Online Agreement for Terms and Conditions of Use TAKEMORECALLS.COM
The following terms and conditions govern the provision of services and shared 800/888/877/866/855/844 toll free service (the “Services”) by TAKEMORECALLS.COM, or the agent of the foregoing (collectively, “TAKEMORECALLS.COM”) to the individual or entity that is placing this order for Services through the TAKEMORECALLS.COM website (“Customer” or “you”). By agreeing to these Service Order Terms and Conditions (the “Terms”), you authorize TAKEMORECALLS.COM to charge the credit card(s) or PayPal you provide to TAKEMORECALLS.COM for [monthly payment] for the Services. The 800/888/877/866/855/844 numbers on the previous web page (the “Order Form”) that you selected are referred to in these Terms as the “Numbers.”
YOUR USE OF THIS WEBSITE IS CONDITIONED UPON YOUR COMPLIANCE WITH, AND ACCEPTANCE OF, THE FOLLOWING AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE ACCEPT BUTTON OR SIMILAR BUTTONS OR LINKS AS MAY BE DESIGNATED BY TAKEMORECALLS.COM TO SHOW THESE TERMS AND/OR TO INSTALL THE TAKEMORECALLS.COM MOBILE APP, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. YOU WILL NOT BE PERMITTED TO USE THE TAKEMORECALLS.COM WEBSITE OR MOBILE APP AND THE ASSOCIATED TAKEMORECALLS.COM SERVICES UNLESS AND UNTIL YOU ACCEPT THIS AGREEMENT AND ANY OTHER RULES OR POLICIES THAT TAKEMORECALLS.COM MAY CREATE AND MAKE AVAILABLE ON ITS WEBSITE FROM TIME TO TIME.
1. By submitting an order on the TakeMoreCalls.com Website, you (“you” may be referred to as “Co-User” herein), on behalf of yourself and your affiliates, agree to be bound by the terms and conditions set forth herein, including any changes or amendments hereto (the “Terms” or the “Agreement”). If you are submitting an order on behalf of an organization, you are agreeing to these Terms for that organization and representing that you are a duly authorized representative of the organization and that you have the authority to bind that organization to these Terms (in which event, “you” and “your” will refer to that organization). You further represent that you are authorized to enter into financial transactions and are authorized to use credit cards on behalf of your organization or as an individual, if you are using a personal credit card.
2. Scope of Services: The toll free vanity numbers lease to You are for use only under the terms of this Agreement. TakeMoreCalls.com will provide the "Services" and shared 800/888/877/866/855/844 toll free service (the “Services”outlined below and grant the You or Co-user to use the telephone number selected by you on the Website (the “Number”) in the Location (as selected by you on the Website), subject to any and all rules, obligations and conditions under applicable tariffs (including, without limitation, tariffs in relation to the non-payment for service, abuse of service or fraud), statutory and common law and any other laws or regulations promulgated by agencies having jurisdiction over the subject matter hereof. As used herein, “Location(s)” shall mean the place or places designated from time to time by Co-User as the location to which calls to the Number shall be routed to, as selected on the Website. By accepting these terms and conditions You hereby acknowledge that TakeMoreCalls.com may provide services to third parties using the Number in geographic areas other than the Location or upon termination or expiration of this Agreement. In addition and included with the fees described below, during the Term, TakeMoreCalls.com shall provide You with the following services in accordance with the terms and conditions of this Agreement:
i) toll free/vanity services, including but not limited to, deployment, IVR and routing solutions, tracking and reporting options in connection with the Location(s) (as hereinafter defined) designated by You from time to time;
ii) toll free/vanity marketing assistance and strategy provided to You on an as needed basis;
iii) access to special offers given to other TakeMoreCalls.com licensees from outside vendors; and
TakeMoreCalls.com will provide the services set forth in i) and iii) above on an on-going basis during the Term, and, unless otherwise mutually agreed in writing by the parties, TakeMoreCalls.com’s total time spent on such services shall not exceed four (4) hours per month. By accepting these Terms, you hereby understand and agrees that the Number is integral to the Services that TakeMoreCalls.com provides; that the Number has been assigned to the TakeMoreCalls.com/or its Agent/Partner directly from the SMS/800 Database; and that subscribership of the Number cannot be transferred from TakeMoreCalls.com to You/ Co-User or to any other party.
3. Consent to Use of Data: You agree that TakeMoreCalls.com may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Services,. TakeMoreCalls.com may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
4. Effective Date. This Agreement shall be effective on the date that you submit your order on the Website with respect to each Number (the “Effective Date”) and shall continue for the Initial Term (the term selected by you on the Website), unless terminated by TakeMoreCalls.com. At the end of the Initial Term, or any Renewal Term as defined below, this Agreement shall automatically renew for successive one (1) year terms (the term of any such renewal being referred to herein as a “Renewal Term”), unless you give TakeMoreCalls.com a written notice of cancellation at least sixty (60) days prior to the expiration of the then-current Initial Term or Renewal Term that you do not wish to renew. The Initial Term and any Renewal Terms shall be collectively referred to herein as the “Term.” The automatic renewal described above shall not apply to the month-to-month option; month-to-month contracts may be cancelled by the Co-User at any time upon thirty (30) days’ notice.
6. Indemnification. TakeMoreCalls.com assumes no liability to Customer with respect to the Customer’s usage of the Numbers. Customer hereby agrees to defend, indemnify, and hold harmless TakeMoreCalls.com 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 Numbers, 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.
7. Ownership. Customer accepts that TakeMoreCalls.com is the end-user of the Numbers and retains any and all rights as such. TakeMoreCalls.com will have complete and total control of who carries Intra/Inter LATA traffic. Any and all rights to the Numbers will be retained by TakeMoreCalls.com. Customer in case to attempts to remove or removes any Number from its current RespOrg, TakeMoreCalls.com will charge Customer annoyance fee of $600 upon the first instance, $1200 upon the second instance and $10,000 for any instance thereafter. Customer accepts TakeMoreCalls.com’s right, title, and interest in and to the Numbers and will not at any time do or cause to be done any act or thing contesting or in anyway impairing or tending to impair any part of that right, title, and interest. In connection with Customer’s use of the Numbers, Customer will not in any manner represent that it has any ownership in the Numbers and Customer acknowledges that use of the Numbers will not create in Customer’s favor any right, title, or interest in or to the Numbers.
8. Payments, (a) You shall be responsible for payment of the following amounts: (i) a monthly marketing fee to TakeMoreCalls.com as set forth on the Website during the check-out process (the “Monthly Fee”), with the first Monthly Fee (prorated for a partial month as applicable) due immediately; and (ii) all telephone charges billed by any and all telecommunications carrier(s), together with all Federal, State, municipal and all other local taxes, surcharges and regulatory fees of any description billed by any such telecommunications carrier(s) (“Usage Charges”) (the Usage Charges, together with the Monthly Fee and the Text Fees, are hereinafter collectively referred to as the “Billed Charges”), which are attributable to Your use of the Number, which Usage Charges charge shall be $.06 per minute plus applicable taxes, after the number of minutes per month that you selected on the Website, and the Text Fees. You may receive billing statements and receipts from TakeMoreCalls.com for Usage Charges and Text Fees when TakeMoreCalls.com is acting as a billing agent for the underlying telecommunications carrier.
If TakeMoreCalls.com is not acting as a billing agent for the underlying telecommunications carrier, Co-User will be billed directly by the telecommunications carrier and shall pay the Usage Charges and Text Fees to such carrier when due, and TakeMoreCalls.com will charge Co-User a fee of $100 for each key word change made to the Number Service platform, after the initial one (1) keyword has been chosen. You/Co-User warrants, represents, acknowledges and agrees that Co-User shall be solely responsible for and shall pay any and all Billed Charges incurred on and after the Effective Date. Upon each Renewal Term hereof, TakeMoreCalls.com shall have the right to increase the Monthly Fee at any time or from time to time, during any one (1) year period, based on the Monthly Fee of the last month of the preceding term. In the event that the underlying telecommunications carrier notifies TakeMoreCalls.com of a rate change on TakeMoreCalls.com that increases the per minute/per text charges, then TakeMoreCalls.com may increase the Usage Charges or the Text Fees to Co-User.
(b) TakeMoreCalls.com will bill Co-User monthly, in advance, for the Monthly Fee. All Billed Charges shall be paid by credit card on which Co-User, or a principal of Co-User, is an authorized signatory. The credit card shall be valid, in good standing, and able to incur new charges. Co-User will keep the credit card on file current, and will immediately provide TakeMoreCalls.com with updated credit card information should the credit card on file expire, be cancelled, or be unable to accept new charges. Co-User’s indicated credit card will be charged monthly for all Billed Charges. Co-User will receive an acknowledgment in the form of electronic receipts and/or paid invoice for the Billed Charges, which shall be delivered using the email address designed by Co-User.
(c) Failure to pay the Billed Charges within 5 days after the billing due date any month during the Term may result in termination of the Services (or the Agreement and, at the TakeMoreCalls.com’s sole discretion, a reconnect fee of $500 will be due in order to reinstate the Bundled Marketing Services for the remaining duration of the Term, provided, however, that the reconnect fee, if allowed by the TakeMoreCalls.com, may only be paid within
30 days of the date that the late payment became due. After 30 days, Co-User shall have no option to reconnect or reinstate the Services and the TakeMoreCalls.com may freely enter into contracts with third parties concerning the Number in its sole discretion. Interest shall accrue at the rate of 5% per month on all amounts not paid within 10 days of the billing statement and processing charges will apply if a payment is declined ($20 per credit card decline, $20 per returned EFT). If collection efforts are required, Co-User shall be liable to TakeMoreCalls.com for all costs of collection, including reasonable attorney’s fees and fees of any outside collection agencies.
(d) Service Area. Customer acknowledges that TakeMoreCalls.com 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 emailing TakeMoreCalls.com at Support@TakeMoreCalls.com.
(e) 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 TakeMoreCalls.com of any area code changes and/or prefix changes to the Numbers that may affect the Services.
9. Notices All notices to Co-User shall be sent to Co-User at the email address submitted on the Website. All notices to TakeMoreCalls.com shall be sent to TakeMoreCalls.com at Support@TakeMoreCalls.com.
Each party may hereafter designate any other e-mail address by notice to the other party at such email addresses. The date of any notice hereunder shall be deemed the date of transmission.
10. Nothing in the Agreement shall constitute a partnership, joint venture or other agency relationship between You and TakeMoreCalls.com. TakeMoreCalls.com is performing all of its obligations hereunder as an independent contractor. You do not have the right to execute any agreement or incur any obligation for which TakeMoreCalls.com may be liable or otherwise bound; nor shall TakeMoreCalls.com be liable for any representation, act or omission that is contrary to the provisions hereof.
11. Each party hereto agrees to execute and deliver such additional documents and instruments, and to perform such additional acts as may be reasonably necessary or appropriate to effectuate the intent, purpose and provisions of the Agreement.
12. If any provision contained in this Agreement shall be invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained herein or therein shall not in any way be affected or impaired.
13. In the event that TakeMoreCalls.com commences a legal action or incurs other costs to enforce its rights under this Agreement against You (including, without limitation, collection of TakeMoreCalls.com fees), TakeMoreCalls.com shall be entitled to recover its reasonable attorneys’ fees and/or costs and collection agency fees from You.
14. 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.
15. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TakeMoreCalls.com BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TakeMoreCalls.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
16. The Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors, permitted assigns and representatives. TakeMoreCalls.com shall have the right to assign the Agreement. You/Co-User shall not have the right to assign, sublet or sublicense the Agreement or any of its rights or interests hereunder without TakeMoreCalls.com’s prior written consent. Any purported assignment by You/Co-User in violation of this paragraph shall be void.