(s) security or privacy whatsoever caused.
Reseller(s) agrees not to induce or attempt to influence, directly or indirectly, any Babatel employee, other agents, representatives, affiliates or any other related third party to terminate their relationship with Babatel.
Resellers (Agents and Distributors) are fully responsible for all conducts, actions and omissions taken by other sub-agents and sub-distributors in regards to Babatel products, services and Babatel.ca Agent Portal.
All Payments are prepaid; Direct deposit, pre authorized bank payment and credit card (Visa, Master Card. For credit card recharge transactions a Service Fee (equivalent of 2% of total amount) will may be charged to your credit card. An administration fee of minimum $5.00 will may be charged to the transactions less than $100.00. $45 Fee will be charged to NSF payments. Pre Authorization Payment option is subject to change at sole discretion of Digital Telecom Inc. c/a Babatel. Service is provided by Babatel. Any unauthorized and fraudulent credit card payment is subject to account suspension or cancelation, and is subject to full credit recovery costs including legal fees and costs plus $75 administration fee.
Babatel offers Net Commission to agents, resellers and distributors on long distance and Top up International. On Net Commission system commission amount is calculated with every transaction amount. Commission percentage is determined based on agent`s, reseller and distributor`s weekly and monthly performance and activities. Babatel reserves the right to amend the commission percentage as it periodically evaluates each and every agent`s, reseller`s and distributor`s weekly and monthly performance and activities.
All tax and dues are inclusive in the commission amount
Welcome Rate plan is a promotional offer designed for new customers only. It will allow new customers to experience the many benefits, quality, reliability and service that Babatel offers. On the other hand Reseller (s) can use it as a benefit tool to seek and target potential new customers, and attract those customers by offering discounts on Babatel rates. Special Rate plan will apply after first Thirty days. Rates are subject to change without prior notice at sole discretion of Babatel and are subject to applicable HST.
Top Up International
Top up International recharge is a transfer service allows that agents, resellers and distributors to transfer credit from Canada via securely electronically transfer service to another mobile of a family member or friend in other countries. Top Up International transactions are non-refundable; customer, agent, reseller and /or distributors are responsible to make sure the phone number (digits) of the person receiving the transfer is correct before transferring the credit. For status of a payment, customer, agent, reseller and/or distributor should contact mobile service provider of the individual country where the credit was electronically transferred. Agents, resellers and distributors) will indemnify and hold Babatel and its employees, affiliates, representatives and other agents harmless from all claims, damages, and expenses (including, without limitation, all legal fees, costs and damages) that relate directly or indirectly to all Top Up International Transactions.
Mobile Phone Voucher
Mobile phone voucher is a prepaid recharge PIN number sold to a customer to recharge their mobile SIM card with prepaid credit and to extend the SIM card's activity period. Mobile vouchers are none refundable and any issue and inquiries, not limited to PIN number and credit, should be directed to mobile service provider customer service. Agents, resellers and distributors) will indemnify and hold Babatel and its employees, affiliates, representatives and other agents harmless from all claims, damages, and expenses (including, without limitation, all legal fees, costs and damages) that relate directly or indirectly to all mobile phone voucher purchases.
Babatel.ca makes no express or implied warranties or representations with respect to this Agreement or its Agent Program or any products sold through its Agent Program, including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. Babatel also makes no representation that the operation of the Babatel.ca and Agent Portal will be uninterrupted or error-free. Babatel will not be liable for the consequences of any interruptions or errors.
Babatel may modify the terms and conditions contained in this Agreement at any time at its sole discretion. Babatel will inform Reseller(s) of all modifications either verbally or by posting on Babatel.ca Agent Portal. Reseller(s) continued participation in Babatel’s Agent Program via this Agreement following Babatel’s notice of any modification will constitute binding acceptance of said modification(s) by Reseller(s).
Reseller(s) further agrees to protect the interest of Babatel, its products, services and customers from any harm howsoever caused. Reseller(s) is responsible to keep checking the website from time to time to review the updated information posted on the website.
Reseller(s) has no authority whatsoever, whether implied or actual, to assume or create any obligation or responsibility on behalf of Babatel without Babatel’s prior written authorization.
If Reseller(s) do not comply with this agreement or violates this agreement in full or in part, directly or indirectly, Babatel reserves the right, in its sole discretion, to terminate access to all or part of the Babatel websites with or without notice.
Opportunity to Review and Legal Representation
Reseller(s) hereby warrants and acknowledges that it has received sufficient opportunity to review this Agreement prior to its execution, and Reseller(s) has read and reviewed it to its full satisfaction. Unless otherwise specified herein, this agreement constitutes the entire agreement between Reseller(s) and Babatel with respect to the Babatel.ca Agent Portal and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between Reseller(s) and Babatel with respect to the Babatel.ca Website.