Terms of Service
Everybody has them; here are Presentall, any of its companies, affiliates or Agents. Terms of Service- the legal document that explains what Presentall, any of its companies, affiliates or Agents responsibilities are, and what you can expect. There's a lot of dry legalese to trudge through, but it's also chock full of everything you need to know to prevent frustrating misunderstandings.
These Terms of Service constitute the agreement ("Agreement") between Presentall, any of its companies, affiliates or Agents (the "Company") and the customer identified in the Account Information (the "Customer") in connection with the Customer's use of the Company's products and services.
Customer's Acceptance of These Terms of Service. The Customer signifies its irrevocable acceptance of these Terms of Service upon the earlier of:
(i) clicking on the "I Agree" button during the Sign Up process;
(ii) by using the Service;
(iii) by purchasing any Equipment (described below); or
(iv) activating the Customer's account.
If the Customer does not agree to be bound by these Terms of Service, then the Customer should not take any of the foregoing actions described in (i) through (iv), the Customer should not use the Service. The Customer is not authorized to use the Service without agreeing to be bound by these Terms of Service.
Parties Bound by Terms of Service. The Customer is responsible for ensuring that all use of the Service is in accordance with these Terms. The Customer shall ensure that anyone who uses the Service abides by the Terms of Service. The Customer shall indemnify and hold the Company harmless for any violation of these Terms of Service by any person using the Service, with or without the Customer's consent or knowledge.
Modification of Terms of Service, Plan Information, Fees and Charges. The Company reserves the right to revise the Terms of Service, the Plan Information (as described below) and/or its fees and charges at any time without providing notice to its users and the Customer's continued use of the Service shall be deemed irrevocable acceptance of those revisions. The Company may also impose limits on certain features or restrict the Customer's access to all or portions of the Service without notice or liability. The Customer's continued use of the Service shall constitute acceptance to be bound by the terms and conditions of the revised Agreement.
Network Congestion or Slow or loss of Service. Since the Service is dependent on the Customer provided internet or broadband service, if that service is slow or congested or nonexistent for any reason, the Service will not work or may become unusable.
Restoration of Service After Outage. Upon restoration of the Service after a power outage, internet service or broadband outage or any number of Service or other interruptions, some of which are described above, it may be necessary for the Customer to reset or reconfigure some or all of the Equipment, including other Customer provided equipment, e.g., router. It is the Customer's responsibility to verify that the Service is functioning after each such interruption or outage.
Customer's Account Information. The Account Information is provided by the Customer during the Sign-Up process and may be later updated by the Customer by logging into the Customer's account and going to "Account Information". The Customer is responsible for safekeeping of the Customer's login name, password and other information. The Customer is solely responsible for all information entered into and set forth in the Account Information, even if such information was provided by unauthorized persons. The Customer must notify the Company immediately if the Customer has reason to know or believes that the Customer's Account Information, login or password has been compromised or accessed by unauthorized persons.
Term. This Agreement begins on the date that the Customer accepts these Terms of Service and the Agreement will continue for the length time set forth in the Plan Information, below (the "Term"). The Term automatically renews for another Term of equal length, unless notice is given by Presentall or the Customer cancels service by following the instructions found at http://www.presentbill.com/cancel/. If notice of non-renewal is not timely received, then the Term will automatically renew.
Service
Billed in Full Months. The Service is billed in full months and during each month, all normal charges will apply. The Customer is obligated to pay for a full month's Service, even if notice of non-renewal is given by the Customer at the beginning of the month.
Change in Service: New Features. If the Customer requests additional Services or features, then the Customer may do so by going to www.presentbill.com. The Company will pro-rate the additional charges from the date of activation for the balance of the billing period.
Termination Fee. The Customer will pay the termination fee set forth in the Plan Information, per each voice line if the Customer's Service is terminated for any reason during the first twelve months following the activation of each line included in the Service.
Charges, Payments, and Taxes
Charges. The Company's fees and charges are set forth below in the applicable Plan Information. The Company's fees and charges may be changed by the Company from time to time, as described above. The Customer will be billed for Services, Equipment costs (including shipping), installation fees, taxes and other reoccurring charges, in advance, however usage charges, termination charges and other charges may be billed in arrears, as the Company shall determine.
Statement of Charges. The Company will post all its charges to the Customer's account maintained on the Company's website, from time to time. No email or other notification will be sent to the Customer. It is the Customer's duty and responsibility to review the Customer's account from time to time and to verify that all charges to the Customer's account are accurate and correct. The Customer agrees that all charges are due upon posting to the Customer's account..
Payment of Charges. At the time the Customer activates the Service, the Customer must provide the Company with all the information requested in the Account Information, including a valid email address and a credit or debit card number from a card issuer acceptable to the Company (the "Charge Card").
Charge Card. The Company only accepts payment by Charge Card. By agreeing to these Terms of Service, the Customer authorizes the Company to charge the Charge Card for all charges owed by Customer under this Agreement. The Customer's Charge Card authorization will remain valid until 30 days after the Company receives written notice from the Customer terminating the Company's authority to charge the Charge Card. It is the Customer's responsibility to make sure that the Company has a valid Charge Card, and if the Company's charges are rejected for payment by the Charge Card, if the Charge Card expires or is cancelled due to loss, theft or if rejected for any other reason, the Company may suspend or terminate the Service at any time thereafter. The Company also may stop accepting Charge Cards from certain issuers as the Company may determine in its sole discretion. If the Charge Card is no longer current for any of the reasons listed above, then it is the Customer's responsibility to substitute a valid Charge Card in order to avoid interruption or termination of Service and payment of cancellation fees. All billing is outsourced to Presentbill.com and will show on your statement as Presentbill.
Late Fees. Amounts that are posted to the Customer's account will be deemed to be late if not paid within 15 days from the date of posting and will bear interest at the greater of the rate of 1.5% per month or the maximum rate allowed by law.
Taxes. The Customer will pay all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, tariffs, access fees or other fees or charges now in force or enacted in the future, that arise from or as a result of, the Service or Equipment (collectively, "Taxes"). Taxes are in addition to charges for Services and Taxes are due for any period of time while the Term is or was in effect, even if the Company fails to accurately or correctly bill the Customer. If the Customer claims to be exempt from payment of any Taxes, the Customer must provide the Company with proof of such exemption acceptable to the Company and the Company will continue to collect Taxes from the Customer until such exemption is established to the Company's satisfaction.
Billing Disputes. All disputes of any kind must be reported in writing to the Company no later than 60 days from the later of the date the disputed charge was posted to the Customer's account. Unless disputed within said 60-day period, all charges posted to the Customer's account are deemed to be correct and the Customer waives any claim after said 60-day period. Submission of a written dispute notice by the Customer shall not relieve the Customer of its obligation to timely pay all undisputed amounts. Disputes should be sent to:
FOR BILLING DISPUTES ONLY :
Presentbill Customer Billing Department
35 N 500 W
Lehi, Utah 84043
billing@presentbill.com
Credits and Refunds. Credits, refunds or payments must be used or claimed within two years from the date of such credit, refund or payment or shall be deemed to have been earned and correctly applied or paid.
Presentall, any of its companies, affiliates or Agents reserves the right to reverse and/or deny any credit or refund for any reason at any time. All credits are not final until reviewed by the billing department. In order for a credit to be authorized, the billing department will make a determination as to whether or not the credit was justified. This determination will be based on the standards, regulations, policies, and objectives adopted by and governing the operation and services of Presentall, any of its companies, affiliates or Agents. Once this determination is made, the credit will be granted, denied, or reversed, at any time within the total and complete discretion of Presentall, any of its companies, affiliates or Agents.
Refund Policy The Company. The Company offers a 30 day money back guarantee on monthly recurring fees. Setup and access fees are non refundable and are deemed fully earned at time of acceptance of this agreement
Termination, Suspension or Discontinuance of Service
Termination. The Company reserves the right to terminate or discontinue the Service at any time, for any reason or for no reason, in the Company's sole and absolute discretion. If the Company discontinues or terminates the Service without fault of the Customer, the Customer will only be responsible for usage charges accrued while the Service was in effect and the Customer will be entitled to a credit for the unused portion of the final month's charges. If the Company terminates the Service due to the Customer's breach of any provision of this Agreement, then the Customer will pay all usage charges and applicable termination fees and will not be entitled to a credit for the unused portion of the final month's charges.
Suspension of Service. The Company reserves the right to suspend the Service, in whole or in part, including any features, at any time in the Company's sole and absolute discretion. If the Company determines that the suspension of the Service is without fault of the Customer, then the Customer may request a credit of the monthly charges for each day the Service was not in effect.
License to the Customer. The Company hereby grants the Customer a non-exclusive license to the IP for the sole purpose of the Customer's use of the Service, and for no other purpose (the "License"). "IP" means any software, firmware or other intellectual property that is provided by the Company or used by the Customer in connection with the Service, whether provided along with the Equipment, is in the Equipment, is located on the Company's website for viewing or download, along with all documentation, manuals, guides or other information or materials used in connection with the Services. All IP is the sole and exclusive property of the Company. The License is valid only during the Term and will automatically terminate upon the expiration or termination of the Term or the termination or discontinuance of the Service for any reason. The Customer acknowledges and agrees that the IP is the sole and exclusive property of the Company and that nothing herein conveys any interest in the IP to the Customer, except the foregoing grant of the License. This paragraph shall survive expiration or termination of the Agreement.
Support. Company's customer and technical support are provided in English language only
Submission of the Customer Information to Authorities. If the Company believes that the Service or the Equipment is or has been used for an unlawful purpose, the Company may forward the relevant information to the appropriate authorities for investigation and prosecution without notice to the Customer. Such information may include the Customer's identity, address and calling detail records and any other information in the possession of the Company. The Customer hereby consents to the Company's forwarding of any such communications and information to these authorities.
Subpoenas and other Legal Requests for Information. In addition, the Company will provide information and respond to law enforcement requests, subpoenas, court orders, and the like, for any purpose the Company determines is appropriate in its sole discretion, including to protect the Company, the Company's rights and/or property and in the case where failure to disclose the information may lead to personal injury or loss of property of the Customer or others.
Inappropriate Conduct. The Customer shall not use the Service or the Equipment in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, adult content or any similar behavior.
Service Not Suitable for Security Systems or Other Critical Uses. It is the Customer's duty to determine whether or not the Service is interoperable with any security systems, medical alert or other critical systems connected to it. The Company does not recommend use of the Service for security or other critical systems and the Company strongly recommends that the Customer maintain a "land-line" for use with any other equipment that is used with security systems because the Service may fail and cause loss of property or bodily injury when used in connection with a security system. If the Customer should determine that the Service will be used with such systems, then the Customer assumes all risk of loss if the Service should fail to perform at any time, the Customer explicitly accepts the Service in its "as-is" condition, with no representations or warranties by the Company of any kind that the Service is suitable for any particular purpose.
No warranties. The Service is provided "as is", with no warranties whatsoever; the Company does not, either expressed, implied or statutory, make any warranties, claims or representations with respect to the Equipment or the Service, including, without limitation, there are no warranties of quality, performance, non-infringement, merchantability, or fitness for use or a particular purpose or any other warranties whatsoever. The Company further does not represent or warrant that the Service will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free or will operate without loss of quality, nor does the Company warrant any connection to or transmission from the internet, or any quality of calls made through the Service.
All at Customer's Own Risk. The Customer acknowledges and agrees that the entire risk arising out of the use or performance of the Company Software remains with the Customer, to the maximum extent permitted by law.
Jurisdiction's Limitations. Some jurisdictions do not allow some of the exclusions or limitations as set forth in this Agreement, so some of these exclusions may not apply.
Disclaimer of Liability for Damages. In no event will company, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to customer (or those using the service with or without the permission of customer) in connection with the service be liable for any direct, incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, product liability, tort and any and all other theories of liability and apply whether or not the Company was informed of the likelihood of any particular type of damages.
Survival of Certain Provisions. Notwithstanding the expiration or termination of this Agreement, and except for the Customer's obligation to pay charges for the Services during the Term, the remainder of this Agreement shall survive the termination or expiration of the Term.
No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
Governing Law. This Agreement and the relationship between the Customer and the Company is governed solely by the substantive laws of the State of Utah, without regard to its conflict of law provisions.
Venue. The Customer and the Company irrevocable consent to submit to the laws of a court of competent jurisdiction located in Utah County, Utah. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in Utah County, Utah and they irrevocably waive any objection as to venue or inconvenient forum.
Assignment. The Customer may not assign this Agreement or any rights hereunder. The Company may assign this Agreement or any rights hereunder at any time to any party, as the Company shall determine in its sole discretion and without giving prior notice.
No Waiver. The failure of the Company at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by the Company.
Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between the Customer and the Company with respect to the subject matter hereof and this Agreement will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Any amendments or modifications or waivers to this Agreement must be in writing or will be without any effect.
Severability. If any part of this Agreement is declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
No Privacy For Service. As "Presentall services", utilizes, in whole or in part, the public internet, broadband service providers, third party routers and networks, as well as a number of other parties and equipment. As such, the Company is not able to assure the Customer of any level of privacy when using the Service and the Customer should not have any expectation of privacy when using the Service. The Company is not liable for any lack of privacy which may be experienced with regard to the Service. Additional terms and conditions are found in the Company's Privacy Policy
Communication with Customer. Company will use the email address of Customer for notification of billing actions, service requests, support, and relationship messages. Customer is responsible for ensuring the email address with Company is available for receipt of electronic messages. Relationship messages (such as newsletters) will be sent either to the email address or physical address of Customer. Customer can request to "opt out" of relationship messages.
No Jury Trial. The parties hereby waive any right to have any claim tried in a jury trial and all such claims shall be tried in front of a judge with competent jurisdiction.
Waiver of Claims After One Year. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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