QuickPBX, the consumer division of Kosmaz Technologies LLC. (the Company), provides virtual telecommunication services (the Service or Services) through http://www.QuickPBX.com (the Website). The Services include virtual telecommunication services or any related service or product or software provided by the Company. Your use of the Services, Software and Website is subject to your compliance with the Terms and Conditions set forth below.
This Agreement governs the Services, Software and Website provided by the Company either now or in the future. BY ENROLLING IN, ACTIVATING, SIGNINING IN THROUGH THE WEBSITE, USING OR PAYING FOR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, THAT YOU ARE OF LEGAL AGE, AND THAT YOU AGREE TO BE BOUND BY ALL TERMS HEREIN. IF YOU USE THIS SERVICE ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER. IF YOU HAVE NOT READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, AND DO NOT AGREE TO BE BOUND BY ITS TERMS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING QUICKPBX VIA E-MAIL AT [email protected] AND STATING YOUR NAME, ACCOUNT INFORMATION AND DESIRE TO CANCEL SERVICE.
QuickPBX includes (a) a virtual PBX that directs telephone calls to telephone numbers you specify, (b) an auto-attendant allowing callers to have their call routed to one of a number of specified recipients, (c) voicemail accessible by phone, web and an existing email account.
You agree to use the Services, Software and Website for lawful purposes only. You are prohibited from posting on, or transmitting through, the Website any materials, or engaging through the Services in any conduct, that is fraudulent, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or otherwise objectionable, including without limitation, any material or conduct that encourages unlawful activities. If QuickPBX suspects that you have engaged in any of the foregoing conduct, QuickPBX may, in its sole discretion, (a) terminate or suspend your account or use of the Services, Software and/or Website; and/or (b) forward the offensive materials and/or information related to such prohibited conduct, your communications with QuickPBX, and your personally identifiable information to the proper authorities for investigation or prosecution.
1.2 Copyright / Trademark / Unauthorized Usage of the Service
Services, Software and information, documents and materials on QuickPBX's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of QuickPBX are and shall remain the exclusive property of QuickPBX and nothing in this Agreement shall grant you the right or license to use such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You agree not to reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
1.3 Theft of Service
You agree to notify QuickPBX immediately, in writing or by calling the QuickPBX customer support line, if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you.
1.4 Use Of the Website And Account Sign-In
The Company's internet web site address provides you an account to which you sign-in to manage your service, change settings, view transaction history and voicemails, request support, and manage basic account information. You must sign-in and use the Company's website to use our services by using the password you create during initial sign-up. You must have internet access to use our services. You are solely responsible to manage all configuration account details yourself. Logging in to the web site service requires a common, and current, internet browser (e.g. Microsoft Internet Explorer version 5.5 or 6) with support for SSL encryption and cookies enabled. Anyone whom you give access to the website, through use of your secure account codes, shall be authorized by you to make any and all changes to your Services, account and Number. We have the right to interrupt, restrict or terminate Services to your Account, without notice to you, if we suspect fraudulent or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe.
1.5 No Resale Of The Service
Unless you receive prior written consent from the Company and unless you receive any required regulatory approvals, you may not: (a) modify the Services, Software and Website or use them for any commercial purpose or any public display, performance, sale or rental; (b) decompile, reverse engineer, or Services, Software and Website; (c) remove any copyright or other proprietary notices from the Services, Software and Website; (d) unless otherwise provided herein, transfer or resell the Services, Software and Website to another person. You agree to prevent any unauthorized copying of the Services, Software and Website.
1.6 Extension And Voicemails
The company provides unlimited number of employee and department extensions up to 100 extensions per account. It is the Company's right to provide another 100 extensions to your account when needed.
The company provides a voicemail service which will be stores for a period of up to 30 days. You acknowledge that the Company may change its practices and limitations concerning storage of messages, including without limitation, the maximum (a) period of time that messages will be retained, (b) number of messages stored at any one time and (c) storage space utilized, at any time. You further agree that the Company has no responsibility or liability whatsoever for the deletion or failure to store any voicemails, text messages, or any fax messages (if applicable) or any other communications maintained or transmitted by or through the Services.
2. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
Service is offered on a prepaid basis. User accounts that are subject to a monthly service charge are automatically replenished through a charge billed to your credit card without further action by you (Automatic Recharge). You hereby authorize such charges. Automatic Recharge takes place (i) on a monthly basis at the commencement of each monthly term (unless you give QuickPBX written notice of non-renewal as set forth below) and (ii) when the account balance is below the level set forth in the Calling Plan Details with respect to your particular calling plan. QuickPBX provides the Service for full monthly terms only, beginning on the date that your account is first created. You will also be billed for additional minutes you used (which exceeded the number of calling minutes in your plan).
You authorize any charges incurred from the use of your QuickPBX account to be billed to you through your account or credit card. You may use the QuickPBX account only so long as your account or credit card remains valid and in good standing. You agree to pay for all charges incurred by use of the QuickPBX account issued to you and comply with all other terms and conditions set forth herein.
In order to protect our customers from fraudulent credit card usage we have developed a sophisticated verification process that we activate upon sign up and registration. Consequently, it can take up to forty eight (48) hours from registration for your funds to be available in your account.
You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You agree to notify QuickPBX immediately if you become aware at any time that your account or the Service is being stolen or fraudulently used, in writing as described in “Notices” section 12 of this agreement. You agree to be responsible for payment of all charges on your account's detail report incurred as a result of the use of your QuickPBX debit account, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss.
You are not authorized to use your QuickPBX account after your account or your credit card has expired, or been withdrawn, revoked, or terminated. Nevertheless you remain responsible to QuickPBX for any charges resulting from the use of your QuickPBX account after any such expiration, withdrawal, revocation or termination, which charges are payable immediately to QuickPBX.
QuickPBX reserves the right, at any time, to change its prices and billing methods for Services, Software and Website, effective immediately upon posting on the Site or by e-mail delivery to you.
You are responsible for paying all charges to your Account for Services, including but not limited to, long distance and directory assistance charges, regulatory and government fees, and for all taxes and surcharges, including regulatory recovery fees, imposed on you or us as a result of your use of the Services.
Each service plan, for both toll-free and local numbers, has (i) a flat monthly service fee (this service fee, which is posted on the Site, is the basic charge associated with your Service. This fee includes the calling charges defined by your Service plan within the continental United States (excluding Alaska, Hawaii and United States territories such as Puerto Rico) and Canada); (ii) a certain number of "free" minutes to be used in the continental United States (excluding Alaska and Hawaii and United States territories such as Puerto Rico) and Canada as posted on the Site, and (iii) an additional minute rate (if you exceed the number of calling minutes on your Service plan, QuickPBX will bill you for the minutes you use above your allowance) as posted on the Site.
International calls (not including calls to Canada) and calls to areas outside the continental United States (including, but not limited to, Alaska and Hawaii and United States territories such as Puerto Rico), including calls forwarded from the continental United States and Canada to such international areas, are charged based on the international outbound rates posted on the Site. International calls (not including calls from Canada) and calls from areas outside the continental United States (including, but not limited to, Alaska and Hawaii and United States territories such as Puerto Rico), including calls forwarded from such international areas into the continental United States and Canada, are charged based on the international inbound rates posted on the Site.
Charges for the Service will be rated and charged in accordance with the rates provided by QuickPBX, any promotional offer pursuant to the published terms of such offer by QuickPBX, or as otherwise as provided in our price list or on the Website.
All prices are subject to change without prior notice. We will use commercially reasonable efforts to notify you of any changes to calling plans subject to a fixed monthly fee (the Monthly Fee) pursuant to the applicable Calling Plan Details, but such notification shall not be deemed a prerequisite to the effectiveness of any such change.
Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole cent. All calls that are determined to have been answered incur a minimum one (1) minute charge. QuickPBX relies on reasonable and standard technologies to determine whether and when a call has been answered, including without limitation signals sent by the carrier connecting the call that indicates the commencement of call. These technologies are not perfect or entirely reliable and it is possible for call-commencement signals to be received in error. All calls made to mobile telephones are deemed to have been completed. You must notify QuickPBX in writing of any disputed charges within sixty (60) days of the charges or you will be deemed to have waived your right to dispute the charges.
All Monthly Fees and any additional per minute charges incurred will be deducted from your prepaid debit account or charged directly to your credit card on the same date and at the same time every month, with a possible delay of four (4) hours which may cause a possible shift in date, from time to time.
Customers with past due balance on previous or multiple accounts will be charged the full balance due upon opening a new account or updating their credit or debit card on file.
2.3 Termination/Discontinuance of Service
QuickPBX reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. In addition, the Company reserves the right to suspend or terminate your QuickPBX account without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to the Company when the Company believes you are liable for the charge. If QuickPBX discontinues providing the Service generally, or terminates or suspends your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated or suspended for any stated reason, including without limitation, violation of any terms of this Agreement, or because of any improper use of the Service (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of QuickPBX or of a third party provider to which QuickPBX is subject), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee if applicable, all of which immediately become due, payable and chargeable to your credit card.
You may terminate your QuickPBX account at any time, with or without cause, upon 30 days notice. In order for you to give notice to the Company that you want to terminate your account, you must contact QuickPBX by using a method as described in “Notices” section 12 of this agreement.
2.4 Money Back Guarantee; Limitations and Conditions
QuickPBX offers a comprehensive money-back guarantee to ensure that you are satisfied with your purchase. QuickPBX will refund the charges for monthly fees if written notice is received by QuickPBX within such thirty (30) day period. You should send Company a cancellation (termination) request through the Support section of the website. You should verify your identity as requested. Refunds, if applicable, at the sole discretion of Company, are often issued after the initial charges have been billed, as originally scheduled, on the applicable billing statement, even if the refund request was made prior to the close of the billing cycle. Refunds are not provided on other optional service fees, such as voice-over fees. There shall be a limit of one refund per account, company or person. Refunds will only be issued to the original credit card used at the time of purchase. Refunds are non-transferable. You must retain a copy of your cancellation request and a copy of our confirmation, with date/time stamps, until receipt of the refund. Refunds will be issued within 30 days of confirmation. Cancellation by Company, due to breach of this Agreement, or other provided terms or policies, disqualifies any and all entitlements to potential refunds.
3. OWNERSHIP OF TOLL FREE AND LOCAL NUMBERS.
You understand and agree that you will have use of the telephone number(s) -both Toll Free or Local- that are provided as part of the services only until the end of the term of your agreement with the company or until the company no longer provides you with service. You understand and agree that the company is not, itself, a telephone company and therefore the company is not under any legal obligation to permit you to port any telephone number(s) provided as part of the service unless you have permission from the Company in writing.
If you would like to port your toll free number and maintain your account with the company during the porting process, you must maintain your account in an active status and not terminate your account until the porting out is complete. You understand and agree that technical or procedural difficulties or interruptions may occur when attempting to port out these numbers and such difficulties or interruptions may prevent your new carrier from porting the numbers. The company is not responsible for such technical or procedural difficulties or interruptions.
You understand and agree that following the termination of your QuickPBX account for any reason, your QuickPBX number may be re-assigned immediately to another customer. You agree that the Company will not be liable for damages (including consequential or special damages) arising out of any such re-assignment and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if the Company has been advised of the possibility of damages.
You understand and agree that the Company may from time to time need to change the QuickPBX number assigned to you (whether due to an area code split or any other reason whether outside or within the Company's control). You agree that the Company will not be liable for damages (including consequential or special damages) arising out of any such change in the QuickPBX number assigned to you and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if the Company has been advised of the possibility of damages.
4. CUSTOMER RESPONSIBILITIES AND PROHIBITED USES OF SERVICE
You agree to use the Service only for lawful purposes. You agree not to use the Service for any unlawful purpose, including for example, using the Service in a way that (1) interferes with our ability to provide Service to you or other customers, or (2) avoids your obligation to pay for the Services. You also agree not to use the Service for transmitting or receiving any communication or material of any kind which would (1) constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (2) encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. QuickPBX reserves the right to terminate the Service immediately and without advance notice if QuickPBX, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due, payable and chargeable to your credit card. If QuickPBX, in its sole discretion believes that you have violated the above restrictions, QuickPBX may forward the objectionable material, as well as your communications with QuickPBX and your personally identifiable information to the appropriate authorities for investigation and prosecution, and by using the Service you thereby consent to such forwarding.
You are fully responsible for the contents of your transmissions through the Services. QuickPBX reserves right to suspend or terminate your account if it is determined to be used for any of the following prohibited uses:
-Trunking or forwarding your QuickPBX number to another phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.
-Spamming or blasting (e.g., sending 100 or more bulk and/or junk voicemail or faxes simultaneously).
-Bulk call-in lines (e.g., customer support or sales call centers, "hotlines", 900 numbers, sports-line numbers, etc.).
-Auto-dialing or "predictive" dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls).
QuickPBX allows use of the Service inside or outside of the United States. However, if you use it outside the United States you do so at your own risk. If you use or attempt to use the service th outside the United States, you do so at your own risk, including but not limited to the risk that such activity violates the laws of the country where you do so, and/or violates the export laws of the United States and/or the import laws of that other country.
THE TERM "QUICKPBX" AS USED IN THIS SECTION SHALL MEAN KOSMAZ TECHNOLOGIES LLC AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
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 QUICKPBX AGAINST ANY AND ALL LIABILITY FOR ANY SUCH USE THAT FAILS TO COMPLY WITH THIS AGREEMENT. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS QUICKPBX FROM ANY AND ALL CLAIMS AND/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. THIS SECTION SHALL SURVIVE THE AGREEMENT.
6. LIMITATION OF LIABILITY
THE TERM " QUICKPBX " AS USED IN THIS SECTION SHALL MEAN KOSMAZ TECHNOLOGIES LLC AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
IN NO EVENT SHALL QUICKPBX BE LIABLE TO YOU 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, AND/OR DELAY. NOR SHALL QUICKPBX 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 QUICKPBX OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND QUICKPBX'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. QUICKPBX SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO QUICKPBX'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 DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF QUICKPBX'S NEGLIGENCE OR OTHER ACTS OR OMISSIONS. QUICKPBX'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 QUICKPBX WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE QUICKPBX 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 QUICKPBX TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW. THIS SECTION SHALL SURVIVE THE AGREEMENT.
THE TERM " QUICKPBX " AS USED IN THIS SECTION SHALL MEAN KOSMAZ TECHNOLOGIES LLC AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE.
QUICKPBX PROVIDES THE SERVICE, MATERIAL AND CONTENT “AS IS” AND MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. QUICKPBX DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. QUICKPBX 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. 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 QUICKPBX TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
QUICKPBX IS NOT A "DIAL-TONE" PROVIDER. IN THE EVENT OF AN EMERGENCY WHILE USING THE SERVICES, HANG UP AND DIAL "911". YOU MUST USE THE TELEPHONE SERVICE PROVIDED BY YOUR LOCAL CARRIER TO MAKE A 911 CALL.
9. CHANGES TO THIS AGREEMENT
QuickPBX may change the terms and conditions of this Agreement from time to time. Changes to this Agreement supercede all previously agreed to electronic and written Terms and Conditions. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, AND/OR TERMS AND CONDITIONS HAVE BEEN MADE, YOU AGREE TO THE CHANGES. Notices will be considered given and effective on the date posted on the QuickPBX website at www.QuickPBX.com/terms and/or the date we notify you of changes by the following: posting on the Website, or email at the address provided by you, or postcard, letter, recorded announcement, message on your bill, or an insert in your bill, or newspaper ad, or a call to your billed telephone number, whichever occurs first.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
All notices, requests, claims, demands and other communications between the parties shall be in writing. All notices shall be given (i) by a nationally recognized next day courier service to the address “1201 Alta Vista Dr Apt 202 Walnut Creek, CA, USA 94596”, (ii) by first class, registered or certified mail, postage prepaid to the address “1201 Alta Vista Dr Apt 202 Walnut Creek, CA, USA 94596”, (iii) by electronic mail to [email protected] or such other address as either party may specify in writing.
13. ENTIRE AGREEMENT
This Agreement and any modifications to it pursuant to Section 8, and the rates for Services found on QuickPBX's website, constitute the entire agreement between you and QuickPBX and govern your use of the Service, superseding any prior agreements between you and QuickPBX and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No changes to this Agreement shall be binding upon either you or QuickPBX unless they are made pursuant to Section 8.
QuickPBX may assign all or part of its rights or duties under the 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 agreement.
15. NO THIRD PARTY RIGHTS
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.
The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations and disclaimers, resolution of disputes, billings and your obligation to pay for the Service provided and any additional usage charges, shall survive the termination of the Agreement and the termination of the Service.
17. GOVERNING LAW
This Agreement and the relationship between you and QuickPBX shall be governed by the laws of the State of California without regard to its conflict of law provisions.
Use of the Services shall be in accordance with these Terms and Conditions. Information on the The Website or in other materials may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. QuickPBX may also make improvements and/or changes to the Services, Software or Website at any time without notice. Statements and descriptions concerning the Service, Software or Website, if any, by QuickPBX or QuickPBX's agents or partners are informational and are not given as a warranty of any kind.
All Services Software and the Website and equipment provided by QuickPBX are provided “as is”. QUICKPBX DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, THE SOFTWARE, THE WEBSITE OR ANY EQUIPMENT PROVIDED.
IN NO EVENT WILL QUICKPBX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, PUNATIVE, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, SOFTWARE OR WEBSITE OR ANY TRANSACTIONS PROVIDED ON, OR HYPERLINKED, FROM THE WEBSITE, EVEN IF QUICKPBX OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE WEBSITE, INCLUDING WITHOUT LIMITATION THE INABILITY BY YOU OR ANY THIRD PARTY TO BE ABLE TO DIAL 9-1-1 OR OTHER EMERGENCY SERVICE NUMBERS OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE.
By way of example, and not limitation, QuickPBX shall not be liable for any delay or failure to provide the Service at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
- act or omission of an underlying carrier, service provider, vendor or other third party;
- equipment, network or facility failure;
- equipment, network or facility upgrade or modification;
- Force Majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
- equipment, network or facility shortage;
- equipment or facility relocation;
- service, equipment, network or facility failure caused by the loss of power to you;
- outage of your ISP or broadband service provider;
- your act or omission or that of any other person using the Service provided to you; or
- any other cause that is beyond QuickPBX's control, including without limitation, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed.
QUICKPBX'S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR EXPENSE FROM ANY CAUSE WHATSOEVER, SHALL IN NO EVENT EXCEED SUMS ACTUALLY PAID TO QUICKPBX'S BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.
Links available on or through the Website may enable you to leave the Website. The linked sites are not under the control of QuickPBX and QuickPBX is not responsible for the content of any linked site or any link contained on or through a linked site, any changes or updates to such sites or the privacy practices of any linked site. It is up to you take precautions to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature. QuickPBX is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by QuickPBX.
You may deal directly with the advertisers available on or through the Website. You agree that these sites are not under the control of QuickPBX and QuickPBX is not responsible for any dealings, loss or damage of any sort you may have as a result of such advertising on the Website.
QuickPBX cannot and does not guarantee or warrant that the files available for downloading from the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Services, Software and Website, and your use of the Internet.
You agree to indemnify, defend and hold harmless QuickPBX, its officers, directors, employees, agents, subsidiaries, shareholders, licensors, suppliers and any third party information providers of or to the Services, Software or Website (the “Indemnified Parties”), from and against all third party claims, losses, expenses, actions, liabilities, damages and costs (including without limitation reasonable attorneys' fees) arising out of or in connection with any claim, demand, action, suit, investigation, arbitration, or other proceeding by a third party to the extent directly or indirectly arising from your use of the Services provided by QuickPBX. The provisions of this paragraph are for the benefit of the Indemnified Parties. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
You agree that QuickPBX, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, Software or Website, for any reason, or no reason. QuickPBX may also in its sole discretion, discontinue providing or modify the Service, Software or Website or any parts thereof. You agree that any termination of your access to, or modification of the Service, Software or Website may be effected without prior notice. Further, you agree that QuickPBX shall not be liable to you or any third-party for any such termination, modification, deactivation or any other act of QuickPBX contemplated by this paragraph.
The export and re-export of the Service, Software and Website are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you agree to comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Service, Software and Website to any destination requiring such a license. In addition, the Service, Software and Website may not be exported or re-exported (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (c) any other country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located. By activating the Service, downloading or using the Software or using the Website, you are certifying that you are not a national of one of these countries or of any other country to which the United States embargoes goods, services or technology and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
These Terms and Conditions shall be governed and construed in accordance with the laws of the State of California, USA, without reference to its conflicts of laws rules. In any legal action or proceeding between you and QuickPBX concerning or arising out of these Terms and Conditions, you agree to submit to exclusive jurisdiction of the federal and state courts having jurisdiction over Walnut Creek, California and you expressly waive all defenses to lack of jurisdiction. Any cause of action or claim you may have with respect to the Service, Software or Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred. QuickPBX's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties not trade practice shall act to modify any provision of these Terms and Conditions. QuickPBX may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
Last Updated: September 27, 2014