TERMS AND CONDITIONS
Last Modified: September 12, 2023
This user agreement explains the terms and conditions (the “Terms”) that apply to purchases of products and services from Quadrant Distribution LLC d/b/a LATINOTEL and its affiliates (collectively, “LATINOTEL”), including through the LATINOTEL retailer portal, available at https://portal.latinotel.com (the “Portal”). By accessing the Portal, opening an account, purchasing products or using services from LATINOTEL, the retailer and account owner (the “Retailer” or “you”) agrees to these Terms. This is an enforceable legal agreement between you and LATINOTEL. The Terms include a provision for dispute resolution that includes an agreement for arbitration and class action waiver; a Consent to Communications provision which authorizes SMS/text messages to mobile devices and other types of communications for account servicing and collections matters; and a provision whereby LATINOTEL can revise these Terms at any time and you are deemed to have accepted them.
LATINOTEL provides closed loop long distance telephone and top-up (or recharge) service, closed loop prepaid gift cards, and bill pay services. References herein to “cards” are to virtual, not physical, cards.
Access to the Portal. A login and password may be assigned to enable you to access and use certain portions of LATINOTEL. Anyone using the assigned login and password will be regarded as an authorized user in a manner consistent with the Terms. The assigned login and password is the sole responsibility of the customer regardless of whether or not the access and use of LATINOTEL is actually authorized by the account owner. You should not share your credentials with anyone and agree to promptly notify LATINOTEL if you believe your credentials are lost, stolen, or you believe they may be otherwise compromised in any manner. Portal services and support are provided by Logical Telecom, L.P.
Closed Loop Telephone and Top-up Services. For telephone long distance and top-up services, a customer account must be opened with sufficient balance. Acceptable forms of payment include credit card and debit card. The customer account will be credited in real time based on approval of the transaction. All charges incurred will be deducted automatically from the account. Any amounts loaded onto the account are not transferable or refundable. No refunds will be given for returned, expired, lost, damaged, or stolen cards. LATINOTEL reserves the right to collect the full amount due if the form of payment is cancelled, disabled, discontinued or otherwise dishonored after using the service.
All calls from the originating number(s) on the registered account will be charged to the customer account and must be paid in full. Rates and prices associated with calls are subject to change at any time without prior notice. The customer is responsible for any additional fees including but not limited to taxes, regulatory surcharges and access fees associated with the use of service.
Closed Loop Gift Cards. Retailers also may purchase and add funds to closed loop gift cards, which LATINOTEL sells and services through the Portal. The cards offered by LATINOTEL are issued by the retailer or service provider identified on the card, who is the sole obligor to the customer or other user of the cards. LATINOTEL is not the issuer and has no ongoing obligation or liability to redeem or otherwise provide services in connection with the cards.
Bill Pay Services. For bill pay, Retailers may access the Portal and, when doing so, act as an agent on behalf of LATINOTEL and its principals to accept and process payment for utility bills on behalf of Retailer’s customers. LATINOTEL accepts bill payments on the Portal pursuant to contracts with utility companies and as their own agent or sub-agent to allow your customers to pay utility bills that you process through the Portal. Upon successful processing of utility bills through the Portal, those bills are deemed paid by customer given LATINOTEL’s role as agent or sub-agent with the payee utility companies and the customer has no further risk or obligation. However, LATINOTEL and its principals, including the utility companies, bear no responsibility or obligation to Retailer or customers for bills rejected by the Portal or where payment is not accepted or completed for any reason.
Retailer Obligations. Retailer agrees to follow all applicable policies and procedures posted on the Portal or otherwise provided by LATINOTEL. Retailer agrees to only use the scripts, disclosures, and advertising materials provided by LATINOTEL through the Portal or otherwise in offering products and processing payments and purchases through the Portal.
Retailer Representations and Warranties. Retailer represents and warrants that (a) it is duly organized and validly existing under the laws of the jurisdiction in which it was formed; (b) it has all requisite organizational power and authority to perform under these Terms; (c) it will comply with all applicable federal, state, and local law and regulations; (d) it will use commercially reasonable measures to limit fraud and illegal robocall activity in connection with sale of products on and through the Portal; (e) that it will promptly notify LATINOTEL of any suspected fraudulent activity, including any illegal robocall activity, in connection with the Portal and LATINOTEL’s products and services; and (f) it will not infringe any patent, trademark, copyright, or similar proprietary right or intellectual property of LATINOTEL.
Payments. If Retailer fails to pay LATINOTEL amounts due, in addition to all rights and remedies available under the Terms and applicable law, LATINOTEL may at its sole discretion, charge a late payment charge of up to 1.5% per month, subject to limits imposed by applicable law.
Consent to Communications. If we need to contact you to service your account or to collect amounts you owe, you expressly authorize LATINOTEL and our affiliates and agents to contact you at any phone number or contact address you provide, or from which you contact us, or which is associated with your use of the Portal, or at which we believe we can reach you. We may contact you in any way, such as SMS/text messages, telephone calls, emails, other electronic messages, or using any other method of communication permitted by law. You expressly authorize LATINOTEL to contact you on a mobile, wireless or similar device, even if you are charged for it. You agree to immediately notify LATINOTEL if any telephone or mobile number, email address or other contact information you have provided or used to contact LATINOTEL is changed or surrendered by you. You may revoke this consent at any time, but recognize that this may impact your ability to participate in the Portal and continue to do business with and through LATINOTEL. “STOP” instructions to cancel SMS text messaging from LATINOTEL will be included in each message. You expressly consent to receipt of a text message to confirm your “STOP” request.
Privacy. Your use of the Portal, including personal information provided by you and your customers, is subject to the LATINOTEL Privacy Policy, which is posted in the Portal and expressly incorporated in and made part of these Terms.
Intellectual Property Rights. All logos, symbols and intellectual property contained on https://portal.latinotel.com, the Portal, and/or related advertising collateral are property of LATINOTEL. LATINOTEL services cannot be commercially resold. LATINOTEL is a registered trademark of Quadrant Distribution LLC.
Third-Party Claims Arising from Retailer Use of the Portal. LATINOTEL shall not be responsible for any third-party claims that arise from the use of the Portal, the services and/or the customer account. This includes the processing of bill pay requests. All costs and expenses related to the defense of any such claims, including attorneys’ fees, unless such claims are determined to be the misconduct or gross negligence of LATINOTEL, shall be the full responsibility of the RETAILER / account owner. This provision will remain in force after the termination or expiration of the TERMS.
Limitation of Liability. Under no circumstances shaLL LATINOTEL, its affiliates, agents, partners, directors, officers, members and employees be liable for any indirect, special, punitive or consequential damages from any cause, action or claim relating to THE PORTAL, the service, https://portal.latinotel.com, hpps://www.latinotel.com, and/or the underlying SERVICES ISSUED BY THE SERVICE PROVIDER. LATINOTEL is not responsible for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever.
LATINOTEL will not be responsible for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond.
Termination and Changes to the Terms. Without prior notice, LATINOTEL may immediately terminate the Terms or revoke any or all of your rights granted under these Terms. Upon any termination of these Terms, LATINOTEL may immediately revoke all customer accounts including any assigned login and password(s). Any termination of these Terms shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. LATINOTEL reserves the right to suspend or terminate your user account if any fraudulent or unlawful activity, including robocall activity, is detected.
Dispute Resolution -- IMPORTANT - READ CAREFULLY
To expedite resolution and control the cost of any dispute for you and LATINOTEL, any controversy or claim related to your use of the Portal, the services, these Terms, your relationship with LATINOTEL, the Privacy Policy, and any communications among and between you and LATINOTEL and your customers (“Dispute”), you and LATINOTEL agree to first attempt to negotiate any Dispute informally for at least thirty (30) days prior to initiating any arbitration or court proceeding. This provision is a condition precedent to pursuing arbitration as described below.
Except where you or LATINOTEL choose to pursue an individual claim in small claims court consistent with the jurisdictional limits, any Dispute shall be determined by arbitration before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. More information about JAMS’ and how to initiate arbitration is available at: https://www.jamsadr.com/adr/.
YOU AND LATINOTEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS OF USE, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Any arbitration will be initiated in and take place in San Antonio, Texas or, at your choice, in the county where you reside, as determined based on your address on file with LATINOTEL. You may, at your election, also agree to arbitrate on written papers or by telephone. This Dispute Resolution agreement survives the termination of any agreement between you and LATINOTEL.
Changes to These Terms. LATINOTEL reserves the right to revise these Terms at any time and you are deemed to be apprised of and bound by any changes to these Terms. LATINOTEL will indicate that changes to these Terms have been made by updating the date indicated after “Last Modified” at the beginning of these Terms. Your continued use of the Portal, purchasing products, or using services from LATINOTEL after that date constitutes your agreement to the modified Terms.
Governing Law. Although the Dispute Resolution provision is governed by the Federal Arbitration Act, these Terms and any Dispute are otherwise governed by the laws of the State of Texas. Please send any questions or correspondence regarding this user agreement, the Portal or hpps://www.latinotel.com website to:
Contact Us.
LATINOTEL
16414 San Pedro Suite 610
San Antonio, TX 78232