Global Service agreement - jourfixed

THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY TO ALL PARTIES THAT SIGN UP FOR OR THAT USE THE JOURFIXED SERVICES DESCRIBED HEREIN. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT.
1. INTRODUCTION. These JOURFIXED Service Terms and Conditions, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time (collectively, the “Agreement”), constitutes the entire agreement between Mojoule LLC, a Delaware limited liability company (hereinafter referred to as “We,” “Us” or “JOURFIXED”) and the party set forth in the related registration order form (herein after referred to as “You,” “Your”, “User” or “Customer”) regarding JOURFIXED’s Service (as defined herein), and supersedes all prior agreements, discussions and writings between the parties regarding the subject matter of this Agreement. The Customer may for the purposes of this agreement be either a person or a business entity. For purposes of this Agreement, the term “JOURFIXED” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, attorneys and any other service provider that furnishes services or devices to You in connection with this Agreement, including, but not limited to, Mask Utvikling AS, a Norwegian limited liability company.
2. DEFINITION OF SERVICE. JOURFIXED’s Service is a telecommunication service that provides the Customer with a central telephone number and functionality to receive incoming phone calls and messages. This functionality includes, but is not limited to, rulebased routing to agents, automatic voice messages, phone queuing and receipt of voice messages from caller. JOURFIXED may change the scope of these services after providing notice to the Customer. For purposes of this Agreement, the term “Service” shall mean JOURFIXED’s Service, including all other features, products and services provided by JOURFIXED under the service plan that You have selected.
3. REVISIONS TO TERMS AND PRICING. From time to time, We may revise the terms and conditions of this Agreement (including, without limitation, any of the policies incorporated by reference) and the pricing for the Service. Notice of revisions to the Agreement or pricing may be posted on the JOURFIXED website (“the website”) and deemed given and effective on the date posted to the website. If You do not agree to the revision(s), You must terminate Your Service immediately, subject to the Termination provisions provided in this Agreement. By continuing to use the Service after revision(s) are in effect, You hereby accept and agree to all such revisions.
4. CUSTOMER REPRESENTATIONS. You represent and warrant that You are at least eighteen (18) years of age or, as applicable, the age of majority in the country, state or province in which You reside, and that You possess the legal right and ability to enter into this Agreement. You represent and warrant that Your name, User name, contact information and registered location are true and correct and, if for business use, You are authorized to act on behalf of Your company. You understand that JOURFIXED relies on the information You supply and that providing false or incorrect information may result in Service provisioning and delivery delays and the suspension or termination of Your Service. You agree to promptly notify JOURFIXED whenever Your personal or billing information changes (including, but not limited to, Your name, address, email address, telephone number, and credit card number and expiration date). You agree to be financially responsible for Your use of the Service as well as for use of Your account by others.
5. USE OF SERVICE.
a. Service Plans. Service is provided to You as a User, for Your business and personal use. This means that You are not to resell or transfer the Service to any other person for any purpose or make any charge for the use of the Service, without express written permission from JOURFIXED in advance. JOURFIXED reserves the right to immediately terminate, change the calling plan or modify the Service if JOURFIXED determines, in its sole discretion that You are using the Service in a manner not contemplated by this Agreement.
b. User Responsibility. You agree that You are responsible for all use(s) related to Your account. You understand this means that You accept full liability and responsibility for Your actions or the actions of anyone who uses the Service via Your account with or without Your permission. You acknowledge that JOURFIXED may send You information, including Your Password, via email over the Internet. You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information and telephone calls You transmit over the Internet. In order to maintain the security of Your Service, You should safeguard Your User IDs and Passwords.
c. Use of Service by Customers JOURFIXED is designed to work generally with unencumbered high-speed internet connections, however JOURFIXED does not represent or warrant that use of the Service by You is permitted by all jurisdictions or by any or all the ISPs. You will be solely responsible for any violations of local laws and regulations or violations of ISP terms of service resulting from such use. You also agree to indemnify Us for any claims, damages or expenses resulting from Your use of the Services. JOURFIXED reserves the right to disconnect Services immediately if JOURFIXED determines, in its sole and absolute discretion that You have used the Service in violation of applicable laws, including without limitation laws of jurisdictions outside the United States. You are solely liable for any and all use of the Service by any person making use of the Service provided to You.
d. Account Ownership. The owner of the account under which the Services are ordered shall be the person or legal entity (e.g., corporation, partnership, limited liability company) that signs up for the Services with JOURFIXED. Subsequent changes to ownership must be supported by appropriate legal documentation. If JOURFIXED is unable to determine the valid owner of the account, JOURFIXED reserves the right to suspend or terminate the account and Services.
6. SERVICE LEVEL LIMITATION. You acknowledge and understand that the Service is not a telephone service, and We provide it on a best efforts basis. Important distinctions exist between telephone service and JOURFIXED. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect Your rights of redress before regulatory agencies or judicial forums. Events beyond our control may affect our service, such as power outages, fluctuations in the Internet, Your underlying ISP or broadband service, or maintenance. We will act in good faith to minimize disruptions to Your use of and access to our service.
7. LENGTH OF SERVICE.
a. Service Term. We provide the Service for the term that You have signed up for. Your term begins on the earliest of: (i) the date You first ordered service; (ii) the date You first used the Service; or (iii) the date We successfully process Your payment.
b. Automatic Renewal. JOURFIXED shall automatically renew the Service for the same term on Your subscription date unless You cancel Your Service before the end of the current service term. See “Termination of Service” Section. The renewal begins on the day after the last day of Your term. The renewal will be charged to Your payment method (credit card) on file, which may include any payment method automatically updated by Your issuing bank. If Your credit card is declined, invalid, or payment is not made by the issuer of Your credit card on Your subscription date, without further notice JOURFIXED reserves the right to automatically recharge the payment method until payment is received, the payment method is updated, or the Service is discontinued for nonpayment.
c. Our right to disconnect. We have the right to suspend or discontinue service generally, or to disconnect the Service, at any time. In addition, We reserve the right to immediately disconnect the Service at any time without notice due to non-payment or unlawful or inappropriate use of the Service. All charges owed at the time of disconnection will be immediately payable. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus.
d. Termination of Service. In order to terminate the Service, You may do so at any time through the Service.
8. FEES AND CHARGES.
a. Our fees and charges may change from time to time. New pricing will be effective the next day following posting to the website (or sent to You) and may be applied to renewals of existing services. We may introduce new products and services at special introductory pricing. Introductory pricing will not be applied retroactively to existing services and may be applied for only limited periods of time. At our discretion, We may change introductory pricing.
b. Billing increments. All billing policies are defined by the specific package the Customer chooses.
9. BILLING, PAYMENT, and PRICING.
a. Billing. We will charge You in advance for each term of Service. We will also ask you to provide an account deposit that will be charged for services that are priced per minute or per instance. When You subscribe to the Service, You must give Us a valid email address and a valid payment method. We reserve the right to stop accepting Your payment method or Your payments. You must advise Us at once if Your payment method expires, You close Your account, Your billing address changes, Your email address changes, or Your payment method is cancelled and replaced on account of loss or theft. We will bill in advance to Your payment method all charges, fees, taxes, and surcharges for each service term. All fees not billed in advance are due upon receipt of invoice notice from JOURFIXED.
b. Payment. When You use Services priced per minute or per instance, You authorize Us to collect from Deposit. This authorization will remain valid until thirty (30) days after You terminate our authority to charge Your payment method.
c. Collection. If We disconnect the Service, You will remain liable to Us for all charges under this Agreement and all the costs We incur to collect these charges, including, without limitation, collection costs and attorney’s fees. You also agree to pay any additional charges or fees applied to Your billing account for any reason, including but not limited to, interest and charges due to insufficient credit.
d. Notices. You understand that it is difficult for Us to distinguish between credit and debit cards. You agree to waive Your rights under any rule or regulation to receive ten (10) or other amount of days advance notice from Us regarding the amount that We will debit from Your account. While We may send You messages about Your billing from time to time, We are not obligated to do so. We may change or cease our messages at any time without notice to You.
e. Billing Disputes. You must notify JOURFIXED in writing within thirty (30) days after receiving Your credit card statement or from the time funds are debited from Your bank account if You dispute any JOURFIXED charges on that statement or that have been debited from Your account, or such dispute will be deemed waived.
f. Prices and Fees. JOURFIXED fees and charges for the Service are supplied to You during the ordering process unless otherwise provided for in this Agreement. You agree to pay the applicable one-time and recurring charges. You further agree that any taxes and other charges, including but not limited to, account setup fees, shipping and handling and other nonrecurring charges will be charged to Your credit card. Recurring charges will be billed and automatically charged to Your credit card on the first day of every billing cycle. Your billing cycle will begin on the anniversary date of Your subscription date as defined in this Agreement.
g. Discontinuation of Service for Nonpayment. The Service to You may be denied or discontinued without notice at any time in the event of non-payment.
10. ACCEPTABLE USE. You agree to only use the Service for acceptable purposes. Nonacceptable purposes include the use of the Service as a reply service for spam messages or phone calls (robo-calls), including campaigns where the phone number provided by the Service is provided as sender-ID.
11. Warranties
a. WARRANTY LIMITATION
JOURFIXED MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE OR THE INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JOURFIXED DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. JOURFIXED DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. CUSTOMER AGREES THAT IT ACCEPTS THE SERVICE “AS IS” AND THAT CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST JOURFIXED TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
b. WE WILL NOT GIVE YOU CREDIT FOR ANY INTERRUPTION OF JOURFIXED SERVICE.
12. Limitation of Liability
IN NO EVENT SHALL JOURFIXED BE LIABLE TO YOU, YOUR REPRESENTATIVES OR AUTHORIZED ASSIGNS OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICE. NOR SHALL JOURFIXED BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY ANY REASON INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, EQUIPMENT, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS BUT NOT LIMITED TO ACTS OF GOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO JOURFIXED OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND JOURFIXED’S CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS TO BE CONNECTED OR COMPLETED OR DEGRADATION OF VOICE QUALITY. JOURFIXED SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO JOURFIXED’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF JOURFIXED’S NEGLIGENCE OR OTHER ACTS OR OMISSIONS. JOURFIXED’S LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL 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 JOURFIXED WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE JOURFIXED FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST JOURFIXED TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
13. INDEMNIFICATION AND WAIVER OF CLAIMS.
YOU ARE LIABLE FOR ANY AND ALL USE OF THE SERVICE BY YOURSELF AND BY ANY PERSON MAKING USE OF THE SERVICE, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS JOURFIXED AGAINST ANY AND ALL LIABILITY FOR ANY SUCH USE THAT FAILS TO COMPLY WITH THIS AGREEMENT. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS JOURFIXED FROM ANY AND ALL CLAIMS OR LIABILITY FOR DAMAGES, PERSONAL INJURY, DEATH, FINES, PENALTIES, COSTS, EXPENSES, LOSSES, LOST PROFIT, LOST REVENUE, PROPERTY DAMAGE, ATTORNEYS’ FEES, AND ANY AND ALL OTHER DAMAGES OF WHATEVER KIND AND NATURE RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, OR THIS AGREEMENT UNLESS THE CLAIMS OR CAUSES OF ACTION ARISE FROM OUR GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT. THIS SECTION SHALL SURVIVE THE AGREEMENT.
14. CONTENT. You are liable for all liability that may arise from the content You transmit to any person, whether or not You authorize it, using JOURFIXED. You promise that You and anyone who uses the Service and all Your and their content comply at all times with all laws, regulations, and written and electronic instructions for using the Service.
15. PRIVACY. JOURFIXED utilizes, in whole or in part, the public Internet and third party services and networks to transmit voice and other communications. You acknowledge and understand that JOURFIXED cannot guarantee that these services are completely secure. You agree that JOURFIXED may access all features of Your account and the Service to determine whether the Service is being used fraudulently or in violation of this Agreement, and for any other purposes. YOU AGREE THAT JOURFIXED SHALL NOT BE LIABLE FOR BREACH OF PRIVACY. JOURFIXED is committed to respecting Your privacy relating to personally identifiable information. Once You choose to provide personally identifiable information, it will only be used in the context of Your relationship with JOURFIXED. JOURFIXED will not sell, rent, or lease Your personally identifiable information to others. Upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, JOURFIXED may disclose personally identifiable information. Please refer to our Privacy Policy for additional information.
16. RECORDING CONVERSATIONS. Certain JOURFIXED Services provide a function that allows You to record individual calls. The laws regarding the notice, notification, and consent requirements for recording conversations vary from jurisdiction to jurisdiction. In some jurisdictions, You are required to obtain consent from all parties to a record a conversation. You are solely responsible for complying with all laws in any relevant jurisdiction when using this feature. JOURFIXED expressly disclaims all liability with respect to Your recording of conversations. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify JOURFIXED from and against any damages or liabilities of any kind related to Your recording of any conversations using the Services.
17. DISPUTE RESOLUTION
a. Attorneys’ Fees. If any arbitration, suit, or action is instituted to interpret or enforce the provisions of this Agreement, to rescind this Agreement, or otherwise with respect to the subject matter of this Agreement, the party prevailing on an issue will be entitled to recover with respect to such issue, in addition to costs, including the costs of experts and investigation, reasonable attorneys’ fees incurred in preparation or in prosecution or defense of such arbitration, mediation, suit, or action as determined by the arbitrator, mediator, or trial court, and if any appeal is taken from such decision, reasonable attorney fees as determined on appeal.
b. Choice of Law. This Agreement will be governed by and construed in accordance with the laws of Norway.
c. Venue of Dispute Resolution. Venue and jurisdiction for the resolution of any dispute shall be Wilmington, Delaware.
d. Injunctive and Other Equitable Relief. The parties agree that the remedy at law for any breach or threatened breach by a party may, by its nature, be inadequate, and that the other parties will be entitled, in addition to damages, to a restraining order, temporary and permanent injunctive relief, specific performance, and other appropriate equitable relief, without showing or proving that any monetary damage has been sustained.
18. FORCE MAJEURE (EVENTS BEYOND JOURFIXED’S CONTROL). JOURFIXED shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties as may occur in spite of JOURFIXED’s best efforts.
19. SOFTWARE COPYRIGHT Any software used by JOURFIXED to provide the Service and any software provided to You in conjunction with providing the Service is protected by copyright law and international treaty provisions. You may not, nor may You allow anyone else to: (i) modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the software; (ii) use the software for service bureau or time-sharing purposes or in any other way allow third parties to exploit the software; or (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the software’s source or object code.
20. MISCELLANEOUS PROVISIONS
a. Assignment. JOURFIXED may assign all or part of its rights or obligations under this Agreement without notifying You. If We do that, We have no further obligation to You. You may not assign the Agreement or the Service without our prior written approval.
b. Entire Agreement. This Agreement, the Privacy Policy, or any reference herein to the content of JOURFIXED’s websites constitute the entire agreement between You and JOURFIXED and govern Your use of the Service, superseding any prior agreements between You and JOURFIXED and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
c. Severability. If any provision of this Agreement be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of this Agreement will not be in any way impaired.
d. Survival. Those provisions of this Agreement which by their nature should survive termination, cancellation, or expiration of this Agreement, shall so survive.
e. Waiver. Waiver of any breach of any provision will not be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision.