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If your account was activated prior to 3/1/2019, please scroll to the Terms and Conditions applicable to your account.
Rates and fees for Custom Toll Free services are available at the Custom Toll Free web site and those rates and fees are fully incorporated herein. Service fees are in addition to usage fees and represent charges for on-line enhanced data services. (Read the FAQ’s and web site descriptions for other important information on the services.) The rates and charges may be changed at any time without notice and it is up to the Customer to check the listed rates for such changes. Custom Toll Free may post notices of any rate changes on Customer’s invoices or on the account login page. Per minute rates shown are for one minute in U.S. dollars. All calls are billed in six-second increments with a 60-second minimum except International (non- U.S. and Canada) calls that are billed in one-minute increments. All call charges are rounded up to the nearest penny. It is customer’s responsibility to make sure their ring-to numbers are working numbers with sufficient call capacity. If unanswered calls to any Custom Toll Free number exceed 20% of Customer’s usage for that Custom Toll Free number, Custom Toll Free will charge a $0.03 per uncompleted call surcharge for every unanswered call in excess of 20%. Calls that are blocked by the customer on the Custom Toll Free interface will not be counted as unanswered calls – unanswered calls subject to this surcharge are only those calls that are busy, ring-no-answer or sent to a non-working number on the ring-to number. Customer is responsible for all calls made to the Custom Toll Free toll free and/or local numbers including but not limited to wrong number, telemarketing and fraud calls. All charges for services will be debited to the credit card provided by Customer. Payment for non-credit card, non-EFT accounts is due as provided in the Custom Toll Free Credit Application or 15 days after invoice whichever is sooner. If the credit card or other form of payment is denied, or if the account is otherwise past due, service may be disabled immediately and terminated if the payment is not made within five days of the due date or date upon which the credit card/EFT charge was attempted. Custom Toll Free shall not be liable for any accounts suspended or terminated for non-payment. Numbers on past-due, suspended, or terminated accounts cannot be ported. Any dispute or billing discrepancy must be submitted in writing via an email to Custom Toll Free within 60 days of Invoice. Customer agrees to pay interest at 18% per annum, or the maximum amount allowed by law, 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). Service will be rendered subject to credit approval by Custom Toll Free. Customer’s application for service, via the Internet, by fax or mail or Customer’s use of Custom Toll Free service attests to Customer’s agreement to pay invoices within the stated terms and conditions and Customer’s agreement with the terms and conditions herein.
Custom Toll Free has no control over the content of the information transmitted through its accounts. Custom Toll Free does not (i) represent or endorse the accuracy or reliability of any opinion, advice or statement made through a Custom Toll Free account, (ii) assume any liability for any harassing, offensive or obscene material distributed or received through a Custom Toll Free account, or (iii) assume any liability for any material distributed through a Custom Toll Free account which is distributed in violation of any third party’s copyright or other intellectual property right.
The Services may not be used for unlawful purposes and Customer agrees to comply with all applicable laws, regulations, or conventions including but not limited those related to data privacy, international communications, exportation of technical or personal data, junk fax and Do Not Call regulations. Customer is expressly prohibited from using the Services to transmit any unlawful, harmful, threatening, harassing, 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 not to use the service in any way that would interfere or impact Custom Toll Free’s network or service to other customers. Custom Toll Free reserves the right to suspend and/or terminate accounts for excessive busy/failure rates, if Customer’s use of service adversely impacts Custom Toll Free’s network or other customers or if Customer uses the service for in any unlawful, fraudulent, or harassing manner. Further Custom Toll Free reserves the right to terminate/suspend and/or refuse service to any Customer that Custom Toll Free finds morally objectionable or abusive to Custom Toll Free’s staff. Custom Toll Free will not disclose customer information to 3rd parties unless it has a good faith belief that such disclosure is necessary to comply with Court Order, Search Warrant, FCC regulations, or other legal process served upon Custom Toll Free.
Custom Toll Free will not be liable for any claim that arises out of its acting as a Responsible Organization, or where the Custom Toll Free service is not available after Custom Toll Free’s acceptance of this order, or where Customer is provided with a number(s) other than one(s) committed by Custom Toll Free. It is the responsibility of the Customer to check the Custom Toll Free number(s) to make sure they are assigned to the Customer’s account, they route to the proper ring-to number(s), and are working before advertising such number(s). Under no circumstances shall Custom Toll Free be responsible for consequential, indirect, direct, or special damages, (lost profits, marketing costs or otherwise) that result from interruptions of services, outages or inability to use services, lost recordings/voicemails/faxes and in any such event Custom Toll Free’s sole liability shall be to provide credit equal to the charges for the affected calls/services. The International numbers and local Custom Toll Free numbers may not support Fax and data transmissions at all times.
As a material inducement for Custom Toll Free to provide the services hereunder, Customer agrees that UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CUSTOM TOLL FREE 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. In the event of Custom Toll Free’s failure to provide service or provision of unsatisfactory service, for any reason whatsoever, Custom Toll Free’s sole liability shall be to provide credit equal to the charges for the affected calls/services.
CUSTOM TOLL FREE 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. CUSTOM TOLL FREE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
Toll-free numbers may be ported by Customer to another carrier subject to the charges set forth below. If Customer cancels a toll-free number or terminates service, the toll-free number may not be available to port if it has been released to the SMS pool or re-assigned to a new customer. It is Customer’s responsibility to port the toll-free number(s) prior to account cancellation. There are some vanity and premium numbers (marked on the website and upon sign-up) that are not portable and do not become the property of Customer. Most US Domestic numbers are portable the same as the toll-free numbers, however these numbers are provided by third party vendors and Custom Toll Free does not have complete control over the provisioning, use and portability of such numbers. The International local and international toll-free numbers are not portable unless Customer has really good contacts with foreign Telecoms. There is no fee to port toll-free numbers to Custom Toll Free. Local numbers may, in most cases, be ported to Custom Toll Free for $30 per number – this fee may be higher in some instances.
Customer shall defend, indemnify and hold harmless Custom Toll Free, its 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. Custom Toll Free shall give written notice of any such claim, action or demand within a reasonable time. Custom Toll Free shall be defended by attorneys of their choice at Customer’s expense.
The headings of the sections of this Agreement are inserted solely for convenience and are not intended to be part of, or affect the interpretation or meaning of this Agreement.
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. Provided however, Custom Toll Free may, at its sole option, bring a collection suit for any unpaid amount owed by Customer, in court in any state that has personal jurisdiction over Customer (residence state or state where customer is doing business).
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.
Customer may cancel service at any time. However there is a cancellation fee to port any Custom Toll Free toll-free or local number that has been in service less than 12 months – this is a $250 per number early cancellation fee. This fee will apply only if Customer requests to port a Custom Toll Free number to another carrier within the initial 12-month term of service for that particular number.(This fee is higher for certain shared vanity numbers as set forth on the Custom Toll Free web site). There is no fee(s) if Customer does not request to port the number(s) or if Customer originally ported the number to Custom Toll Free or if the customer does NOT have any term discounts. This agreement will remain in effect from the date the Order Form is submitted for all numbers that include a term discount. These Terms are accepted for the period of time specified by Customer in the Order Form and will automatically renew for subsequent periods equal to the period of time specified by Customer. Customer may terminate the services provided at any time for any or no reason by providing a phone call notice of termination to Custom Toll Free. If Customer does not provide cancelation notice to Custom Toll Free by phone to 1-855-800-3030 at least fifteen days (15) prior to the end of the then-current term, the plan will auto renew. In the event of termination pursuant to the immediately preceding sentence, Customer will be responsible for the remaining balance of the agreed to term contract, which is a reasonable estimate of Custom Toll Free’s likely damages as a result of Customer’s early cancellation of the services and is not a penalty. If customer is responsible for both the early cancellation fee and remaining term contract amount, Customer will be assessed the higher of the two fees.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO ANY SPECIFIC CUSTOM TOLL FREE SERVICE OR PRODUCT MAY BE FOUND ON THE WEB SITE AND ARE INCORPORATED HEREIN AS IF FULLY SET FORTH FOR THAT SERVICE OR PRODUCT
The following terms and conditions govern the provision of services and shared 800/888/877/866/855/844/833 toll free service (the “Services”) by Dial 800, LLC, a California corporation doing business as Custom Toll Free, or the agent of the foregoing (collectively, “CTF”) to the individual or entity that is placing this order for Services through the CTF website (“Customer” or “you”). By agreeing to these Service Order Terms and Conditions (the “Terms”), you authorize CTF to charge the credit card(s) you provide to CTF 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.”