We reserve the right to refuse any account registration you sign up with us. We may, in our sole discretion, limit or cancel quantities sign up per person, per business or per sign up. These restrictions may include sign ups placed by or under the same customer account, the same credit card, and/or sign up that use the same billing and/or email address. In the event that we make a change to or cancel a sign up, we may attempt to notify you by contacting the email provided at the time the sign up was made. We reserve the right to limit or prohibit sign up that, in our sole judgement, appear to be placed under suspicion, high risk assessment and bad payment history.

You agree to provide current, complete and accurate purchase and account information for all sign up made at PhoneSpeak website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Usage charges: You agree to pay all charges for your use of the Services according to the payment plan applicable to your Service subscription, and in effect for your state/province of residence. PhoneSpeak reserves the right to change prices or institute new charges for access to the use of PhoneSpeak Services unless you have a signed Written Agreement with PhoneSpeak. All changes will be posted by PhoneSpeak on the PhoneSpeak Websites or to be informed to your email used for PhoneSpeak sign up and registration. All changes will be posted by PhoneSpeak on the PhoneSpeak Websites and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Service or non-termination of your PhoneSpeak account after the changes are posted constitutes your acceptance of the price as modified by the posted changes.

Charges for Service may include activation, recurring subscription, number porting fee, IP desk phone credential provision, usage fee and credit top up into your PhoneSpeak account. Your activation and recurring subscription fees are payable in advance and are COMPLETELY NON-REFUNDABLE. Usage charges are charged as and when such charges are incurred or by accumulating such charges (in the sole discretion of PhoneSpeak) in accordance with the usage rates applicable to each of the Services you use.

If you have selected the Toll-Free Number to your service subscription, your payment plan may include a monthly allowance of phone calls minutes and SMS. In the event that you have exceeded your rate plan’s allotted allowance you will be automatically charged a credit top up of $20 will be charged to top up your call credits in your account. This amount shall stay in your account and deductible upon your call usage.

10DLC Registration charges: You agree to pay all 10DLC registration fees for your use to verify and enable your business number to send text messages using a standard 10-digit phone number (10DLC). There are two (2) types of 10DLC registry charges; Brand registry charges which incur one-time non-recurring fee and Campaign registry charges on a monthly charge with recurring fees. It is the responsible of the user to ensure the information provided for brand and campaign registration is accurate and true. Any amendment and resubmission of the registration will incur additional cost to the user.

If you subscribed for Services pursuant to a special offer, your sign up will initiate the monthly Service fee with user regulatory fee. This will BE PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amount pre-authorized will not be considered available credit or debit fund in such account) and will be immediately charges to your credit or debit card, without further authorization from you, unless you provide prior notice (in accordance with PhoneSpeak verification procedures, as may be established by PhoneSpeak from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before PhoneSpeak could act on your notice.

Charges are to be paid on a monthly or annually basis in the currency in which billed. A failure to pay the charges is a material breach of the Agreement and grounds for account suspension or termination by PhoneSpeak. If the payment method for your PhoneSpeak account is by credit card and payment is not received or failed to charge by PhoneSpeak from the card issuer or its agents, you agree to pay all amount due upon demand by PhoneSpeak. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that PhoneSpeak is authorized to charge you designated card. Your card issuer’s agreement governs your use of your designated card in connection with PhoneSpeak, and you must refer to such agreement (not this Agreement) with respect to your right and liabilities as a cardholder. You agree that PhoneSpeak may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that PhoneSpeak may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you received from your card issuer.

You agree that PhoneSpeak may submit charges for your usage fees and recurring subscription free each month or year, without further authorization from you, until you provide prior notice (in accordance with PhoneSpeak’ verification procedures, as may be established by PhoneSpeak from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before PhoneSpeak could act on your notice. If you have any questions regarding any charges that have been applied to your account, you must contact PhoneSpeak’ Customer Support within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by PhoneSpeak in accordance with this Agreement.

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 the provider, we may likewise terminate your account with or without cause. Termination of your account terminates the 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 refund 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. When you are acting on behalf of an entity or group, you represent that you 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 the provider in order that steps may be taken that may protect your account and account information.

Refund. PhoneSpeak subscription is billed on a monthly or annual billing cycle, depending on your subscription date. There will be no pro-rated refunds or credits except in the case of our 15 days Money Back Guarantee (see below – Money Back Guarantee Policy).

Monthly Subscription: There will be no refund for the monthly subscription, including any additional service add-on and call credit top-ups.

Annual Subscription: If you choose to cancel your annual subscription within the first 15 days from the date of sign up and have not substantially utilized or accessed the subscription other than to try out the service, you are eligible for a full refund of the subscription fee.

For cancellations made after the initial 15 days but within the first six months of the annual subscription, 6 months of annual subscription will be refunded. For any additional services such as additional users, additional numbers, and IP deskphone connections, the refund will be prorated with the 6 months refund. The prorated amount will be calculated based on the remaining unused portion of the 6 months subscription refund, minus any applicable administrative or processing fees.

No refunds will be issued for annual subscription after the initial six months.

Refund requests must be submitted in writing to [email protected] and will be processed within 15 business days from the date of receipt. Any approved refund will be issued using the original method of payment.

10DLC registry fee: There will be NO REFUND for any 10DLC registration including Brand Registration fee and Campaign Registration fee recurring on monthly basis (prepaid 3 months in advance) as well Campaign Vetting fee of each vetting event.

This refund policy is subject to change at the discretion of PhoneSpeak, and any modifications will be communicated to you through appropriate channels.

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 transferable 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 Azentus Inc’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 the 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 $250 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.

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 through 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.

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.

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-transferable 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.