PhoneSpeak (SM) Terms of Service
Last updated: December 15, 2017
- Thank you for choosing Phonespeak. This document sets out the entire agreement between you and the provider. By using, including subscribing to, the provider’s services you agree to these terms. If you do not wish to accept these terms, you should cease to use provider’s services. Provider refers to SaaS Central LLC operating under brand names including PhoneSpeak.com. We, in these terms, refers to the provider. You refers to the user and every entity on behalf of whom you use provider’s services. Terms refers to this document as it updated by provider. The services offered by provider under the terms are subject to change by management, including jurisdictions and localities where you may utilize services and the taxes, fees, plans, promotions, and service charges.
- Privacy. The provider is committed to the goal of building and establishing the relationship with you based respect for all personal information relating to your account and the details of your usage of provider’s services. Except when we are required by law to make disclosures, we will not pass along, sell, or transfer your private information to third parties without your consent.
You agree to use a service plan selected for your usage and that provider may reassign you to appropriate service plans at its discretion rather than suspend your account. Standard business plans are limited to 5,000 minutes of inbound/outbound domestic calls. International calls are charged at separate per minute fees. You agree not to operate a call center outside of the call center plan.
- Acceptable Use. You understand that you are not entitled to use provider’s service for or as part of any illegal, deceptive, improper, or abusive purpose. The agreement to refrain from unacceptable use extends to refraining from use intended or which tends to interfere with provider’s ability to provide high quality service, harms it business relationships, or damages the property of provider or its customers. As described below, unacceptable use may not only result in suspension and termination of your account, but you agree to be liable for criminal and civil penalties.
- Termination of Services. You may terminate your account at any time. Notice may be given by chat, email, or voice call whereupon cancellation takes place immediately. Upon notice by provider, we may likewise terminate your account with or without cause. Termination of your account terminates provider’s obligation to provide you with access to services including connection numbers, search functions, or account usage history. Notwithstanding that you may terminate at any time in your billing cycle, you are not entitled to any refunds of any portion of service fees.
- Authority and safeguarding credentials. You represent that you are at least eighteen years of age and that, in the jurisdiction of your access, you have the legal right and capacity to agree to these terms. Where you are acting on behalf of an entity or group, you represent that you are have the authority to enter this agreement. Unless your account has a third party designated as financially responsible, you are responsible for all charges with respect to your account. You agree to safeguard your account credentials to prevent unauthorized charges and violations of the acceptable use requirements. If you suspect unauthorized access or another problem with your credentials, immediately notify provider in order that steps may be taken that may protect your account and account information.
- Modifications. Changes to the terms will be posted on provider’s website. You undertake to review the website periodically and to maintain current your account contact information. As provider’s services are modified, including increase or reduction of features, we expect to provide customers with suitable notice as soon as possible or permissible. It may not be always possible to provide as much notice as might be convenient, but provider will not be responsible for any claims or damages as a result of modifications.
- Promotions and Service Plans. Promotional rates are not transferrable and will be honored only with respect to the original offeree. As described previously, you are responsible for all charges associated with the services used. Amounts identified as cost recovery and compliance fee charges represent pass-through charges that are not mandated by or remitted to regulatory agencies. This includes usage exceeding your plan. Delinquent accounts may be subject to suspension, cancellation, and collection and you are obligated to pay for interest, legal, and collection costs, together with any account investigation or reconnection charges.
- Limitations and Covenants. You agree to defend, indemnify, and hold harmless provider (including, for the avoidance of doubt SaaS Central’s affiliates and representatives) from any expense, liability, judgment, claim, or legal action that may arise from or be connected with your use of provider’s services. These expenses include attorney fees that provider incurs in obtaining legal representation. Provider’s entire liability and your, exclusive remedy for damages due to performance or non-performance of provider for any cause whatsoever, regardless of the form of action, whether in contract or in tort, including incidental damages such as alleged damages for loss of business profits, business interruption, loss of business information, and the like, shall be limited to the refund of the charges specifically related to the performance or non-performance. For any other claim or liability, including negligence or willful misconduct by provider, provider’s liability shall not exceed $500 in the aggregate.
- Notices. As described previously, you are responsible for maintaining accurate account information and monitoring notices from the Company. Notices you desire to provide must be sent only to specified company email addresses.
You agree that any disagreement shall be adjudicated in the state and federal courts of the State of Nevada, U.S.A. Venue for any disagreement shall be the court of proper jurisdiction in Las Vegas, Nevada and you waive any right that you may have to assert that such forum is not convenient or that any such court lacks jurisdiction. You agree to this jurisdiction and venue provision regardless of where you reside or use the service or the fact that the managerial offices of provider are in King County, Washington. In the event of any litigation (including arbitration) between you and provider, the non-prevailing party shall reimburse the prevailing party for all reasonable and documented attorney fees, costs, and expenses relating to the disagreement.
- Dispute Resolution and Non-binding Mediation. In the event of any dispute, claim, question, or other disagreement between you and provider, you and provider shall first use reasonable best efforts to settle the disagreement though consultation and negotiation in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution. If, within thirty-five days (or such longer period as may be agreed in writing between the parties) after receipt by a party of a notice of disagreement, the parties have not succeeded in negotiating a resolution, the parties agree to submit the disagreement at the earliest possible date to non-binding mediation conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association, and to bear equally the costs of the mediator; provided, however, that each party shall bear its own costs in connection with such mediation. The parties agree that any mediation appearance may be conducted telephonically and, unless otherwise determined in the mediator’s discretion, use the Procedures for Resolution of Disputes Through Document Submission. The parties agree to participate in good faith in the mediation and negotiations related thereto for a period of ninety days or such longer period as they may mutually agree following the mediation demand. Neither you nor we shall file or pursue any disagreement in any court, administrative, arbitral, or other adjudicative body prior to engaging in such consultations and mediation.
- Class Action Waiver. The process for resolving any disagreement shall be conducted solely on an individual basis. You and provider both expressly waive any right to join as a member or institute any proceeding as a class or collective action, private attorney general action, or in any other proceeding in which any party acts or proposes to act in a representative capacity.
- General Provisions. Non Waiver. No failure or delay by provider to assert or exercise any right; demand fulfillment or performance of any obligation; or avail itself of any remedy, may be deemed a waiver of any right or remedy. Force Majeure. Excluding payment obligations, neither party shall be responsible or liable for any failure to perform or delay in performing to the extent resulting from any event or circumstance that is beyond that party’s reasonable control, including without limitation any act of God; national emergency; governmental act or direction; breach, delay, act, or omission of any contractor, failure, or unavailability of third party system. License. For the avoidance of doubt, the nature of the providers services to you are a limited, personal, revocable, non-transferrable license for a term and subject to the terms. After termination, all license rights afforded you with respect to provider’s services, information, and IP also terminate.