The following terms and conditions govern (a) the provision of the value added service by Enhanced Service Provider ("ESP") and (b) the provision of shared 800/888/877/866 toll free service, to the Customer.
The Customer numbers selected will hereafter be referred to as "The Numbers".
Customer hereby subscribes to the ESP services, and to the rates specified therefore, and will be charged regular monthly fees if the Number has not been ported, or a request to port has not been made, within the first thirty days (30) of service. This agreement will automatically renew on a monthly basis if no written notice of termination is given within fifteen days (15) from the end of each billing period.
Customer agrees to pay all bills promptly and on time. Failure to pay promptly will result in disconnection of service with or without notice ten days (10) from due date. A reconnect fee of five hundred dollars ($500) may be assessed. If number remains disconnected for a period of four months (4) then ESP will assume the number is abandoned and the number will revert to ESP. If collections efforts are needed ESP is entitled to reimbursement for legal, investigative, collections, and court costs.
Customer will be billed in advance of each service month. Upon signup, Customer will immediately be billed a one time setup fee plus the full charge for selected minute plan. Each month following the first 30 day period shall be billed on the first day of each month for the normal monthly rate plus any additional minute plan charges. If the end of the first 30 day period falls between billing periods, then ESP reserves the right to charge a pro-rated fee for that month's usage. Minutes used may not exceed the prepaid minute plan. In the event that Customer has used all minutes in their selected plan, the Number shall be disabled until 1) an additional payment is made in order to upgrade the current minute plan; or 2) minutes are reset upon payment of the next month's billing at the first of each month.
If Customer, at its sole discretion, wishes to terminate and be released from this Agreement prior to its full length (the term of this Agreement as specified in the Application), an exit fee, comprised of all setup fees (as defined in the Application) and all usage payments made by Customer up until the date of termination, plus all usage fees guaranteed by the contract term length, will apply. Customer shall provide written notification of intent to port number at least fifteen days (15) in advance of such request.
The terms and conditions contained herein supersede all prior oral and written understanding between the ESP and Customer and constitute the entire agreement between them concerning the subject matter of this agreement. This agreement shall not be modified or amended except in writing signed by authorized person of both parties.
Should any part of this document become invalid or unenforceable the remaining document shall be interpreted so as to give the greatest effect possible thereto.
It is the responsibility of the customer to inform ESP/Carrier of area code changes and/or prefix changes that may affect their service.
Customer agrees that it shall not reveal, either during or after termination of this agreement, any confidential information regarding its nature, contents or intention.
This Agreement shall be governed by and construed in accordance with Washington State law. Any controversy or claim between the parties arising out of or related to this Agreement shall be settled by arbitration before a single arbitrator under the then current rules of the Washington Arbitration and Mediation Service (WHAMS). The arbitration shall be held in Seattle, Washington. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof. The prevailing party in any dispute concerning the application or this agreement shall be entitled to reasonable attorney's fees and costs. This agreement is non-transferable without written permission from ESP.
Any notice or other communication given pursuant to the terms of this agreement shall be deemed given upon delivery, if hand delivered or sent via facsimile, or forty-eight (48) hours after deposit in the United States mail, postage prepaid, correctly addressed to the addresses of the parties indicated below or at such other address as such party shall in writing have advised the other party.
By agreeing to the terms and conditions set forth on this website, I authorize Custom Toll Free or the parent company The Rugly Group, Inc. to charge my monthly recurring bill to this credit card and all credit cards that are added to the account in the future (including web site updates and telephone updates with customer service).
Customer agrees to pay interest at 18% per annum on overdue charges plus reasonable cost of collections, including legal fees. Processing charges may apply if a payment is declined ($10 per credit card decline, $20 per returned EFT and $25 per returned check). Customer's submission, via the Internet, by fax or mail, of this Application attests to financial responsibility, ability and willingness to pay within the stated terms and conditions. Customer shall not use any services for any unlawful purpose. All charges for services will be debited to the credit card number provided by Customer. If the credit card or other form of payment is denied, service may be disabled immediately.
ESP and Carrier have no control over the content of the information transmitted through accounts. Neither ESP nor Carrier (1) represent or endorse the accuracy or reliability of any opinion, advice or statement made through an account, (2) assume any liability for any harassing, offensive or obscene material distributed or received through an account, or (3) assume any liability for any material distributed through an account which is distributed in violation of any third party's copyright or other intellectual property right.
The Services may only be used for lawful purposes. 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 agrees to comply with all applicable laws, regulations, or conventions including those related to data privacy, international communications, and exportation of technical or personal data.
Any and all tariffs and related provisions are made a part of this Agreement and shall control any inconsistency between the tariff and the terms and conditions of this Agreement.
Customer shall defend, indemnify and hold harmless ESP, Carrier, their officers, directors, employees and agents from any breach of this Agreement, use of Customer's account or in connection with the placement or transmission of any message, information, software or other content using the Services. Carrier shall give written notice of any such claim, action or demand within a reasonable time. Carrier shall be defended by attorneys of their choice at Customer's expense.
If any provision or portion of this Agreement shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of this Agreement that can be given effect without the invalid provision or portion, and, to this end, the provisions or portions hereof are severable.
The failure of either party at any time, or from time to time, to require performance of any obligation under this Agreement shall in no manner affect the right of either party to enforce any provision of this Agreement at a subsequent time and shall not be construed as a waiver of any subsequent breach of that same provision.
Terms of this Agreement may change from time to time. It is the Customers responsibility to check the terms from time to time. Any changes of email address should be made promptly. Notifications are sent to the current email address on file and it is the responsibility of Customer to ensure that the correct and most up to date information has been provided.
As a material inducement for Carrier to provide the services hereunder, Customer agrees that UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CARRIER OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES 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.
CARRIER 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. CUSTOMER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL ESP BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM, OR ENTITY IN ANY RESPECT, WITHOUT LIMITATION, FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE OR ANY OTHER DAMAGES, OR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF MISTAKES, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS, OR DEFECTS IN TRANSMISSION OR DELAYS, INCLUDING THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES, IN CONNECTION WITH THE SERVICES TO BE PROVIDED BY WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS FOR ANY PURPOSE OF THE SERVICE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY CARRIER ARE HEREBY EXCLUDED AND DISCLAIMED. ESP shall not be liable for any failure of performance due to causes beyond its control, including, but not limited to acts of God, fires, floods, or other catastrophes, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, carrier error, or other difficulties; and any law, order, regulation, or other action of any governing authority or agency thereof.
Custom Toll Free Terms and Conditions- Transferrable Toll Free
The following terms and conditions govern (a) the provision of the value added service by Enhanced Service Provider ("ESP") and (b) the provision of shared 800/888/877/866 toll free service, to the Customer.
The Customer numbers selected will hereafter be referred to as "The Numbers".
Customer hereby subscribes to the ESP services, and to the rates specified therefore, and will be charged regular monthly fees if the Number has not been ported, or a request to port has not been made, within the first thirty days (30) of service. This agreement will automatically renew on a monthly basis if no written notice of termination is given within fifteen days (15) from the end of each billing period.
Customer agrees to pay all bills promptly and on time. Failure to pay promptly will result in disconnection of service with or without notice ten days (10) from due date. A reconnect fee of five hundred dollars ($500) may be assessed. If number remains disconnected for a period of four months (4) then ESP will assume the number is abandoned and the number will revert to ESP. If collections efforts are needed ESP is entitled to reimbursement for legal, investigative, collections, and court costs.
Customer will be billed in advance of each service month. Upon signup, Customer will immediately be billed a one time setup fee plus the full charge for selected minute plan. Each month following the first 30 day period shall be billed on the first day of each month for the normal monthly rate plus any additional minute plan charges. If the end of the first 30 day period falls between billing periods, then ESP reserves the right to charge a pro-rated fee for that month's usage. Minutes used may not exceed the prepaid minute plan. In the event that Customer has used all minutes in their selected plan, the Number shall be disabled until 1) an additional payment is made in order to upgrade the current minute plan; or 2) minutes are reset upon payment of the next month's billing at the first of each month.
If Customer, at its sole discretion, wishes to terminate and be released from this Agreement prior to its full length (the term of this Agreement as specified in the Application), an exit fee, comprised of all setup fees (as defined in the Application) and all usage payments made by Customer up until the date of termination, plus all usage fees guaranteed by the contract term length, will apply. Customer shall provide written notification of intent to port number at least fifteen days (15) in advance of such request.
The terms and conditions contained herein supersede all prior oral and written understanding between the ESP and Customer and constitute the entire agreement between them concerning the subject matter of this agreement. This agreement shall not be modified or amended except in writing signed by authorized person of both parties.
Should any part of this document become invalid or unenforceable the remaining document shall be interpreted so as to give the greatest effect possible thereto.
It is the responsibility of the customer to inform ESP/Carrier of area code changes and/or prefix changes that may affect their service.
Customer agrees that it shall not reveal, either during or after termination of this agreement, any confidential information regarding its nature, contents or intention.
This Agreement shall be governed by and construed in accordance with Washington State law. Any controversy or claim between the parties arising out of or related to this Agreement shall be settled by arbitration before a single arbitrator under the then current rules of the Washington Arbitration and Mediation Service (WHAMS). The arbitration shall be held in Seattle, Washington. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof. The prevailing party in any dispute concerning the application or this agreement shall be entitled to reasonable attorney's fees and costs. This agreement is non-transferable without written permission from ESP.
Any notice or other communication given pursuant to the terms of this agreement shall be deemed given upon delivery, if hand delivered or sent via facsimile, or forty-eight (48) hours after deposit in the United States mail, postage prepaid, correctly addressed to the addresses of the parties indicated below or at such other address as such party shall in writing have advised the other party.
By agreeing to the terms and conditions set forth on this website, I authorize Custom Toll Free or the parent company The Rugly Group, Inc. to charge my monthly recurring bill to this credit card and all credit cards that are added to the account in the future (including web site updates and telephone updates with customer service).
Customer agrees to pay interest at 18% per annum on overdue charges plus reasonable cost of collections, including legal fees. Processing charges may apply if a payment is declined ($10 per credit card decline, $20 per returned EFT and $25 per returned check). Customer's submission, via the Internet, by fax or mail, of this Application attests to financial responsibility, ability and willingness to pay within the stated terms and conditions. Customer shall not use any services for any unlawful purpose. All charges for services will be debited to the credit card number provided by Customer. If the credit card or other form of payment is denied, service may be disabled immediately.
ESP and Carrier have no control over the content of the information transmitted through accounts. Neither ESP nor Carrier (1) represent or endorse the accuracy or reliability of any opinion, advice or statement made through an account, (2) assume any liability for any harassing, offensive or obscene material distributed or received through an account, or (3) assume any liability for any material distributed through an account which is distributed in violation of any third party's copyright or other intellectual property right.
The Services may only be used for lawful purposes. 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 agrees to comply with all applicable laws, regulations, or conventions including those related to data privacy, international communications, and exportation of technical or personal data.
Any and all tariffs and related provisions are made a part of this Agreement and shall control any inconsistency between the tariff and the terms and conditions of this Agreement.
Customer shall defend, indemnify and hold harmless ESP, Carrier, their officers, directors, employees and agents from any breach of this Agreement, use of Customer's account or in connection with the placement or transmission of any message, information, software or other content using the Services. Carrier shall give written notice of any such claim, action or demand within a reasonable time. Carrier shall be defended by attorneys of their choice at Customer's expense.
If any provision or portion of this Agreement shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of this Agreement that can be given effect without the invalid provision or portion, and, to this end, the provisions or portions hereof are severable.
The failure of either party at any time, or from time to time, to require performance of any obligation under this Agreement shall in no manner affect the right of either party to enforce any provision of this Agreement at a subsequent time and shall not be construed as a waiver of any subsequent breach of that same provision.
Terms of this Agreement may change from time to time. It is the Customers responsibility to check the terms from time to time. Any changes of email address should be made promptly. Notifications are sent to the current email address on file and it is the responsibility of Customer to ensure that the correct and most up to date information has been provided.
As a material inducement for Carrier to provide the services hereunder, Customer agrees that UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CARRIER OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES 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.
CARRIER 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. CUSTOMER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL ESP BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM, OR ENTITY IN ANY RESPECT, WITHOUT LIMITATION, FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE OR ANY OTHER DAMAGES, OR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF MISTAKES, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS, OR DEFECTS IN TRANSMISSION OR DELAYS, INCLUDING THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES, IN CONNECTION WITH THE SERVICES TO BE PROVIDED BY WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS FOR ANY PURPOSE OF THE SERVICE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY CARRIER ARE HEREBY EXCLUDED AND DISCLAIMED. ESP shall not be liable for any failure of performance due to causes beyond its control, including, but not limited to acts of God, fires, floods, or other catastrophes, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, carrier error, or other difficulties; and any law, order, regulation, or other action of any governing authority or agency thereof.