TERMS OF AGREEMENT
1. SERVICE: Wireless Cell Phone and Text Messaging service is available within the range of the Wireless Cell Phone or Text Messaging provider’s (Verizon, Sprint, T-Mobile, etc.) cell tower transmitters located in their designated coverage areas, which is subject to change without notice by such companies. Wireless Cell Phone and Text Messaging services are subject to transmission limitations caused by terrain, atmospheric and like conditions and availability of radio frequency channels. Tele-Messaging and Telephone Answering Services may be temporarily interrupted or curtailed due to equipment modification, upgrades, relocations, repairs, and/or similar activities necessary for the proper or improved operation of the service. Client (“Subscriber”) agrees that Global Messaging Network, Inc. (“GMN” or “we”, “us” or “our”) is not required to notify Subscriber and GMN’s active customer base/subscribers of any foregoing interruptions, suspensions, curtailments and/or failures, and that GMN has no liability for any damages or loss resulting therefrom. Client understands and agrees that while most calls are handled/serviced in California, some calls may be handled/serviced in the United States or the Americas.
2. SERVICE NUMBERS: Subscriber has no property rights in any GMN service phone numbers. GMN may assign, designate, or change such number when, in its’ sole discretion, it is reasonably necessary in the conduct of its business to do so without liability to subscriber. Subscriber may not advertise any telephone number which terminates/rings into the GMN telephone answering system on television, radio or via any e-mail or electronic means without the prior written consent of GMN. GMN reserves the right to throttle or suspend service without notice should such event occur.
3. TERM: The term of this agreement shall commence upon service activation based on the billing start date to subscribers’ Tele-Messaging and Telephone Answering Service, and shall continue for a minimum period of three (3) months. This agreement shall be automatically renewed after the initial term hereof for successive periods of one month, until terminated by either party by notice to the other party given as provided in Paragraph 9.
4. PAYMENT OF CHARGES: Subscription fees and/or monthly charges shall be paid to GMN in advance of the initial term or any successive term hereof. Any other charges not included in such payments, such as charges for minutes in excess of the minimum specified on the face hereof, shall be paid by subscriber immediately upon receipt of a statement thereof.
5. DISCLAIMER OF WARRANTY: GMN MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE TELE-MESSAGING, TELEPHONE ANSWERING SERVICE, WIRELESS CELL PHONE RECEPTION/COVERAGE AND TEXT MESSAGING SERVICES, INCLUDING ANY IMPLIED WARRANTY OF THE MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
6. RELEASE AND INDEMNIFICATION: GMN shall not be liable to subscriber or any third party for any losses or damages, whether direct, consequential or incidental, whether directly or indirectly caused by performance or nonperformance of GMN or its subcontractors, agents or employees, or by malfunction of any equipment. Subscriber shall hold GMN harmless against any and all claims, actions, suits, proceedings, expenses, damages and costs (including reasonable attorney’s fees), and all other liabilities arising out of or in connection with the Wireless Cell Phone, Text Messaging, Tele-Messaging and Telephone Answering Service, regardless of cause.
7. FORCE MAJEURE: GMN shall not be liable for any interruptions in providing service hereunder caused by equipment or electrical failure, computer malfunction, strikes, riots, war, governmental acts, fire, acts of God, or any other event beyond the control of GMN, and GMN will not be required to furnish service to subscriber while any such events exist.
8.DEFAULTS: If subscriber fails to pay any amount hereunder by the due date (10th of the month) and such failure continues unremedied for a period of fifteen (15) days, or if subscriber fails to perform any of its other obligations hereunder and such failure continues unremedied for a period of fifteen days after notice thereof is given by GMN to subscriber, then GMN shall have the right to exercise any one or more of the following remedies:
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- terminate this agreement
- declare the entire amount remaining unpaid hereunder for the balance of the term hereof at once due and payable without notice or demand;
- sue for and recover all payments then accrued or thereafter accruing with respect to the equipment and/or services
- pursue any other remedy available at law or in equity, including the suspension of service to subscriber. Subscriber agrees to pay GMN amount equal to all costs and expenses incurred to enforce any or all of the above including, but not limited to, reasonable attorney’s fees incurred in enforcing its rights after a default by subscriber.
- debit the entire balance due without further notice, from subscriber’s checking account via check draft, electronic means or any other legal means.
- Global Messaging Network, Inc. is authorized to charge my bank checking account as if I had personally signed a check to Global Messaging Network, Inc. for any outstanding monies owed to Global Messaging Network, Inc that are not paid by the end of each billing cycle.
- Global Messaging Network, Inc. is authorized to charge my credit card account for any outstanding monies owed to Global Messaging Network, Inc that are not paid by the end of each billing cycle.
9. NOTICES: Subscriber shall give GMN thirty (30) days advance written notice of cancellation of service. Failure to provide such notice shall result in the continuation of all charges until termination of the next full thirty (30) day period after such appropriate notice is given. All notices hereunder shall be in writing via e-mail, fax or USPS Mail and shall be deemed delivered when personally sent/served or when deposited in the United States mail, 1st class postage prepaid, addressed to the party for whom it is intended at such party’s mailing address on the reverse hereof, or to such other address as either party may designate by notice to the given in accordance with this section.
10. ASSIGNABILITY: This agreement may be assigned by GMN but may not be assigned by subscriber without the express prior written consent of GMN.
11. REMEDIES AND SEVERABILITY: All rights and remedies of GMN hereunder are cumulative and may be exercised concurrently or separately. If any provision of this agreement, or the application of any person or circumstance, shall be held invalid, the remainder of this agreement, or the application thereof to persons or circumstances other than those as to which it is held invalid, shall remain in full force and effect.
12. GOVERNING LAW: This agreement shall be governed by and construed in accordance with the laws in the State of California.
13. DATA CAPTURE: Due to the nature of oral communication, we cannot guarantee 100% capture of correct telephone numbers, spelling of names and other data. A best effort is made on each call to capture accurate information. Phonetic spelling may sometime be used.
