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Terms and Conditions
24/7 Call Capture Service Agreement
Standard Terms and Conditions

This 24/7 Call Capture Service Agreement (“Agreement”) is entered into by and between 24/7 Call Capture, LLC, a Delaware company (“24/7”, “We” or “Us”) and Client whose name and address is entered into the Account Order Form by internet online registration (“Client” or “You”).

1.	Services:  We will provide you with the Services as described in the 24/7 Call Capture Account Order Form or as may be modified or improved from time to time by 24/7 at its reasonable discretion.

2.	Payment:  Service and billing begins the day the Service Agreement is signed. You will pay 24/7 the charges as may be applicable to your account and as billed to you by 24/7.  By opening an account with 24/7, you authorized 24/7 to automatically charge, on a monthly basis, your credit card account which it has on file from this Account Order Form and you agree to pay those charges as billed whether  the service is used or not.  An invoice will not be generated to you unless you request it from 24/7.  If you have any questions about your charges, 24/7 will work with you in good faith to answer your questions or resolve any billing problems you may encounter.  You agree to pay for the use of the Services on your account even if such use was not authorized by you.  You understand that 24/7 may suspend or terminate the Services if payment is not made when due.  If the Services are suspended or terminated for your non-payment, 24/7 may charge you a $100 re-instatement fee to resume the Services.

3.	Charges:  Your toll-free line is provided with your monthly fee; your monthly fee will depend on the call plan that you select when signing up for your account.  Call charges (both inbound and outbound) are $0.27 per minute billed in 6-second increments with no rounding-up.  Taxes and other telephone company or governmental fees may apply and will be added to your monthly charges.

4.	Concurrent Services:  You understand that callers to your toll-free line may generate multiple billable requests concurrently during the same call, such as an inbound caller who may plays your pre-recorded voice information, requests faxed information, requests call forwarding using 24/7’s Follow Me feature, and/or uses the direct connection feature to locate you on your cell or home phone.  Some calls may result in a simultaneous inbound call charge along with an outbound charge, on a per-minute basis, to your account.  Charges may be incurred whether or not the calls are completed.  If you have any questions about your charges, call 24/7 for more details.

5.	Lawful Use and Indemnity:  You agree to use the toll-free lines and the Services in a manner that does not violate any applicable state, federal or local laws, regulations or statutes and agree not to commit any acts which may cause any disruption to the Services or damage to 24/7’s services, website, software or equipment in any way.  You agree to indemnity, hold harmless and release 24/7 Call Capture, LLC and its employees, officers, owners, directors, shareholders, partners, agents, and contractors from any and all claims, suits, damages, attorneys’ fees and court costs of any kind resulting from your acts or omissions or use of the Services or by anyone you allow to use the Services.  This Agreement shall be construed and interpreted pursuant to the laws of the State of California, and the parties hereto submit and consent to the jurisdiction of the courts of the State of California, in the County of Los Angeles, including Federal Courts located therein, should Federal jurisdiction requirements exist, in any action brought to enforce (or otherwise relating to) this Agreement.

6.	Intellectual Property and Proprietary Technology:  Neither party to this Agreement shall, by entering into it, give or convey to the other any rights to the other party’s names, trademarks, service marks, logos, copyrights, business plans, models, technology, patents or any other thing or matter which may be considered to be proprietary to the owner.  24/7’s proprietary technology includes, but is not limited to, its computer database, software, methods of call capture, interactive voice response, automatic number identification, call forwarding, or other methods of voice or data gathering, storage, transfer, or retrieval, whether by voice, telephone, fax, computer, electronic or otherwise, all of which 24/7 considers to be proprietary, confidential and trade secrets.  All toll-free numbers and lines assigned by 24/7 to you is, and shall remain, the sole property of 24/7 even upon the termination of this Agreement and the Services provided you.  Any toll-free number(s) previously owned or held by you prior to entering into this Agreement, and such number(s) was transferred to 24/7 for use with the Services shall remain your property at all times, and upon termination of this Agreement, shall be re-transferred to you.  You may not, at any time during the term of this Agreement or after the termination hereof, resell your account or the Services, in whole or in part, to any other party.  You may not assign this Agreement.  24/7 may assign this Agreement at any time to a subsidiary or affiliated company.

7.	Limitation of Liability:  To the extent that is permitted by law, if 24/7 is liable to you, as adjudicated by a court of law, for negligence, willful misconduct, or a breach of this Agreement, 24/7 will be liable to you only for actual damages suffered by you but in no way will the damages exceed five (5) times the total fees paid by you to 24/7 for Services provided by it to you.  24/7 will not be liable to you for any indirect, incidental or consequential damages, including, but not limited to, loss of business or profits, regardless of whether such liability arises out of contract, tort, strict liability or otherwise.

8.	Termination:  The Services are provided to you on a month-to-month basis unless you have opted for a longer plan (e.g., a 1-Year Value Plan) and 24/7 may terminate the Services and the Agreement without cause or without prior notice.  If you wish to terminate the Services and the Agreement at any time, you may either send your written notice to 24/7 by facsimile at (818) 884-8648 or mail a letter to the 24/7 corporate office address at 21700 Oxnard St Ste 1730 Woodland Hills, CA. 91367 (with your full name, account number and password) requesting that your Services be terminated and your account will be closed within three (3) business days after receipt.  Once 24/7 terminates the Services and closes your account, your toll-free line(s) and password(s) will no longer be active and 24/7 shall not be liable for any advertisements or marketing costs using the number(s) for such toll-free lines.
					
9.	Notices:  24/7 may send you notices at your last known address.  You may send notices to 24/7 at its corporate offices located at:  21700 Oxnard St Ste 1730 Woodland Hills, CA. 91367.  24/7 may change the terms and conditions under which the Services are provided to you without prior written notice.  However, in the event that material changes are made to the Services due to improvements, enhancements, changing technology or laws, or due to reasons beyond 24/7’s reasonable control, 24/7 will notify you in writing of such changes, and you have the right to accept those changes or terminate this Agreement and Services in accordance with the termination provisions above.  If you continue to use the Services for ten (10) business days after receipt of any such notice, you will be deemed to have accepted the changes in the price or service.

10.	Binding Agreement; Authority:  By registering for your account and submitting your Account Order Form to 24/7, you represent that you have the authority to enter into this Agreement and to bind yourself and your company to the terms and conditions of this Agreement.  You further represent that you have printed a copy of this Agreement and have retained a copy of it for your files.

11.	Entire Agreement:  This Agreement contains all of the understandings and agreements of the parties, and there are no further agreements or understandings, written or oral, in effect between the parties relating to the subject matter of this Agreement or the Services.
Yes, I have read and agreed with the terms and conditions.
Customer Registration
