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Toll Free Service Order Terms and Conditions
The following terms and conditions govern the provision of services and shared toll free service (the "Services") by Tele Web Marketing, (collectively, "TWM") to the individual or entity that is placing this order for Services either directly or through the 1877painters.com website ("Customer" or "you"). By agreeing to these Service Order Terms and Conditions (the "Terms"), you authorize TWM to charge the credit card(s) you provide for monthly payment for the Services. The toll free number on the previous web page (the "Order Form") that you selected is referred to in these Terms as the "Number."
1. Services. Customer hereby subscribes to the Services selected by Customer on the Order Form, and to the prices and rates for such selected Services specified therein. It is the responsibility of the Customer to inform TWM of any area code changes and/or prefix changes to the Number that may affect the Services.
2. Service Area. Customer acknowledges that TWM provides services to other customers and third parties using the same Number. Customer will receive calls through the Number only from calls that originate in the area codes specified by Customer on the Order Form or when the prefixes specified by Customer on the Order Form are used by a caller. The Customer may request an expansion of the selected service area by login in to their account and adding additional areas.
3. Billing. Upon completion of the Order Form and acceptance of these Terms, Customer will be billed a pro-rated amount at the rate specified in the Order Form for the number of days remaining in the current month for Services, plus any applicable setup fees as set forth on the Order Form. Customer will be billed the normal monthly rate for Services plus any additional minute charges on the fifth day of each subsequent month and TWM will charge the Customer's credit card on file on that date.
4. Payment. Customer agrees to pay all bills promptly and on time. By agreeing to these Terms, Customer authorizes TWM to charge Customer's credit card and any credit cards that are added to Customer's account in the future, if any, the amount of Customer's monthly bill on the fifth day of each month. Failure to pay within 10 days after the fifth day of any month will result in termination of Services and a reconnect fee of $75 will be due in order to reinstate the Services. Interest shall accrue at the rate of 1% per month on all amounts not paid within 10 days of the billing statement and processing charges will apply if a payment is declined ($10 per credit card decline, $20 per returned EFT and $25 per returned check). If collection efforts are required, Customer shall be liable for all cost of collection, including reasonable attorney's fees.
5. Term; Termination. Customer may terminate the Services at any time for any or no reason by login into their account and selecting my Area and remove area. Once the area is selected to be removed, it will automatically be removed at the end of the billing cycle.
6. Ownership. Customer acknowledges that TWM is the end-user of the Number and retains any and all rights as such. TWM will have total and complete control of who carries Intra/Inter LATA traffic. Any and all rights to the Number will be retained by TWM. If Customer attempts to remove or removes any Number from its current RespOrg, TWM will charge Customer an inconvenience fee of $500 upon the first instance, $1,000 upon the second instance and $5,000 for any instance thereafter. Customer acknowledges TWM’s right, title, and interest in and to the Number and will not at any time do or cause to be done any act or thing contesting or in any way impairing or tending to impair any part of that right, title, and interest. In connection with Customer's use of the Number, Customer will not in any manner represent that it has any ownership in the Number and Customer acknowledges that use of the Number will not create in Customer's favor any right, title, or interest in or to the Number.
7. Restrictions; Representations of Customer. Customer shall not use the Services for any unlawful purpose. Customer is expressly prohibited from using the Services to transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. Customer may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of such right by holder. Customer represents that Customer is at all time in compliance with all applicable laws, regulations, or conventions including those related to data privacy, international communications, and exportation of technical or personal data.
8. Indemnification. TWM assumes no liability to Customer with respect to the Customer's usage of the Number. Customer hereby agrees to defend, indemnify, and hold harmless TWM from any and all claims or assertions of any kind, including all expenses and attorneys' fees in defense of any claims or assertions, arising out of or relating to Customer's activities, any negligent or intentional acts by and/or on behalf of Customer including, but not limited to, any claim of product liability, trademark infringement or unfair competition, Customer's use of the Number, Customer's breach of these Terms, any use by Customer or a third party of Customer's account or in connection with the placement or transmission of any message, information, software or other content using the Services.
9. LIMITATION OF LIABILITY. As a material inducement for TWM to provide the Services to Customer, Customer agrees that UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL TWM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
10. DISCLAIMER OF WARRANTIES. TWM MAKES NO EXPRESS OR IMPLIED WARRANTIES TO CUSTOMER AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE GOODS OR SERVICES PROVIDED. TWM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
11. Governing Law; Attorneys Fees. The validity, construction and interpretation of this Agreement shall be governed by the internal laws of the State of Washington, excluding conflict of law's provisions. Customer hereby consents to jurisdiction of the federal or state courts located in Los Anglees County, California. If suit or action is instituted to enforce any of these Terms, the prevailing party shall be entitled to recover attorneys' fees, and on appeal of such suit or action, in addition to all other sums provided by law.
12. Changes to Terms. TWM reserves the right to change monthly programming, routing, termination, licensing, program origination, and per-call- surcharges in accordance with its' shared usage and other programs by providing at least thirty (30) days advance notice to Customer.
13. Miscellaneous.This Agreement inclusive of the Order Form represents the entire agreement between the parties on the subject matter hereof and supersedes all other discussions or agreement between them related thereto. No modification of, or waiver under, this Agreement will be effective unless in writing and signed by all parties. All notices hereunder shall be in writing and to the contact information provided by the parties. Customer shall ensure that TWM has the correct and most up to date contact information for Customer. Notice shall be deemed to have been given (i) when received, if in writing and delivered personally or upon confirmed receipt of facsimile or email transmission, (ii) one (1) day following deposit with a recognized overnight delivery service or (iii) three (3) days following deposit via certified US mail. If any part of these Terms is unenforceable, the remainder of the Terms shall continue in full force and effect. Notwithstanding any provision contained in this Agreement, neither party shall be liable to the other to the extent fulfillment or performance of any terms or provisions of this Agreement are delayed or prevented by revolution or other civil disorders; wars; strikes; labor disputes; fires; floods; nuclear incident; acts of God; terrorism; government action; or, without limiting the foregoing, any other causes not within its control and which, by the exercise of reasonable diligence, it is unable to prevent. This clause shall not apply to the payment of any sums due under this Agreement by either party to the other. This agreement may not be assigned by Customer without prior written consent from TWM.
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