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| By subscribing to and/or using Kall8 services, you agree to the following terms and conditions: |
1. GENERAL. Rates and charges for
services provided are available at the Kall8 web
site. Service fees are in addition to usage
fees and represent charges for on-line enhanced data services. Read the
FAQ’s 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
Applicant to check the listed rates for such changes. 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
which are billed in one minute increments. All call charges are rounded up
to the nearest penny. All charges for services will be debited to the
credit card number provided by Applicant. If the credit card or other form
of payment is denied, service may be disabled immediately. PAYMENT MUST BE
MADE WITHIN FIVE DAYS OR SERVICE MAY BE IMMEDIATELY TERMINATED. Applicant
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). Applicant’s submission, via the Internet, by
fax or mail, of this Application attests to financial responsibility,
ability and willingness to pay invoices within the stated terms and
conditions. Service will be rendered subject to credit approval by Kall8.
Applicant shall not use any Kall8 services for any unlawful purpose and
shall use the Kall8 services in accordance with the instructions set forth
in the Product User Guide or website. |
2. Kall8 has no control over the
content of the information transmitted through its accounts. Kall8 does
not (i) represent or endorse the accuracy or reliability of any opinion,
advice or statement made through an Kall8 account, (ii) assume any
liability for any harassing, offensive or obscene material distributed or
received through an Kall8 account, or (iii) assume any liability for any
material distributed through an Kall8 account which is distributed in
violation of any third party’s copyright or other intellectual property
right. |
3. The Services may only be used
for lawful purposes. Applicant 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. Applicant 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. |
4. Applicant 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. |
5. LIMITATION OF LIABILITY. As a
material inducement for Kall8 to provide the services hereunder, Applicant
agrees that UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KALL8 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. |
6. KALL8 MAKES NO EXPRESS OR
IMPLIED WARRANTIES TO APPLICANT AS TO THE DESCRIPTION, QUALITY,
MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE GOODS OR
SERVICES PROVIDED. KALL8 EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF
FITNESS FOR A PARTICULAR PURPOSE. |
7. EFFECTS OF TARIFFS. 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. |
8. INDEMNIFICATION. Applicant shall
defend, indemnify and hold harmless Kall8, its officers, directors,
employees and agents from any breach of this Agreement, use of Applicant’s
account or in connection with the placement or transmission of any
message, information, software or other content using the Services. Kall8
shall give written notice of any such claim, action or demand within a
reasonable time. Kall8 shall be defended by attorneys of their choice at
Applicant’s expense. |
9. 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. |
10. LAW AND ARBITRATION. 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. |
11. SEVERABILITY. 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. |
12. NO WAIVER. 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. |
13. This order is for a minimum
12-month period and a $50 per number early cancellation fee will apply if
Applicant requests to port a Kall8 number to another carrier within the
initial 12-month term of service for that particular number unless such
number belonged to the Applicant prior to service with Kall8. (This fee is
higher for certain shared vanity numbers as set forth on the Kall8 web
site). Kall8 will not be liable for any claim that arises out of its
acting as a Responsible Organization or where the toll-free service is not
available after Kall8’s acceptance of this order, or where Applicant is
provided with a number or numbers other than one(s) committed by Kall8. It
is the responsibility of the Applicant to check the Kall8 numbers to make
sure they are assigned to the account of the Applicant and they route to
the proper ring-to numbers before advertising such numbers. Under no
circumstances shall Kall8 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, and Kall8’s sole liability shall be to provide credit equal to
the charges for the affected calls/services. In addition, Kall8 shall not
be liable for any accounts disconnected for non-payment. |
ADDITIONAL TERMS AND CONDITIONS
APPLICABLE TO ANY SPECIFIC KALL8 SERVICE OR PRODUCT MAY BE FOUND ON THE
WEB SITE AND ARE INCORPORATED HEREIN AS IF FULLY SET FORTH FOR THAT
SERVICE OR PRODUCT. |
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| Terms & Conditions | Resources Copyright © 1999 - 2012 Kall8. All rights reserved |
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