KallCent$ Terms and Conditions
- Payment terms. Applicant authorizes Kallcents to charge Applicant's credit card for any and all calls placed using Kallcents from the phone number(s) provided, up to once per week. Applicant authorizes Kallcents to charge Applicant's credit card. Kallcents reserves the right to suspend services immediately without notice in the event Applicant's credit card expires, or the credit card company refuses to pay any Kallcents charges or accept billing. Any past due amounts are subject to a late charge in the amount of one and one half percent (1.5%) per month compounded monthly, or the maximum rate allowable by law, whichever is less, from the due date until payment is received.
- LIMITATION OF LIABILITY. As a material inducement for Kallcents to provide the services hereunder, Applicant agrees that UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KALLCENTS OR ANYONE ELSE INVOLVED IN PROVIDING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
- KALLCENTS MAKES NO EXPRESS OR IMPLIED WARRANTIES TO APPLICANT AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE GOODS OR SERVICES PROVIDED. KALLCENTS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
- Effects of Tariffs. Any and all applicable tariffs and related provisions are made a part of the Agreement and shall control any inconsistency between the tariff and the terms and conditions of the Agreement; provided however, that rates set forth on the Kallcents website at: http://www.kallcents.net, shall control over tariff rates.
- Indemnification. Applicant shall defend, indemnify and hold harmless Kallcents, its officers, directors, employees and agents from any claims and expenses, including reasonable attorney's fees, related to any breach of this Agreement, use of Applicant's account or in connection with the placement or transmission of any message, information, software or other content using the Services. Kallcents shall give written notice of any such claim, action or demand within a reasonable time.
- Headings. The headings of any sections of the Agreement are inserted solely for convenience and are not intended to be part of, or affect the interpretation or meaning of the Agreement.
- Law & Arbitration. The Agreement shall be governed by and construed in accordance with Washington State law and Federal law, as applicable. Any controversy or claim between the parties arising out of or related to the Agreement shall be settled exclusively by arbitration before a single arbitrator under the then current rules of the Washington Arbitration and Mediation Service (WAMS) and Applicant waives the right to bring an action in state or Federal court. The arbitration shall be held in Seattle, Washington, U.S.A. Applicant agrees that any decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief to which such party may be entitled.
- Severability. If any provision or portion of the Agreement shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of the Agreement that can be given effect without the invalid provision or portion, and, to this end, the provisions or portions hereof are severable.
- No Waiver. The failure of either party at any time, or from time to time, to require performance of any obligation under the Agreement shall in no manner affect the right of either party to enforce any provision of the Agreement at a subsequent time and shall not be construed as a waiver of any subsequent breach of that same provision.
- Cancellation. Applicant may cancel the Services at any time; provided however, that Applicant shall remain liable for all charges due and owing at time of cancellation. Applicant's only remedy with respect to any dissatisfaction with any term, rule, policy or practice of Kallcents is to terminate the Agreement by delivering notice in writing via first class mail or email to Kallcents. The return of the application information to Kallcents and the use of the Services assumes that Applicant has read or had opportunity to read, and agrees to the terms and conditions of this Agreement. Kallcents reserves the right to suspend or terminate the Services if Kallcents, in its sole discretion, believes Applicant is using the Services to engage in conduct which interferes with other Kallcents Customers' use of the Services, is harmful to Kallcents or third parties, or is otherwise in violation of any law or Kallcents terms and conditions.
- Rates. Kallcents services will be provided at the rates set forth on Kallcents' website at: http://www.kallcents.com/rates.html, as may be amended from time to time.
- Billing Terms. All calls will be billed in full minute increments. Kallcents bills only for completed calls. However, because Kallcents does not get answer supervision on all calls, a call will be considered complete and billed accordingly if the customer has been on the line for 45 seconds or more. Credit cards will be charged once a week for amounts of $25 or more. Provided, however, that if an account does not have $25 in usage, taxes and fees for a given charging period, the account balance will accumulate until such time as it reaches $25 or the end of the month, whichever occurs first, then will be charged to Applicant's credit card. All directory assistance calls will be billed at a flat rate of $1.00 per call.
Paper invoices will not be mailed to customers. Call detail records, taxes and applicable regulatory fees can be found on the secure website at: https://app.kallcents.net/custinfo/ for each individual customer to view at their convenience. Taxes and regulatory fees will be charged to an account and added to the call detail records on the website once a month.
An account will be disabled immediately if a credit card is declined, if the customer initiates a chargeback for Kallcents charges with their credit card company, or if charges are not timely paid for any other reason. Upon receipt of payment in full, the account will be re-enabled at Kallcents' sole discretion.
Charges must be disputed within 60 days of the date charged to the customer's credit card. All disputes must be in writing to Kallcents via email, fax or mail. To dispute a charge, send a copy of the invoice with the disputed charge circled or highlighted and an explanation of why it is being disputed. Credits will be posted to the call detail records as they are administered.
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