| |
IMPORTANT - READ CAREFULLY BEFORE PROCEEDING
READ THE TERMS AND CONDITIONS OF
THIS AGREEMENT CAREFULLY PRIOR TO CLICKING "I agree".
BY INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
CONTAINED IN THIS AGREEMENT, YOU (the "Subscriber")
ACKNOWLEDGE AND AGREE TO BE BOUND BY THE PROVISIONS
OF THIS AGREEMENT FOR THE USE OF VOICESHOT SERVICES
("Services", "Service"). IF Subscriber
IS NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS
OF THIS AGREEMENT, OR IF THE Subscriber IS NOT OF AGE,
OR IS OTHERWISE UNABLE BY LAW TO BE A PARTY TO THIS
AGREEMENT, THE Subscriber SHOULD PROMPTLY EXIT FROM
THIS WEB SITE. VOICESHOT RESERVES THE RIGHT TO DISCONTINUE
SERVICES IN THE EVENT Subscriber DOES NOT OTHERWISE
COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN.
1. GRANT OF RIGHTS TO USE SERVICES
- Effective upon acceptance of this Agreement, VoiceShot hereby
grants to Subscriber a nonexclusive, nontransferable, free-of-charge license
to access and use the Services, for Subscriber's use.
- Subscriber shall have no right to sell use of the Services
nor make any claim that it does have such right.
- The Services will allow Subscriber to perform various functions
sending prerecorded audio/voice/text messages to predetermined phone numbers.
- The Service will allow Subscriber to perform various functions
setting up various pre-recorded audio voice messages and menu options that
would allow callers to listen and respond to various voice prompts.
- Subscriber is solely responsible for obtaining all equipment
and approvals necessary for connection to the World Wide Web and all charges
associated with such connection to the World Wide Web and phone service charges.
2. SUBSCRIBER REGISTRATION
- Subscriber will provide all relevant data to VoiceShot
upon signing up for the Services and at subsequent
times as requested by VoiceShot.
- VoiceShot sends all new Subscribers a welcoming
email to verify their email address. Subscribers
will occasionally receive information on products,
services, special offers, and a newsletter. Any
emails containing information on special offers will
contain unsubscribe information, and Subscriber may
opt-out of all future special offer emails at any
time.
- Subscriber acknowledges that VoiceShot may distribute
registration data to third parties, provided, however,
Subscriber's name, address (home and email) and telephone
number will not be distributed. Subscriber further
acknowledges that VoiceShot may make available to
third parties any and all registration information
(1) for the purposes of marketing VoiceShot Services,
(2) as may be required by law, or (3) in the event
Subscriber grants VoiceShot the right to provide that
information.
- Subscriber acknowledges that Subscriber is at least
18 years in age and that the Subscriber has the legal
authority to enter into this agreement.
- Subscriber agrees to provide and maintain true,
accurate, current and complete information about himself/herself.
- Subscriber shall update the registration data as
applicable.
- Upon completion of all registration information
and acceptance of this Agreement, Subscriber will
establish a UserName and Password if Subscriber has
not already done so.
- Subscriber is solely responsible for maintaining
the confidentiality of Subscriber's UserName, Password,
Mailbox Numbers and Personal Identification Number
(PIN).
- Subscriber shall not give account information to
third parties and shall at all times be responsible
and liable for any transactions or activities that
originate from Subscriber's account.
- Subscriber shall immediately notify VoiceShot if
any unauthorized use of Subscriber's account has occurred
or of any other breach of security.
- Please refer to our Privacy Policy for more details.
- Subscriber understands and agrees that Subscriber
and, if applicable, Subscriber's company will assume
all financial responsibilities for use of VoiceShot
services originating from Subscriber's account by
Subscriber or others.
- Subscriber is solely responsible for any and all
activity that occurs with respect to Subscribers account
including but not limited to initiating inbound and
or outbound prerecorded audio/voice/text messages,
contact list data, and message content.
3. VOICESHOT'S RIGHTS
- VoiceShot shall retain all right, title and interest to the
Services including all copyrights, trademarks and all other intellectual property
right there to.
- Subscriber may not, nor allow any third party, to copy, distribute,
sell, disclose, lend, transfer, convey, modify, decompile, disassemble or
reverse engineer the Services and no use of trademarks is granted under this
Agreement.
- The copyright notices and other proprietary legends shall
not be removed from the Services and no use of trademarks is granted under
this Agreement.
- Subscriber may not grant any sub-license, leases or other
rights in the Services to any third party. All rights not expressly granted
under this Agreement are retained by VoiceShot.
4. TERMINATION
- Either party may terminate this Agreement upon notice to
the other party.
- VoiceShot reserves the right to suspend, deny or terminate
Subscriber's Service if VoiceShot, at its sole discretion, believes Subscriber
is using or plans to use VoiceShot Services in a manner that is unlawful,
abusive, prohibited by the VoiceShot Terms of Service or if Subscriber's use
or planned use of VoiceShot Services creates or could create a potential adverse
impact to VoiceShot's ability to provide Service to others.
- Upon termination, Subscriber shall immediately cease to use
the Services and VoiceShot shall have no further obligations whatsoever to
Subscriber.
- VoiceShot shall not be liable to the Subscriber or any third
party for any reason for VoiceShot terminating this Agreement.
5. LIMITATION OF LIABILITY
- In no event shall VoiceShot be liable to Subscriber or any
third party for special, indirect, incidental or consequential damages whether
arising under contract, warranty, or tort (including negligence or strict
liability) or any other theory of liability. VoiceShot's liability for damages,
regardless of the form of the action, shall not exceed the license fee paid
by Subscriber for the Services, if any. The limitation of liability reflects
the allocation of risk between the parties. The limitations specified in this
Section will survive and apply even if any limited remedy specified in this
Agreement is found to have failed of its essential purpose.
6. WARRANTY DISCLAIMER
- The Services licensed hereunder are licensed "as is"
and "as available" and VoiceShot makes no warranties, express or
implied, including but not limited to the implied warranties of merchantability
and fitness for a particular purpose and any similar warranty whether said
warranty arises under provisions of any law of the United States or any state
thereof. VoiceShot makes no representations or warranties that the Services
are free of rightful claims of any third party for infringement of proprietary
rights. The entire risk associated with the use of the Services shall be borne
solely by Subscriber.
- VoiceShot makes no warranty that the Services will meet Subscriber's
requirements, or that the Services will be uninterrupted, timely, secure,
error free or that any defects in the Services will be corrected.
- VoiceShot does not make any warranty pertaining to any goods
or Services purchased, obtained, secured or acquired through the Services
or any transaction entered into through the Service.
- VoiceShot does not warrant the accuracy or reliability of
the results obtained through use of the Services or any data or information
downloaded or otherwise obtained or acquired through the use of the Services.
Subscriber acknowledges that any data or information downloaded or otherwise
obtained or acquired through the use of the Services are at Subscriber's sole
risk and discretion and VoiceShot will not be liable or responsible for any
damage to Subscriber or Subscriber's property.
- Subscriber will not rely on any representation or warranty
implied or expressed by any persons other than an authorized member of VoiceShot
LLC with regards to VoiceShot products and Services.
7. RETURN POLICY
- VoiceShot offers a 30 day satisfaction guarantee. This
means the following: if the user can provide proof that (1) any call was not
actually delivered but was reported as delivered and the user's account was
debited for the call or (2) the call was delivered more than the number of
times the phone number appeared in the call list used and the user's account
was debited for the calls, VoiceShot will credit or refund the amount pertaining
to the call(s) in dispute. VoiceShot has 30 days from the date of the notification
of the dispute to resolve the dispute. All disputes must be in writing and
emailed to support@voiceshot.com.
8. INDEMNIFICATION
- Subscriber shall indemnify and hold harmless VoiceShot, its
directors, officers, employees and agents from and against all liabilities,
losses, costs, expenses (including reasonable attorneys' fees), and damages
resulting from any negligent acts, omissions or misconduct by Subscriber,
Subscriber's use of the Services and any breach of the terms and conditions
of this Agreement by Subscriber including any violation of this Agreement
by Subscriber or any other person using Subscribers account including but
not limited to any violation of any federal or state laws or regulations including
but not limited to any violation of any federal, state, or local laws or rules
regulating or prohibiting the transmission of pre-recorded phone calls or
text messages.
9. MODIFICATION TO SERVICES
- During the term of this Agreement, VoiceShot may modify or
discontinue the Services.
- VoiceShot shall not be liable to the Subscriber or any third
party for any reason for VoiceShot's modifying or terminating of such Services.
- The Subscriber is responsible for creating a back-up copy
of any important or critical information that is stored on the Service prior
to storing on the VoiceShot system.
10. MODIFICATION TO AGREEMENT
- VoiceShot may automatically amend this Terms of Service Agreement
at any time by (i) posting a revised agreement on the VoiceShot website, or
(ii) sending information regarding the Terms of Service amendment to the email
address Subscriber provides to VoiceShot. Subscriber is responsible for regularly
reviewing the VoiceShot website to obtain timely notice of such amendments.
Subscribers will be deemed to have accepted the amended VoiceShot Terms of
Service Agreement if Subscriber continues to use VoiceShot Service after such
amended Terms of Service have been posted or information regarding such amendment
has been sent to Subscriber. Otherwise, this Terms of Service Agreement may
not be amended except in writing signed by both parties.
11. RULES AND REGULATIONS
VoiceShot may set numerical limits to
the amount of transactions a Subscriber may send through
the Services. Subscriber agrees to abide by all applicable
local, state, federal, national and international laws
and regulations and is solely responsible for all acts
or omissions that occur under Subscriber's UserName
and Password, including the content of Subscriber's
transmissions through the Service. By way of example,
and not as a limitation, Subscriber agrees not to:
- Use the Service in connection with the delivery
or transmission of unsolicited messages (commercial
or otherwise) or spamming.
- Create a false identity, caller id, or forged email
address, or otherwise attempt to mislead others as
to the identity of the sender or the origin of the
message.
- Impersonate any other person or entity or misrepresent
your affiliation with any other person or entity.
- Use the Services to create or distribute
any images, sounds, messages or other materials, which
are obscene, harassing, racist, malicious, fraudulent
or libelous, nor use the Services for any activity
that may be considered or are unethical, immoral,
or illegal.
- Transmit through the Service unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind or
nature.
- Transmit any material that may infringe the intellectual
property rights or other rights of third parties,
including trademark, copyright or right of publicity.
- Transmit any material that contains viruses, trojan
horses, worms, time bombs, cancelbots, or any other
harmful or deleterious programs.
- Violate any U.S. law regarding the transmission
of technical data or software exported from the United
States through the Service.
- Interfere with or disrupt networks connected to
the Service or violate the regulations, policies or
procedures of such networks.
- Attempt to gain unauthorized access to the Service,
other accounts, computer systems or networks connected
to the Service, through password mining or any other
means.
- Interfere with another member's use and enjoyment
of the Service or another entity's use and enjoyment
of similar services.
- UNLIMITED USE DOES NOT MEAN UNREASONABLE USE. Subscriber
may not use VoiceShot services in a manner that may
interfere with other VoiceShot Subscriber's use of
VoiceShot services or disproportionately impact VoiceShot's
resources. If we determine, at our sole discretion,
that the Subscriber's use of VoiceShot services is
in violation of the VoiceShot Terms of Service, or
in any other manner that we deem to be unreasonable
or excessive, then we may interrupt or terminate Subscriber's
service, decline to renew Subscriber's service, or
offer Subscriber a different service plan. Notwithstanding
the foregoing, VoiceShot reserves the right to deny
service or cancel existing service to anyone for any
reason at any time, at VoiceShot's sole discretion.
Further, Subscriber will abide by all rules, regulations, procedures
and policies of VoiceShot and any policies of the networks connected to the
Services.
12. COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS
- Subscriber shall be fully and solely liable for
any prerecorded audio, voice transmissions, and text messages sent through
the Service and fully responsible for compliance with applicable law. Subscriber
acknowledges that VoiceShot has no involvement in the acquisition or development
of Subscribers call list(s) or control over the content of any transmission
or the destination such transmission will be sent nor will VoiceShot be liable
for such content.
- Subscriber is fully and solely responsible to be aware of,
understand, and comply with all of the rules and regulations applicable to
Subscriber's use of VoiceShot Service including but not limited to Federal
Trade Commission rules and regulations, Federal Communication Commission rules
and regulations, National Do Not Call Registry rules and regulations and individual
state Do Not Call rules and any applicable individual state or local regulations,
Controlling the Assault of Non-Solicited Pornography and Marketing Act, along
with any other federal, state, or local laws that may be applicable to Subscribers
use of VoiceShot Service. Subscriber agrees not to violate these, or any other
federal, state, or local law and represents and warrants that Subscribers
use of VoiceShot will not cause VoiceShot to violate these or other similar
laws.
- Subscriber understands that the Federal Trade Commission
Telemarketing Sales Rule prohibits the transmission of pre-recorded phone
calls that are part of a plan, program or campaign which is conducted to induce
the purchase of goods or services or charitable contributions. The Federal
Trade Commission Telemarketing Sales Rule provides that calls may be permissible
provided calls are placed only to consumers who have provided their prior
expressed signed written consent to receive such calls. Use of VoiceShot Service
for the delivery or transmission of pre-recorded phone calls that are part
of a plan, program or campaign which is conducted to induce the purchase of
goods or services or charitable contributions not in compliance with applicable
law is strictly prohibited. Notwithstanding the language contained in this
paragraph calls initiated and placed by the Subscriber specifically to consumers
who have provided the Subscriber with their prior expressed signed written
consent to receive such calls as provided by the Federal Trade Commission
Telemarketing Sales Rule at 16 CFR Part 310 and any amendments thereof shall
not be deemed prohibited. Subscriber understands that compliance with federal,
state and local law is solely the responsibility of the Subscriber.
- Subscriber understands and agrees that if Subscribers use
of VoiceShot Service includes initiating or receiving telephone calls to or
from customers or donors then Subscriber shall comply with all applicable
federal, state and local laws including but not limited to laws pertaining
to telemarketing.
- Subscriber is fully and solely responsible to be aware of,
understand, and comply with the anti-solicitation provisions of the Federal
Telephone Consumer Protection Act of 1991, and any amendments thereto, at
47 U.S.C. § 227, the Federal Communications Commission implementing regulations,
at 47 CFR § 64.1200 et seq., the Federal Trade Commission’s Telemarketing
Sales Rule at 16 CFR Part 310 and any amendments and any similar laws, the
Controlling the Assault of Non-Solicited Pornography and Marketing Act and
any other similar laws. Subscriber agrees not to violate these, or any other
applicable federal, state, or local anti-solicitation laws, and represents
and warrants that its use of VoiceShot Service will not cause VoiceShot to
violate these or other similar laws.
- Subscriber agrees that it is the sole responsibility of the
Subscriber to abide by any laws defined by the State or Federal Government
in which Services will be applicable. Subscriber understands and agrees that
VoiceShot will not be held responsible for damages to the Subscriber or any
third party incurred due to Subscriber's failure to abide by state and/or
federal laws and will seek indemnification from Subscriber for damages it
sustains from Subscriber’s breach of this provision as per Section 8 of this
document. Please refer to the Telephone Consumer Protection Act of 1991,
the Telemarketing Sales Rule, the Controlling the Assault of Non-Solicited
Pornography and Marketing Act. You may visit the Federal Communications Commission
website at http://www.fcc.gov
and the Federal Trade Commission website at http://www.ftc.gov and or refer to the appropriate State Attorney
General’s office or other applicable offices for rules and or regulations
pertaining to your intended application and use of the Service.
13. THIRD PARTY ADVERTISER
- Subscribers may enter into transactions with advertisers
on the Services.
- Such transactions are between Subscriber and advertisers
and VoiceShot has no connection with any such transaction.
- VoiceShot assumes no liability for any such transactions.
14. ADDITIONAL TERMS AND CONDITIONS FOR VOICESHOT MONTHLY RECURRING
SERVICE
- Subscriber may not transfer, port, sell, assign
or make any claim that it has the right to do so with
regard to any VoiceShot Local or Toll Free Number
or Account.
15. PAYMENT FOR RECURRING SERVICES
- All charges for recurring VoiceShot Service will be charged to the credit
card number Subscriber provided when signing up for VoiceShot recurring Services
or the most current credit card number provided by Subscriber for payment
of VoiceShot recurring Services.
- In the event credit card or other form of payment is denied, VoiceShot
may discontinue Service immediately. Payment must be made within
5 business days or Service may be terminated and a $50 cancellation fee will
apply.
16. CANCELLATION OF RECURRING SERVICE
- Subscriber's recurring account Service including but not limited to, Developer IVR, Local Number, Toll
Free Number, Appointment Reminder, Group Text Messaging and Urgent Alert Service may be canceled by Subscriber
submitting an immediate online
cancellation request for which any applicable additional minute or additional text message usage
charges will apply.
17. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO SPECIFIC SERVICE
OFFERINGS
- VoiceShot offers do it yourself pre-paid non refundable
outbound phone call alert and text message notification
Service as well as various recurring monthly inbound
and/or outbound Service plans which include a pre-paid,
non-refundable monthly fee typically based on a predetermined
amount of included phone call minutes and or text
messages, a Service fee, and charges for additional
per minute and or additional per text message fees
for additional usage. VoiceShot also offers local
and toll free numbers and additional Services including
but not limited to enhanced security and storage which
is billed on a monthly recurring basis. Detailed descriptions
of VoiceShot Services are posted at the VoiceShot
website. The following additional terms and conditions
apply to but are not limited to the specific service
offerings described below.
A. VOICESHOT OUTBOUND
- The domestic and international Outbound
Rates are posted at the VoiceShot website.
- Calls are billed in 60 second increments.
- VoiceShot charges for successfully delivered calls.
A call shall be deemed successfully delivered when
the number called is answered. There is no charge
for Outbound phone calls that result in a no answer,
busy or disconnected call.
- VoiceShot Outbound Service is a non-refundable,
non-returnable, non-exchangeable, non-transferrable,
prepaid Service. All purchases are final. Unused
balances are non-refundable.
- Unused balances do not expire.
- Subscriber accounts allow for the storage of a maximum
of 10 call lists and a maximum of 15 sound files at
no cost. Additional storage is available at a cost.
- Free storage is offered at no cost to all active
Outbound Subscriber accounts. Active Subscriber accounts
are accounts that have (1) used the Outbound Service
for successful paid Outbound call delivery within
the past 90 calendar days or (2) are subscribers of
VoiceShot recurring service. Non-active Subscriber
accounts are accounts that have not used the Outbound
service for successful paid Outbound call delivery
for a period of time that is greater than 90 calendar
days and are not subscribers of VoiceShot recurring
service.
- Non-active Subscriber accounts will incur a $9.00
per month storage fee. The storage fee for non-active
Subscriber accounts will be deducted from Subscriber’s
Outbound account balance on a monthly basis. In the
event Subscriber’s available Outbound account balance
is less than $9.00, VoiceShot will deduct and apply
the amount available as full payment towards the following
month’s storage fee.
- Subscriber has the option to select to call only
landlines or call only cell phones. By selecting to call
only cell phones or call only landlines, Subscriber agrees
that 1) VoiceShot does not own the data used to determine
if a phone number belongs to a landline or a cell phone,
(2) this data is only as accurate as the data that exists
in the applicable records as input by telecommunication
services providers, (3) the Subscriber agrees to release
and hold VoiceShot harmless from any damages sustained for
any reason including but not limited to calls being delivered
incorrectly or not at all and (4) Subscriber will be billed an
additional $0.06 for each number on subscribers call list.
- Non-active Subscriber accounts that have no available
Outbound account balance will have no storage capabilities
and all Subscriber information will be deleted. Subcriber
information that will be deleted includes but is not
limited to campaigns, call list(s), and sound files.
- Subscriber has the option to purchase a Toll Free Automated
Opt Number. Subscriber understands that TOLL FREE AUTOMATED OPT OUT
is offered on (1) a prepaid term basis for a predetermined time
period which includes an expiration date after which service is
terminated or (2) on a prepaid monthly recurring basis.
- Subscriber is strictly prohibited from using VoiceShot
Service in connection with the delivery or transmission
of unsolicited messages, commercial or otherwise or
for spamming.
- Subscriber shall be fully and solely liable for
any prerecorded audio, voice transmission and fully
responsible for compliance with applicable federal,
state and local laws including but not limited to
federal, state and/or local laws or rules regulating
or prohibiting the transmission of prerecorded phone
calls.
B. TOLL FREE AUTOMATED OPT OUT
- The Toll Free Automated Opt Out Prepaid Term and Prepaid
Monthly Rate Plans
are posted at the VoiceShot website.
- Calls are billed in 60 second increments.
- Subscriber understands that TOLL FREE AUTOMATED OPT OUT
is offered on (1) a prepaid term basis for a predetermined
time period which includes an expiration date after which
service is terminated or (2) on a prepaid monthly recurring
basis.
- Monthly Recurring charges and applicable Service charges
are prepaid on a monthly basis.
- Excessive additional minute usage is subject to review by
VoiceShot. VoiceShot at its sole discretion reserves the right
to offer Subscriber an alternative Service plan that would
prevent excessive additional minute usage and reserves the
right to place limitations on additional minute usage.
- Subscriber is strictly prohibited from using VoiceShot Service
in connection with the delivery or transmission of unsolicited
messages, commercial or otherwise or for spamming.
C. GROUP TEXT MESSAGING
- The Group
Text Messaging Monthly Rate Plan is posted at
the VoiceShot website.
- Charges apply to each text message sent and received
- A $10.00 monthly Text Messaging Service fee is applicable.
- Monthly recurring charges and applicable Service
charges are prepaid on a monthly basis.
- VoiceShot Group Text Messaging Service is a non-refundable,
non-returnable, non-exchangeable, non-transferrable,
prepaid Service. All purchases are final. Unused
balances are non-refundable. Unused balances
do not expire.
- Upon cancellation of the Group Text Messaging monthly
rate plan, Subscriber's account will be subject to,
but not limited to the terms and conditions applicable
to the VoiceShot Outbound Service offering including
but not limited to the storage limitations of VoiceShot
Outbound as described in section
17. A. of the VoiceShot Terms of Service Agreement.
- The domestic and international Outbound Call Rates
are posted at the VoiceShot website.
- Outbound calls are billed in 60 second increments.
- VoiceShot charges for successfully delivered calls.
A call shall be deemed successfully delivered when
the number called is answered. There is no charge
for outbound phone calls that result in a busy, no
answer, or disconnected call.
- VoiceShot Outbound Service is a non-refundable,
non-returnable, non-exchangeable, non-transferrable,
prepaid Service. All purchases are final. Unused balances
are non-refundable. Unused balances do not expire.
- Subscriber is strictly prohibited from using VoiceShot
Service in connection with the delivery or transmission
of unsolicited messages, commercial or otherwise or
for spamming.
- The transmission of text messages for sales solicitation,
advertising and/or marketing purposes is strictly
prohibited.
- Subscriber shall be fully and solely liable for
any prerecorded audio, voice transmission and/or text
message transmission and fully responsible for compliance
with applicable federal, state and local laws including
but not limited to federal, state and/or local laws
or rules regulating or prohibiting the transmission
of prerecorded phone calls and/or text messages.
D. VIRTUAL PHONE SYSTEM (formerly VIRTUAL RECEPTIONIST)
- The Virtual
Phone System Monthly Rate
Plans are posted at the VoiceShot website.
- Calls are billed in 60 second increments
- A $9.00 monthly Service fee is applied to each
additional toll free number.
- Monthly Recurring charges and applicable Service
charges are prepaid on a monthly basis.
- Additional minute usage is billed the month following
the month additional minute usage occurred.
- Inbound International toll free calls from Canada
are billed as additional minutes at the rate displayed
at the VoiceShot website.
- Excessive additional minute usage is subject to
review by VoiceShot. VoiceShot at its sole discretion
reserves the right to offer Subscriber an alternative
Service plan that would prevent excessive additional
minute usage and reserves the right to place limitations
on additional minute usage.
- Subscriber understands and agrees that in the event
additional minute usage exceeds Subscriber's monthly
recurring charge by one or both of the following (1)
$500; or (2) 100% of Subscriber's monthly recurring
charge; VoiceShot, at its sole discretion, may charge
Subscribers credit card for all outstanding charges.
In the event that the credit card issuer (1)
declines any charges; or (2) requests return of payments
previously made to VoiceShot, VoiceShot reserves the
right to terminate or suspend Service without prior
notice.
- Inbound calls that result in a Live Call Transfer
require a second phone call and are subject to posted
rates unless otherwise noted.
- Subscriber is strictly prohibited from using VoiceShot
Service in connection with the delivery or transmission
of unsolicited messages, commercial or otherwise or
for spamming.
E. TOLL FREE
- The Toll
Free Monthly Rate
Plans are posted at the VoiceShot website.
- Calls are billed in 60 second increments.
- A $9.00 monthly Service fee is applied to each
additional toll free number.
- Monthly Recurring charges and applicable Service
charges are prepaid on a monthly basis.
- Additional minute usage is billed the month following
the month additional minute usage occurred.
- Inbound International toll free calls from Canada
are billed as additional minutes at the rate displayed
at the VoiceShot website.
- Excessive additional minute usage is subject to
review by VoiceShot. VoiceShot at its sole discretion
reserves the right to offer Subscriber an alternative
Service plan that would prevent excessive additional
minute usage and reserves the right to place limitations
on additional minute usage.
- Subscriber understands and agrees that in the event
additional minute usage exceeds Subscriber's monthly
recurring charge by one or both of the following (1)
$500; or (2) 100% of Subscriber's monthly recurring
charge; VoiceShot, at its sole discretion, may charge
Subscribers credit card for all outstanding charges.
In the event that the credit card issuer (1)
declines any charges; or (2) requests return of payments
previously made to VoiceShot, VoiceShot reserves the
right to terminate or suspend Service without prior
notice.
- Inbound calls that result in a Live Call Transfer
require a second phone call and are subject to posted
rates unless otherwise noted.
- Subscriber is strictly prohibited from using VoiceShot
Service in connection with the delivery or transmission
of unsolicited messages, commercial or otherwise or
for spamming.
F. VOICESHOT DEVELOPER IVR API
- VoiceShot
Developer IVR API Monthly Rate
Plans are posted at the VoiceShot website.
- Monthly Recurring charges and applicable Service
charges are prepaid on a monthly basis.
- Outbound call rates to destinations other then the
continental US and Canada are posted at the VoiceShot
website.
- Outbound IVR API calls to destinations other than
the continental US and Canada are not treated as included
plan minutes and are billed as additional minutes.
- VoiceShot charges for inbound calls and successfully
delivered outbound calls. A call shall be deemed successfully
delivered when the number called is answered. There
is no charge for outbound phone calls that result
in a no answer, busy or disconnected call.
- Calls are billed in 60 second increments.
- A $10.00 monthly Service fee is applied to each
local and toll free number.
- Additional minute usage is billed the month following
the month additional minute usage occurred.
- Inbound international toll free calls from Canada
are billed as additional minutes at the rate displayed
at the VoiceShot website.
- Excessive additional minute usage is subject to
review by VoiceShot. VoiceShot at its sole discretion
reserves the right to offer Subscriber an alternative
Service plan that would prevent excessive additional
minute usage and reserves the right to place limitations
on additional minute usage.
- Subscriber understands and agrees that in the event
additional minute usage exceeds Subscriber's monthly
recurring charge by one or both of the following (1)
$500; or (2) 100% of Subscriber's monthly recurring
charge; VoiceShot at its sole discretion may charge
Subscribers credit card for all outstanding charges.
In the event that the credit card issuer (1)
declines any charges; or (2) requests return of payments
previously made to VoiceShot, VoiceShot reserves the
right to terminate or suspend Service without prior
notice.
- Inbound and Outbound phone calls that result in
a Live Call Transfer require a second phone call and
are subject to posted rates unless otherwise noted.
- Subscriber is strictly prohibited from using VoiceShot
Service in connection with the delivery or transmission
of unsolicited messages, commercial or otherwise or
for spamming.
- Subscriber shall be fully and solely liable for
any prerecorded audio, voice transmission and fully
responsible for compliance with applicable federal,
state and local laws including but not limited to
federal, state and/or local laws or rules regulating
or prohibiting the transmission of prerecorded phone
calls.
G. VOICESHOT DEVELOPER IVR API TEXT PLAN
- Developer
IVR API Text Monthly Rate
Plans are posted at the VoiceShot website.
- A $10.00 monthly Service fee is applied to each
text message rate plan.
- Charges apply to each text message sent and received
- Monthly Recurring charges and applicable Service
charges are prepaid on a monthly basis. Additional
text message usage is billed the month following the
month additional message usage occurred.
- Subscriber understands and agrees that in the event
additional text message usage exceeds Subscriber's
monthly recurring charge by one or both of the following
(1) $500; or (2) 100% of Subscriber's monthly recurring
charge; VoiceShot at its sole discretion may charge
Subscribers credit card for all outstanding charges.
In the event that the credit card issuer (1)
declines any charges; or (2) requests return of payments
previously made to VoiceShot, VoiceShot reserves the
right to terminate or suspend Service without prior
notice.
- Subscriber is strictly prohibited from using VoiceShot
Service in connection with the delivery or transmission
of unsolicited messages, commercial or otherwise or
for spamming.
- The transmission of text messages for sales solicitation,
advertising and/or marketing purposes is strictly
prohibited.
- Subscriber shall be fully and solely liable for
any text message transmission and fully responsible
for compliance with applicable federal, state and
local laws including but not limited to federal, state
and/or local laws or rules regulating or prohibiting
the transmission of text messages.
H. URGENT ALERT
- The Urgent
Alert Monthly Rate
Plans are based on the Subscribers recipient list
size and are posted at the VoiceShot website.
- The domestic and international Outbound Call Rates
are posted at the VoiceShot website.
- Outbound calls are billed in 60 second increments.
- VoiceShot charges for successfully delivered calls.
A call shall be deemed successfully delivered when
the number called is answered. There is no charge
for outbound phone calls that result in a busy, no
answer, or disconnected call.
- Urgent Alert Outbound Call Service is a non-refundable,
non-returnable, non-exchangeable, non-transferrable,
prepaid Service. All purchases are final. Unused
balances are non-refundable. Unused balances
do not expire.
- Urgent Alert Text Messaging rates are posted at
the VoiceShot website.
- A $10.00 monthly Text Messaging Service fee is applicable.
- Charges apply to each text messages sent and received.
- Urgent Alert Text Messaging Service is a non-refundable,
non-returnable, non-exchangeable, non-transferrable,
prepaid Service. All purchases are final. Unused
balances are non-refundable. Unused balances
do not expire.
- Upon cancellation of the Urgent Alert monthly rate
plan, Subscriber's account will be subject to, but
not limited to the terms and conditions applicable
to the VoiceShot Outbound Service offering including
but not limited to the storage limitations of VoiceShot
Outbound as described in section
17. A. of the VoiceShot Terms of Service Agreement.
- Subscriber has the option to select to call only
landlines or call only cell phones. By selecting to call
only cell phones or call only landlines, Subscriber agrees
that 1) VoiceShot does not own the data used to determine
if a phone number belongs to a landline or a cell phone,
(2) this data is only as accurate as the data that exists
in the applicable records as input by telecommunication
services providers, (3) the Subscriber agrees to release
and hold VoiceShot harmless from any damages sustained for
any reason including but not limited to calls being delivered
incorrectly or not at all and (4) Subscriber will be billed an
additional $0.06 for each number on subscribers call list.
- Subscriber is strictly prohibited from using VoiceShot
Service in connection with the delivery or transmission
of unsolicited messages, commercial or otherwise or
for spamming.
- The transmission of text messages for sales solicitation,
advertising and/or marketing purposes is strictly
prohibited.
- Subscriber shall be fully and solely liable for
any prerecorded audio, voice transmission and/or text
message transmission and fully responsible for compliance
with applicable federal, state and local laws including
but not limited to federal, state and/or local laws
or rules regulating or prohibiting the transmission
of prerecorded phone calls and/or text messages.
I. APPOINTMENT REMINDER SERVICE
- The Appointment Reminder Monthly Rate
Plans are posted at the VoiceShot website.
- Calls are billed in 60 second increments
- Monthly Recurring charges and applicable Service
charges are prepaid on a monthly basis.
- Additional minute usage is billed the month following
the month additional minute usage occurred.
- Outbound call rates to destinations other then the
continental US and Canada are posted at the VoiceShot
website.
- Outbound calls to destinations other than the continental
US and Canada are not treated as included plan minutes
and are billed as additional minutes.
- Excessive additional minute usage is subject to
review by VoiceShot. VoiceShot at its sole discretion
reserves the right to offer Subscriber an alternative
Service plan that would prevent excessive additional
minute usage and reserves the right to place limitations
on additional minute usage.
- Subscriber understands and agrees that in the event
additional minute usage exceeds Subscriber's monthly
recurring charge by one or both of the following (1)
$500; or (2) 100% of Subscriber's monthly recurring
charge; VoiceShot, at its sole discretion, may charge
Subscribers credit card for all outstanding charges.
In the event that the credit card issuer (1)
declines any charges; or (2) requests return of payments
previously made to VoiceShot, VoiceShot reserves the
right to terminate or suspend Service without prior
notice.
- Inbound calls that result in a Live Call Transfer
require a second phone call and are subject to posted
rates unless otherwise noted.
- Text Messaging rates are posted at the VoiceShot
website. A $10.00 per month service fee applies to
each text message appointment reminder Service plan
- Charges apply to each text messages sent and received.
- Text Messaging Service is a non-refundable, non-returnable,
non-exchangeable, non-transferrable, prepaid Service.
All purchases are final. Unused balances are
non-refundable. Unused balances do not expire.
- Upon cancellation of the Appointment Reminder monthly
rate plan, Subscriber's account will be subject to,
but not limited to the terms and conditions applicable
to the VoiceShot Outbound Service offering including
but not limited to the storage limitations of VoiceShot
Outbound as described in section
17. A. of the VoiceShot Terms of Service Agreement.
- Subscriber is strictly prohibited from using VoiceShot
Service in connection with the delivery or transmission
of unsolicited messages, commercial or otherwise or
for spamming.
- The transmission of text messages for sales solicitation,
advertising and/or marketing purposes is strictly
prohibited.
- Subscriber shall be fully and solely liable for
any prerecorded audio, voice transmission and/or text
message transmission and fully responsible for compliance
with applicable federal, state and local laws including
but not limited to federal, state and/or local laws
or rules regulating or prohibiting the transmission
of prerecorded phone calls and/or text messages.
18. GENERAL
- This Agreement merges all prior written and oral communications
and defines the entire agreement of the parties concerning the Services.
- In the event any portion of this Agreement shall be held
illegal, void, or ineffective, the remaining portions hereof shall remain
in full force and effect and such illegal, void or ineffective provisions
shall be construed, as nearly as possible, to reflect the intentions of the
parties.
- All notices under this Agreement shall be in writing and
delivered by email.
- This Agreement shall be construed in accordance with the
laws of the State of Michigan without regard to its conflict of laws provisions.
VoiceShot and the individual Subscriber and, if applicable, the Subscriber's
company will submit to the jurisdiction of the State and Federal courts of
Michigan.
- Subscriber agrees and acknowledges that any breach of the
provisions regarding ownership contained in this Agreement shall cause VoiceShot
irreparable harm and VoiceShot may obtain injunctive relief as well as seek
all other remedies available to VoiceShot in law and in equity.
- Subscriber shall not assign its rights under this Agreement.
This Agreement shall be binding on and inure to the benefit of the parties,
their successors, and permitted assigns and legal representatives.
- The failure of VoiceShot to exercise its rights under this
Agreement will not be construed as a waiver of such rights, nor will it any
way affect the validity of this Agreement. Sections 5, 6, 7, and 8, shall
survive termination or expiration of this Agreement for any reason.
IF YOU WOULD LIKE ANOTHER OPPORTUNITY TO REVIEW THE TERMS
AND CONDITIONS OF THIS AGREEMENT, PLEASE SCROLL TO THE TOP OF THIS WEB PAGE.
IF YOU DO NOT ACCEPT - PROMPTLY EXIT FROM THIS WEB SITE
Last Revised: 7/24/2012

|