|
General Service Agreement Conditions of Use
1. Acknowledgment and acceptance of terms of use
Cliconnect provides telecommunication services described in greater
detail on this web site (www.Cliconnect.com) (the Service) to you (the
End User) subject to the following conditions. By accessing this site
and/or registering or using the Service, the End User acknowledges
receiving, reading and understanding this General Service Agreement (the
Agreement) and accepts the terms and conditions herein. If you do not
agree to these Conditions of Use, please do not use our site or the
Service. We reserve the right, at our discretion, to update or revise
these Conditions of Use. Each time you log in or otherwise access this
site or use the Service following the posting of any changes to the
Conditions of Use, you hereby accept these changes regardless of whether
you have checked or visited the Conditions of Use portion of the site.
These Conditions of Use govern the use of our site by viewers and other
users.
2. Conduct
You are solely responsible for your actions and the content of your
transmissions through or in connection with the Service, it being
understood that each employee acts on behalf of any company with which
such employee is associated in all actions and submissions on or in
connection with the Service. You agree:
(a) to abide by all applicable local, state, national, and international
laws and regulations in your use of the Service;
(b) not to use the Service for illegal purposes;
(c) not to use or attempt to use another person's or entity's account,
telephone number, service, system or other Confidential Access
Information without authorization from the owner;
(d) to comply with all laws regarding the transmission of voice or
technical data (including all export laws, regulations, and restrictions
of Canada);
(e) not to stalk, threaten, or harass anyone through, in connection with,
or utilizing any data collected through the Service;
(f) that we neither endorse the content of any of your communications
nor assume any responsibility for any threatening, libelous, obscene,
harassing or offensive material contained in such materials, or any
crime facilitated by use of the Service;
(g) not to interfere or disrupt networks connected to the Service or
otherwise attempt to interfere with the proper function of the Service;
and
(h) not to attempt to obtain unauthorized access to the Service.
Cliconnect may, in its sole discretion, immediately terminate your
access to the Service and/or this site should your conduct fail to
conform to any provision of this Agreement.
3. Terms of use for Basic Membership aka free account
For Cliconnect Basic Membership user or otherwise known as free account
owner, the Service is provided to you for your personal, residential,
non-business and non-professional use. This means that you are not to
use it for any commercial or governmental activities, profit-making or
non-profit, including but not limited to home office, business, sales or
any other activity that would be inconsistent with normal personal usage
patterns. This also means that you are not to resell, package with
equipment 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 Cliconnect. Cliconnect reserves the right to immediately
terminate or modify the Service, if Cliconnect determines, in its sole
discretion, that Customer's Service is being used for non-personal or
business use.
4. Terms of use for Individual Service
For Cliconnect Individual service user, the Service is provided to you
as an individual user, for your personal, residential, non-business and
non-professional use. This means that you are not to use it for any
commercial or governmental activities, profit-making or non-profit,
including but not limited to home office, business, sales,
tele-commuting, telemarketing (including without limitation charitable
or political solicitation or polling), autodialing, continuous or
extensive call forwarding, fax broadcast, fax blasting or any other
activity that would be inconsistent with normal individual usage
patterns. This also 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 Cliconnect.
You agree that your use of the Service provided to you by any other
person for any business or governmental purpose will obligate you to pay
Cliconnect's higher rates for business service on account of all periods,
including past periods, in which you use, or used, the Service for
business or governmental purposes. Cliconnect reserves the right to
immediately terminate or modify the Service, if Cliconnect determines,
in its sole discretion, that Customer's Service is being used for
non-individual or business use.
5. Terms of use for Business Service - Resale, even for free is
prohibited
For Cliconnect Business service user, the Service is provided to you as
a business user. This means that you are not to resell or transfer the
service to any other person for any purpose, without express written
permission from Cliconnect. You agree that the Cliconnect Business Plans
do not confer the right to use the service for auto-dialing, continuous
or extensive call forwarding, call centers (incoming or outgoing),
telemarketing (including without limitation charitable or political
solicitation or polling), fax broadcasting or fax blasting. Cliconnect
reserves the right to immediately terminate or modify the Service, if
Cliconnect determines, in its sole discretion, that Customer's Service
is being used for any of the activities mentioned above.
6. Termination/Upgrade/Downgrade of Monthly Calling Plans
For Cliconnect Individual and Business monthly plan users the service is
provided on a monthly basis and is paid in advance for each month. The
monthly plan activation date is deemed the anniversary date. The monthly
plan will renew each month on the anniversary date unless terminated by
the customer. Notice of termination must be in writing and emailed to
sales@Cliconnect.com two days prior to the anniversary date. Monthly
plan fees will not be prorated and/or refunded for the termination month.
Notice of termination received after the required notice date will be
effective for the next anniversary date. A setup fee will be charged to
reactivate plans that were previously terminated. Requests to upgrade or
downgrade a monthly calling plan to a different calling plan must be
submitted in writing and emailed to sales@Cliconnect.com . Request to
change an existing plan must be submitted at least five days prior to
the monthly anniversary date. Requests to upgrade or downgrade a monthly
plan are not automatic and are subject to approval by Cliconnect.com,
LLC. Existing monthly plan customers that receive approval from
Cliconnect.com, LLC to change to a more expensive (upgrade) monthly plan
may do so without having to pay another setup fee. Existing monthly plan
customers that receive approval from Cliconnect.com, LLC to change to a
less expensive (downgrade) monthly plan may do so and will be required
to pay another setup fee.
7. Prohibited Uses
Any End User's use of the Service or any other action that causes a
disruption in the network integrity of Cliconnect or its vendors,
whether directly or indirectly, is strictly prohibited and could result
in termination of the Service and/or payment for damages relating to
such conduct. The End User understands that neither Cliconnect nor its
vendors are responsible for the content of the transmissions that may
pass through the Internet and/or the Service. The End User agrees that
it will NOT use the Service in ways that violate laws, infringe the
rights of others, or interfere with the users, services, or equipment of
the network. The End User agrees and represents that it is using the
Service for its own internal use only, and shall not resell the Service
thereof. The Service is for the personal, residential and reasonable
business use of the End User only. Such use shall not include certain
activities, including but not limited to any autodialing, continuous or
extensive call forwarding, continuous connectivity, fax broadcast, fax
blasting, telemarketing or any other activity that would be inconsistent
with personal, residential and reasonable business use patterns.
8. Changes to the Agreement and Service
Cliconnect may change the terms and conditions of this Agreement from
time to time and at its discretion without prior notice. Cliconnect
reserves the right to change, suspend or cancel the Service, temporarily
or permanently, with or without notice to the End User. Cliconnect will
not be liable to the End User or any third party in the event that
Cliconnect exercises its right to modify or discontinue the Service.
9. Telephone Numbers
Any telephone number provided by Cliconnect (the Number) to the End User
shall be leased and not sold to the End User. The End User shall not
obtain any rights, title or interest in the Number. The Number is not
portable to other service providers. The End User is not to use the
Number with any other device other than the approved equipment (the
Equipment) without the express written permission of Cliconnect.
Cliconnect reserves the right to change, cancel or move the Number at
its discretion. Upon expiration, cancellation or termination of the
Service, the End User shall relinquish and discontinue use of any phone
numbers, voice mail access numbers and/or web portals assigned to the
End User by Cliconnect.
10. Fees
Cliconnect does not currently charge any fees to use The Basic Service.
Cliconnect reserves the right to change this policy at its sole
discretion without prior notice. The End User is responsible for
procuring and paying the costs for any software, hardware, or internet/broadband
connection charges necessary to access and use the Service.
11. Payment
All paid services new or recurring are prepaid.
Your initial use of the Service authorizes Cliconnect to charge the
credit card account number on file with Cliconnect, including any
changed information given Cliconnect if the card expires or is replaced,
or if you substitute a different card, for Cliconnect recurring charges.
This authorization will remain valid until 30 days after receives your
written notice terminating Cliconnect's authority to charge your credit
card. You can cancel recurring plans at any time sending us a notice by email.
12. Late/Non-payment
Cliconnect may terminate your Service at any time in its sole
discretion, if any charge to your credit card on file with Cliconnect is
declined or reversed, your credit card expires and you have not provided
Cliconnect with a valid replacement credit card or in case of any other
non-payment of account charges.
13. Billing
The service user must provision Cliconnect with a valid credit card
number (Visa, MasterCard, Discover, American Express or any other issuer
then-accepted by Cliconnect) when the Service is activated. Cliconnect
reserves the right to stop accepting credit cards from one or more
issuers. If the card expires, you close your account, your billing
address changes, or the card is cancelled and replaced owing to loss or
theft, you must advise Cliconnect immediately. Such billing charges will
include monthly service fees, applicable taxes and any other applicable
charges. Monthly service fees are charged in advance to your credit
card, including but not limited to: monthly recurring charges.
14. Taxes
You are responsible for, and shall pay, any applicable federal, state,
provincial, municipal, local or other governmental sales, use, excise,
value-added, personal property, public utility or other taxes, fees or
charges now in force or enacted in the future, that arise from or as a
result of your subscription or use or payment for the Service or a
Device. Such amounts are in addition to payment for the Service or
Devices and will be billed to your credit card as set forth in this
Agreement.
15. Technical Support
Cliconnect provides the End User with technical support at its sole
discretion and as limited to the Service and the Equipment provided
hereunder. Technical support is rendered from Cliconnect's premise, as
available, via email. Support for other applications and uses is not
provided or implied.
16. Termination
Cliconnect reserves the right to, in its sole discretion, suspend or
discontinue your access to all or part of this site or the Service, with
or without notice. Cliconnect will not be liable to you or any third
party for termination of the Service.
17. Indemnification
The End User agrees to defend, indemnify and hold harmless Cliconnect,
its directors, officers, shareholders, affiliates, agents, successors,
assigns and vendors, from any claims or damages relating to this
Agreement or a breach or violation of this Agreement, including
reasonable attorneys' fees.
18. Critical Components:
EMERGENCY SERVICES- 911 AND E911 DIALING NOT POSSIBLE
Cliconnect DOES NOT OFFER OR SUPPORT 911 OR ANY OTHER EMERGENCY
FUNCTIONS.
You acknowledge and understand that the Service does NOT support 911 or
E911 access to emergency services.
You agree to inform any household residents, guests and other third
persons who may be present at the physical location where you utilize
the Service of the non-availability of traditional 911 or E911 dialing
from your Cliconnect Service and Device(s).
WE STRONGLY RECOMMEND THAT YOU MAINTAIN AN ALTERNATE MEANS OF ACCESSING
EMERGENCY SERVICES. Cliconnect does not fully substitute your regular
telephone setup. The Cliconnect service enhances your communication
capabilities but it does not replace traditional phone services.
Neither Cliconnect nor its officers or employees may be held liable for
any claim, damage, or loss related to 911 or any other emergency
functions. Therefore, you hereby waive any and all such claims or causes
of action, arising from or relating to 911. You agree to indemnify and
hold harmless Cliconnect from any claim or action arising out of 911
emergency services access.
19. Disclaimer of Warranties and Limitation of Liability
To the full extent permissible by applicable law, Cliconnect disclaims
all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular
purpose and non-infringement. Cliconnect does not warrant that this
site, its servers, the Service or e-mail sent from Cliconnect are free
of viruses or other harmful components. Cliconnect will not be liable
for any damages of any kind arising from the use of or inability to use
this site, including, but not limited to direct, indirect, incidental,
punitive, special, exemplary and consequential damages. This limitation
applies whether the alleged liability is based on contract, tort,
negligence, strict liability, or any other basis, even if Cliconnect has
been advised of the possibility of such damage. Cliconnect makes no
representations or warranties of any kind express or implied, as to the
operation of this site and/or the Service or the information, content,
materials, or products included on this site. Cliconnect makes no
warranty that:
(i) this site or the Service will meet your requirements,
(ii) this site or Service will be uninterrupted, timely, secure, or
error-free,
(iii) the results that may be obtained from the use of this site or
Service will be accurate or reliable,
(iv) the quality of any products, services, information, or other
material purchased or obtained by you through this site or Service will
meet your expectations, and
(v) any errors in this site or the Service will be corrected.
Cliconnect will not be liable for any direct, indirect, consequential,
incidental or special damages, whether foreseeable or not, which may
result from use or access to this site and/or the Service. You
understand and agree that the use of this site and/or the Service is at
your sole risk and discretion and is on an "as is" and "as available"
basis. You also understand and agree that you will be solely responsible
for any damage resulting from your use of this site or the Service,
including damage to your computer system or loss of data that results
from material or data that is downloaded from this site.
Cliconnect is not responsible for the content on the Internet or the
World Wide Web not otherwise located on this site. As a convenience to
our End Users, Cliconnect may provide links to resources that are beyond
its control. Cliconnect makes no representations as to the quality,
suitability, functionality or legality of any sites to which we may
provide links, and the End User hereby waives any claim he or she might
have against Cliconnect with respect to such sites.
20. No Consequential Damages
In no event shall Cliconnect, its officers, directors, employees,
affiliates, agents, successors, assigns or any other service provider
who furnishes services to the End User in connection with this Agreement
or the Service be liable for any incidental, indirect, special,
punitive, exemplary or consequential damages, or for any other damages,
including but not limited to loss of data, loss of revenue or profits,
or arising out of or in connection with the use or inability to use the
Service, including inability to be able to dial 911 or to access
emergency service personnel through the Service. The limitations set
forth herein apply to claims founded in breach of contract, breach of
warranty, products liability, tort and any and all other theories of
liability and apply whether or not Cliconnect was informed of the
likelihood of any particular type of damages.
21. Remedies for Breach of these Terms by You
In the event that Cliconnect determines, at its sole discretion, that
you have breached any portion of these Conditions of Use, or have
otherwise demonstrated conduct inappropriate for our site, Cliconnect
reserves the right to (i) warn you via email that you have violated
these Conditions of Use; (ii) delete any or all content provided by you
or your agent(s) to this site, (iii) discontinue your access to the
Service or site; (iv) notify and/or send content to and/or fully
cooperate with the proper law enforcement authorities for further
action; and/or (v) any other action which Cliconnect deems to be
appropriate.
22. Governing Law
This Agreement is governed by the laws of the Provincial of British
Columbia - Canada without regard to its conflicts of law provisions. The
End User acknowledges and agrees that Bristish Columbia courts have
jurisdiction over this Agreement and customer, Kelowna - British
Columbia is an appropriate place for venue of any litigation, and that
all litigation, to the extent possible, shall be in Kelowna - British
Columbia - Canada..
23. Copyrights and Trademarks
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and
software, is the property of Cliconnect or its content suppliers (the
Intellectual Property) and protected by Canada and international
copyright laws. The compilation of all content on this site is the
exclusive property of Cliconnect and protected by Canada and
international copyright laws. You may not post to this site, use the
Service and/or copy, reproduce, retransmit, distribute, publish,
commercially exploit or otherwise transfer, any material subject to any
Intellectual Property. You have the burden of determining whether any
information, software, images or any other content on this site is not
protected by any Intellectual Property.
24. Registration Information/Privacy Policy
When you register as a member of Cliconnect, you will be required to
provide us with your End User I.D., and password other confidential
access information (Confidential Access Information).
Except as provided herein, Cliconnect will not sell to any third party
your name, address, email address and End User I.D., unless you provide
your informed consent, except to the extent necessary to comply with
applicable laws, police investigations or in legal proceedings where
such information is relevant. Cliconnect grants to third parties
providing technical services to us access to our database only to the
extent necessary to provide such technical services. In those instances,
such third parties are bound by these Terms and Conditions. Your
informed consent shall be in the form of an "opt in" or similar policy.
In addition, Cliconnect may assign, sell, license, or otherwise transfer
to a third party its entire database, including your name, address,
email address, and End User I.D., in connection with an assignment,
sale, joint venture, or other transfer or disposition of all or a
significant portion of the assets or stock of Cliconnect.
You are responsible for maintaining the confidentiality of your
Confidential Access Information. You shall be responsible for all uses
of your Confidential Access Information, whether or not authorized by
you. You agree to immediately notify Cliconnect of any unauthorized use
of your Confidential Access Information.
25. Linking to the Site
You may provide links only to the splash page of this site (located at
www.Cliconnect.com, provided (a) you do not remove or obscure, by
framing or otherwise, the copyright notice, content or other notices on
this site, (b) you give Cliconnect prior written notice of such link by
sending an e-mail to webmaster@Cliconnect.com, and (c) you discontinue
providing links to this site if notified by Cliconnect.
26. Miscellaneous
In the event that any provision of this Agreement conflicts with the law
under which this Agreement is to be construed or if any such provisions
are held invalid by a court with jurisdiction over the parties to this
Agreement, such provision will be deemed to be restated to reflect as
nearly as possible the original intentions of the parties in accordance
with applicable law, and the remainder of this Agreement will remain in
full force and effect.
The failure of any party to insist upon or enforce strict performance by
the other party of any provision of this Agreement or to exercise any
right under this Agreement will not be construed as a waiver or
relinquishment to any extent of such party's right to assert or rely
upon any such provision or right in that or any other instance, rather,
the same will be and remain in full force and effect.
Cliconnect may assign its rights and obligations under this Agreement,
and upon such assignment Cliconnect may be relieved of any further
obligation hereunder. This Agreement, and any modifications of this
Agreement by Cliconnect as provided above, constitute the entire
understanding between the parties as to subject matter hereof, and
supersede all prior agreements and understandings. Any legally
unenforceable provision of this Agreement will, at the election of
Cliconnect, be deleted or modified to correct the defect and,
regardless, the remainder of the terms of this Agreement will remain
valid and enforceable.
27. Consent to Receive Electronic Documents
By accessing this site and using the Service, you are agreeing to
receive electronic documents, billing reports, statements and records
(electronic records) in lieu of paper documents, statements and records
from us. Your electronic records may be emailed to you to the email
account that you provide to us, accessed through this site using your
Confidential Access Information or otherwise electronically provided to
you. By accessing this site and using the Service, you are also agreeing
to the use of electronic signatures in lieu of (and in addition to)
wet-ink, physical signatures. You may request a paper copy of any
electronic record that we send you by sending an email request to
support@Cliconnect.com or by sending a written request to Cliconnect,
ATTN: Support , 1876 Porthill Dr, Kelowna, BC- V1V 1R9 - Canada. You
will be charged $10.00 for every paper record that you request prior to
your cancellation of consent. You can withdraw your consent to receive
electronic records from us by sending an email message to
support@Cliconnect.com or by sending a written letter to Cliconnect,
ATTN: Support , 1876 Porthill Dr, Kelowna, BC- V1V 1R9 - Canada. You
will be charged a $50.00 cancellation of consent fee. This consent
applies to all electronic records that we may send you. Your withdrawal
of this consent will not affect the legal effectiveness, validity or
enforceability of any electronic record that we provide to you prior to
the withdrawal of such consent. If you change your email address to
receive electronic records, you must notify us of your new email address
by sending an email message to support@Cliconnect.com or by sending a
written letter to Cliconnect, ATTN: Support , 1876 Porthill Dr, Kelowna,
BC- V1V 1R9 - Canada.
28. Return policy and limited guarantee against defects
Every third party product you buy from Cliconnect is backed first by the product manufacturer's warranty. Cliconnect's 30 day limited warranty against defects, may also apply. Cliconnect's 30 day limited warranty is a defective exchange policy that provides for either repair or replacement (at our sole discretion) of merchandise that has been confirmed as defective by either the manufacturer or Cliconnect. Leased merchandise is not eligible for this warranty. Due to licensing and copyright laws, we do not accept returns on software once a package has been opened. Defective software will be exchanged for the same title only according to Cliconnect's limited 30 day warranty described above. Hardware confirmed as defective by the product manufacturer or Cliconnect will either be exchanged or repaired at our sole discretion within the first 30 days of ownership only. After 30 days the product manufacturer warranty is the only warranty in effect. Terms and conditions may vary by product or manufacturer. Cliconnect will assist customers whenever possible in gaining satisfaction with product manufacturers. For assistance or to exchange a defective product please call (917)4770321. Products returned for exchange must be in new condition, original packaging and include all disks, registration cards, packing materials and other accessories and be received within 30 days of the invoice date. We reserve the right to refuse for return or charge a restocking fee for damaged or incomplete returns. No returns will be accepted without an RA number issued by Cliconnect or when the product manufactures or distributors return policies supersede ours.
29. Acknowledgment
You represent to Cliconnect that you have the authority and capacity to
understand and agree to these Conditions of Use. You acknowledge (a)
that you have read and understood these Conditions of Use; and (b) that
these Conditions of Use have the same force and effect as a signed
agreement.
|