Terms Of Service

Last Updated March 8, 2015.

 

PLEASE CAREFULLY READ ALL THE TERMS AND CONDITIONS BELOW BEFORE YOU ORDER SERVICES, LISTS OR LEADS. ALL PURCHASES ARE NON-REFUNDABLE AND ARE GOVERNED BY OUR PUBLISHED REFUND POLICY. COMPLIANCE WITH THESE TERMS AND CONDITIONS IS REQUIRED OF EACH CLIENT. IF YOU ARE NOT OF LEGAL AGE TO ENTER INTO THIS CONTRACT, IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS HEREIN, OR IF YOU ARE OTHERWISE UNABLE TO BE A PARTY TO THIS AGREEMENT, YOU SHOULD PROMPTLY EXIT FROM OUR WEBSITE WITHOUT MAKING A PURCHASE. WE RESERVE THE RIGHT TO REFUSE SERVICES TO ANYONE IN OUR SOLE AND ABSOLUTE DISCRETION.

THIS AGREEMENT, by and between GlobalTmail USA, LLC (a Utah limited liability company), and the GlobalTmail™ Client who registsers as a Client and/or buys any GroupCaller™ or GlobalTmail™ service (herafter “User”, “you”, or “Client”), is entered into at the time of purchase of any GroupCaller™ or GroupCaller™ related service and is hereby made a part of all rules, regulations, procedures and policies of GlobalTmail™ Member Agreement, Associate Agreement, Client Agreement and all other Policies and Procedures of the company.

 

INTRODUCTION: Voifone™ is the trade name for the VoIP calling platform, which includes PBX switching capabilities plus softphone for users. GroupCaller™ is the trade name for the software combined with the hardware platform that provides the services offered by GlobalTmail USA, LLC. GlobalTmail USA, LLC is the owner of this tradename. Any individual, company or entity who uses any portion of our website(s) and/or our services certifies their agreement to the Terms of Service (“TOS”) presented here, plus any future modifications or changes. The company’s Policies and Procedures and Refund Policy are hereby incorporated into the TOS as if fully presented herein. All Users, which include but not limited to Customers, Associates, Members, Clients and others (hereafter “Users”) agree it is their responsibility to refer back to this TOS page and other agreements on a regular basis to stay up to date and remain in compliance with the TOS. Modifications are made to the TOS on a regular basis. All Users agree that posting the data of last modification at the top of this page constitutes sufficient notice to you, and all Users agree to be bound by all provisions of the TOS and associated policies, agreements and/or links upon the Company’s posting of such updates. No warrantee is given, implied or guaranteed that the services we provide are suitable for any particular purpose. No performance guarantee or result is guaranteed other than the operability of our services subject to the limitations of the TOS.

VOIFONE™ :  Voifone™ Users agree to be bound by the TOS and any updates posted on the Company’s website. The Company provides its own proprietary softphone software in addition to some software which is provided under public domain license and/or GNU GENERAL PUBLIC LICENSE. Any software which is provided by the Company under the Company’s own private copyright is entitled to all copyright protection for its intellectual property.

VOIFONE™ SMS SERVICES: Users of our Short Code, International and International Wholesale SMS services agree to be bound by all general conditions of these Terms of Service.  The Client agrees that all fees paid including License Fees, Access Fees, Keyword Fees, Message Delivery Fees and any other SMS-related fees are earned by the Company when paid and are subject to the Company’s Refund Policy.  In the event the Client does not request a refund under the terms of the Company’s 30-Day Money Back Guarantee for Short Code SMS services, the Client agrees that all fees were fully earned by the Company when paid by the Client and are not subject to refund under the Company’s Refund Policy.  The partial exception to this rule is the 30-Day Money Back Guarantee published on the Company’s website.  Terms and Conditions of the 30-Day Money Back Guarantee are as follows:

  • 30-Day Money Back Guarantee Terms and Conditions:    This is a promotional offer which applies only to the Company’s Short Code SMS services in the USA.  It does not apply to any payments or services if the customer uses any of the EZ Pay options to finance the One-Time License Fee. It may be withdrawn or cancelled at any time with or without notice by the Company.  If requested in writing within 30 days or less of the purchase date of services, Clients who purchase the Short Code SMS service may receive a refund of the entire License Fee, first month of the Access Fee plus any messages purchased up to a maximum of 1000 prepaid messages during the first month. The Company reserves the right to ask the Client to reconsider their choice to request a refund and offer incentives to do so.  The Company also reserves the right to ask questions of the Client in an effort to understand what went wrong and improve its services, and the Client agrees to answer such questions honestly as a condition of receiving the refund.  The Company may, in its sole and absolute discretion, choose its preferred method of payment of such Refund.  The Company’s choices for issuing a refund are (a) by refunding through the customer’s credit or debit card or through Paypal, or by  (b) issuing and mailing a Company or bank check check to the address submitted by the Client  on the SMS Client Registration Form or (c) by delivering currency in US Dollars to the Client.  If the Company issues currency, the Client agrees to sign a receipt as provided by the Company at the time of refund.  All Message Delivery Fees in excess of the first 1,000 pre-paid messages are earned by the Company when paid and are not subject to refund under the Company’s Refund Policy nor under this 30-Day Money Back Guarantee. The Client requesting the refund agrees that the Company has up to 120 days after the original purchase date to issue a refund provided the Client properly requests the refund in writing and within the specified time frame as required herein.  The Company’s issue date for the Client’s refund is considered the date on which a Company or bank check is deposited in the US Mail address to the Client or the date on which the Company issues an order through its merchant account processor to deliver a refund to the customer’s debit card, credit card or Paypal account. When mailing a refund check under this policy, the Parties agree the Company must deliver the check to the address provided to the Company on the SMS Client Registration form, unless the Client informs the Company, in writing, of a different address prior to the issue date of the Refund.

VOIFONE™ CRM SERVICES: Customers who use the Company’s CRM service agree to be bound by the terms of service in this section in addition to all other Terms of Service. The Company does not warrant its CRM as suitable for any particular purpose by the User and disclaims any liability whatsoever to the user for the User’s application, use, misuse, or any other condition relative to the User’s activity while using the CRM. The Company agrees to provide a limited amount of online usage support free of charge in the form of “how-to” articles and videos, showing the user the procedures required to use the System. The Company may, at its own discretion, establish a User Forum where the Company’s CRM users may add articles, hints, tips and post messages to and for other users in an effort to help the Voifone™ CRM community use this product. No free or unpaid support, other than the online documentation and/or forums is provided by the Company. The Company does provide paid support for its CRM in the form of Service Level Agreements (“SLA”‘s). The Company provides the following SLA’s for a fee. Fees are available in the Company’s Customer Area and also on its website.

 

Following are the SLA’s provided by the Company:

    • Basic SLA The Basic SLA provides trained Chat Support Reps who can provide step-by-step walk through instructions, plus links to online video and written instructions regarding how to use and operate various features of the CRM. The usage assistance provided is limited to simple command structure elements, showing the User how to enter Leads, Contact, Vendors and Organizations; how to use the Calendar feature, basic concepts of CRM usage and management, how to use the email system, how to set up and manage multiple email accounts and similar usage issues. This SLA is available by pre-paying a batch of hours. Hours are tracked when a Support Rep is chatting with or working on behalf of the User and the time value is deducted from the User’s account balance. Current pricing is available in the Customer Portal.

 

    • Silver SLA All features of the Basic SLA are included in the Silver SLA. The Silver SLA includes instruction regarding the Settings area of the CRM for purposes of configuration and customization. Silver SLA customers also have access to remote assistance from our support reps. Remote Assistance is provided through one or more free remote assistance programs, such as Team Viewer (or others) in which our support rep logs into the customer’s computer remotely for the purpose of instructing the user or performing configuration and/or other tasks on behalf of the User. Step-by-step walk through plus chat instruction is provided. The Silver SLA is available from the Customer Portal after the Customer logs in from the link provided on the Company’s home page. This SLA is available by pre-paying a batch of hours. Hours are tracked when a Support Rep is chatting with or working on behalf of the User and the time value is deducted from the User’s account balance. Current pricing is available in the Customer Portal.

 

    • Gold SLA The Gold SLA includes all features of the Basic and the Silver SLA’s but also includes branding, custom programming, free access to the Company’s USA Business Database for marketing purposes and phone support. Gold SLA customers purchase either a monthly or annual subscription for “unlimited” access to our Support Staff and/or programming staff, by phone, chat or email. “Unlimited” does not mean “unreasonable”. The Company does not formally track hours of usage for Gold SLA customers. However, the Company reserves the right to charge an additional fee in the event the Company discovers the customer’s Gold SLA usage exceeds 80% of the Company’s cost to deliver such services. Current pricing is available in the Customer Portal.

 

The GNU GENERAL PUBLIC LICENSE for

Linphone, one of the softphones branded to and customized for the Company, is as follows:

GNU GENERAL PUBLIC LICENSE

Version 2, June 1991

 

Copyright (C) 1989, 1991 Free Software Foundation, Inc.

59 Temple Place, Suite 330, Boston, MA 02111-1307 USA

Everyone is permitted to copy and distribute verbatim copies

of this license document, but changing it is not allowed.

 

Preamble

 

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software–to make sure the software is free for all its users. This General Public License applies to most of the Free Software

Foundation’s software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.

 

 

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things. To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

 

 

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

 

 

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software. Also, for each author’s protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original author’s reputations.

 

 

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone’s free use or not licensed at all.

 

 

The precise terms and conditions for copying, distribution and modification follow.

 

GNU GENERAL PUBLIC LICENSE

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

 

 

  1. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The “Program”, below, refers to any such program or work, and a “work based on the Program” means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another

language. (Hereinafter, translation is included without limitation in the term “modification”.) Each licensee is addressed as “you”.

 

 

Activities other than copying, distribution and modification are notcovered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

 

 

1.You may copy and distribute verbatim copies of the Program’s source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

 

 

  1. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

 

 

a. You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

 

 

b.You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

 

 

c. If the modified program normally reads commands interactively then run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. Exception: if the Program itself is interactive but does not normally print such an announcement,your work based on the Program is not required to print an announcement.)

 

 

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you

distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

 

 

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or

collective works based on the Program.

 

 

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under

the scope of this License.

 

 

  1. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

 

 

a. Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange;

 

 

b. Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

 

 

c. Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.   If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

  1. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

 

  1. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

 

  1. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients’ exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

 

  1. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

 

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

 

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License./

 

  1. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

 

  1. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and “any later version”, you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

 

10.If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to themFree Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

 

 

NO WARRANTY

 

  1. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

 

  1. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

 

END OF GNU TERMS AND CONDITIONS FOR LINPHONE

 

How to Apply These Terms to Your New Programs

 

If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.

 

To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the “copyright” line and a pointer to where the full notice is found.

 

<one line to give the program’s name and a brief idea of what it does.>

 

Copyright(C) <year> <name of author>

 

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.

 

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.

 

You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA

 

Also add information on how to contact you by electronic and paper mail.

 

If the program is interactive, make it output a short notice like this when it starts in an interactive mode:

 

Gnomovision version 69, Copyright (C) year name of author

Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w’.

This is free software, and you are welcome to redistribute it under certain conditions; type `show c’ for details.

 

The hypothetical commands show w’ andshow c’ should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than show w’ andshow c’; they could even be mouse-clicks or menu items–whatever suits your program.

 

You should also get your employer (if you work as a programmer) or your school, if any, to sign a “copyright disclaimer” for the program, if necessary. Here is a sample; alter the names:

Yoyodyne, Inc., hereby disclaims all copyright interest in the program ‘Gnomovision’ (which makes passes at compilers) written by James Hacker.

 

<signature of Ty Coon>, 1 April 1989

TyCoon, President of Vice

 

This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License.

 

***END OF GNU PUBLIC LICENSE SECTION FOR VOIFONE SERVICE****

HOSTED AND STAFFED CALL CENTER SERVICES

By using the services of GlobalTmail™ USA, LLC dba GroupCaller™ (hereafter “Company” or “the Company”), the Client/User agrees to comply with all FTC/FCC rules and regulations pertaining to “Telemarketers” as defined in the Telemarketing Sales Rule and other applicable regulations. The Client agrees to register with the FTC, obtain the Client’s own Subscriber Account Number (“SAN”) and provide the SAN to the Company for its records. The Client further agree to comply with all provisions of the Do Not Call registry including the payment, if required, of a fee to the FTC for each Area Code called by the Client or by the Company’s Staffed Call Center on behalf of the Client, which exceeds the 5 free Area Codes granted by the FTC at no charge.

 

Lists. The Company provides calling lists for current, active Clients per the terms listed on our website. Such terms are subject to change from time to time without notice. By using our lists, you understand and agree that we do not warrantee or guarantee any particular level of accuracy of the data and/or information contained in the lists we provide. While we attempt to acquire accurate lists, you understand and agree that no list is 100% accurate, and that we affirmatively state that our lists are less accurate than many other lists available from many lists sources throughout the USA and Internationally. We are willing to filter lists for calling campaigns based on various demographics such as geography, education, home ownership, age, etc. However, the Client understands and agrees that none of the filters are accurate. The Company is willing to filter based on age and income or assets. But when the Client specifies older age groups of 40 and above, incomes higher than $60,000 annually, or assets greater than $100,000, the Company reserves the right to expand these filters to include younger ages, smaller incomes and less assets. the Client hereby certifies that he/she/it understands and agrees that older age, higher income and higher asset demographic filters are often inaccurate and also often result in a marketing list too small to run an effective Campaign which has a likelihood of allowing the Company to deliver the minimum required Leads for the Client’s purchase. In all cases, the Client agrees to allow the Company to expand or increase the geographic radius of a list and or modify the demographic filters applied to lists in the even the scrubbed list results in fewer than 50,000 records. The Client may supply his/her/it’s own list(s) for the Client’s campaign(s) at any time and use them without extra charge. When using the Client’s own lists the Client certifies that the list has been scrubbed for all applicable Do Not Call registry entries and the Client indemnifies, holds harmless and agrees to defend GlobalTmail USA, LLC, its owners, affiliates, employees, contractors or others from any or omissions acts which may result in a liability to the Company. The Company is under no obligation to update our lists based on any particular time schedule. Any and all Lists created by the Company for the exclusive use of the Client are considered owned by the Client upon receipt of Client’s payment. The Client acknowledges that the Company does not automatically deliver such lists to the Client. However, the Client may request any and all lists created by the Company on Client’s behalf and the Company shall email or make available by download those lists as requested by the Client at any time while the Client’s account with the Company remains active.

 

Staffed and Hosted Call Center Scripts. There are three (3) separate categories under which scripts are used for lead-generating purposes. (1) Per-Minute Staffed Call Center. (2) Purchased Leads. (3) Hosted Call Center Scripts. Under each category, the Client understands and agrees that scripts are merely a guide to help the Phone Agent disseminate correct information, overcome objections, and respond to questions. The Client understands and agrees that Phone Agents are not required to read scripts verbatim, and agrees that such verbatim reading of scripts is non-effective when talking to prospective customers, and that all Phone Agents are discouraged from the verbatim reading of scripts when talking to prospects for the Client. Therefore, the Client understands and agrees that each script for any Campaign of the Client consists of a written guide to the Phone Agent and is not generally intended for verbatim reading. Scripts are not a mandate for required syntax, exact words or spoken phrases when talking to prospects. The Client agrees that the Company’s Phone Agents are encouraged to put the ideas and concepts contained in a script into their own phrases or words to ensure that when talking to a prospect, their voice sounds natural, unrehearsed and uses the same everyday language with which each Phone Agent is accustomed when talking to others. With respect to scripts and representations over the phone, the Client understands and agrees that the Client is considered to be a “Telemarketer” by the FTC and FCC rules, and by other applicable laws and regulations. As such, the Client assumes responsibility for adhering to the Telemarketing Sales Rule as promulgated by the Federal Trade Commission, the DNC Registry, and all other regulations pertaining to telemarketers including required disclosures for telemarketing campaigns.

 

The Terms Of Service to which the Client agrees, as applied to campaign scripts for the three separate script categories, are as follows:

Per-Minute Staffed Call Center. The Client assumes the responsibility for creating their own script. To meet this responsibility, the Client may write their own script, may pay an employee to do so, may hire an outside agency for this task, or may also buy script-writing services from the Company on the Company’s website. All such production of scripts either created by or delegated by the Client are considered to be the intellectual property of the Client and as such, are considered to be the script which has been authorized to be used on the campaign(s) as designated by the Client. The Client is solely responsible for the content of any and all scripts under this category.

 

Purchased Leads from Staffed Call Center.If the Client buys Leads by paying a flat rate per lead, the GlobalTmail USA, LLC assumes the responsibility for creating the script. The Company also reserves the right to modify all content in all scripts used on the Client’s behalf without pre-authorization from the Client. The Company agrees to keep the Client informed of all such content when scripts are created and/or modified. The Client may make suggestions as to portions of the script they wish to to modify when running a Lead Generataion campaign. However, the Company bears the sole responsibility of ensuring that the script results in a profitable campaign for the Company based on the price paid by the Client for Leads. Therefore, any final decision regarding content of scripts for any and all leads purchased at a flat rate rests solely with GlobalTmail USA, LLC.

 

Hosted Call Center Scripts. When using the Hosted Call Center, the Client has the sole responsibility for creating and editing their own scripts for their own campaigns. The Client may elect to purchase script writing services from the Company, may write the script themselves, or may delegate the task to an employee, agent or outside agency at their sole discretion.

 

Price Changes. Prices are subject to change without notice. Due to fluctuations in the costs associated with Internet service, wholesale VoIP termination services, LEC (Local Exchange Company) price changes who publish hundreds of thousands prices on area code and prefix combinations in the USA, taxes, changes in response rates that alter the Company’s cost of delivering fixed-price Leads and other costs over which GlobalTmail USA, LLC has no control, the Client understands and agrees that the Company has the right to change prices at any time without advance notice to the Client. The Client further agrees that when the Company posts any price change(s) on its official website, such posting constitutes sufficient notice of such price change(s) and that Company has no affirmative obligation to the Client to provide email, phone or other method beyond such website postings. The Client agrees it is the Client’s obligation to monitor the official Company website for price changes on a continual basis. The Client agrees to any and all such price changes and hereby authorizes the Company to bill its account accordingly.

 

Subscriptions. All subscriptions are due at the beginning of the period for which service is ordered. Subscriptions are paid based on a calendar month and are charged to the card or Paypal account as provided by the Client at the time of original subscription(s). All subscription payments are non-refundable pursuant to the company’s Refund Policy. The Company may, in its sole discretion, suspend any service immediately and without notice in the event the Client fails to pay the subscription fee on its due date. The Client hereby certifies that the Client has fully authorized the Company to charge the Client’s credit or debit card, or Paypal account on the same or similar day each month, until the Client submits a Notice of Cancellation to the Company for any Subscriptions ordered from the Company by the Client. The Client hereby agrees that the Company is fully authorized to charge or debit the Client’s payment details (card information or Paypal information) as submitted by the Client at the time of Client’s’ Subscription. The Client may cancel any subscription at any time by delivering a written emailed notice notice to the Company to the Company’s Support address (support@groupcaller.com) no later than 24 hours prior to the due date of the next Subscription payment. Subscriptions may not be cancelled retroactively by the Client after a payment has been submitted by the Client.

 

80/20 Rule Applies To Per-Minute Flat-Rate Pricing. The Client understands and agrees that when using the Company’s flat rate per-minute pricing plans, the Client is bound by the Company’s 80/20 Rule. Under this Rule, the Client agrees that 80% of the calls made shall be to phone numbers priced lower than the Flat Rate to which the Client is authorized by the Client’s GroupCaller License. Prices are determined based on the Company’s Basic or Enhanced Rate Tables (eg Discount or Wholesale). In the event 20% or more of the Client’s calls terminate to numbers that are priced higher than the Client’s Flat Rate for any day or partial day, the Company may, in its sole discretion, change the Client’s rate plan to either the Basic or Enhanced Rate Table, based on the License or Package for which the Client has paid, retroactive to the date on which the 80/20 Rule was broken. The Company agrees to notify the Client via email notification in the event such rate change becomes necessary.

 

Agreement To Changes In TOS. Use of ANY of our services indicates agreement to this Terms of Service (TOS) document plus agreement to our Refund Policy, Client Agreement, Policies as well as the terms and conditions for any service and/or product as explained on the officialCompany website. The Client agrees that the Company may edit and modify the TOS page and/or any page on any of its official websites at any time and that it is the Client’s responsibility to refer back to this page as well as the other agreements and pages from time to time to ensure you understand all TOS. Use of any of our service indicates the Client’s agreement to all TOS as modified from time to time by the Company. The Company has no affirmative duty to notify Clients at the time of such changes and/or modifications, with the exception of posting such changes on the appropriate pages of its website.

 

Funds Earned When Paid Policy. The Client understands and agrees that upon payment for any product or service from the Company, those funds are considered to be fully earned by the Company upon receipt of payment by the Company and are not subject to refund pursuant to the Refund Policy to which the Client must agree before paying the Company for any and all products and services. The Client acknowledges and agrees to the fact that ordering intangible services from the Company such as Leads, lists, script writing services, etc. whether or not those services were ordered individually or were included as a part of a package such as when buying Leads or a Basic, Enhanced or Professional Package, a License Fee or loading minutes into their account, the Company is compelled to make expenditures exclusively on their behalf for which the Client is responsible the moment a portion of the fee(s) paid and which cannot be recouped from other Clients once the Company begins its work on behalf of the Client. The expenses incurred by the Company on behalf of the Client include but are not limited to consultation with salaried company personnel, drafting and/or recording a calling script, drafting and/or recording a Caller ID script, long distance calls to the Client, obtaining a customized dialing list for the Client which cannot be used with other Clients, a minimum of 2 hours of labor by Company tech support personnel to set up the Client’s account in the GroupCaller™ dialer system, the CRM system and the billing system, all of which must be set up and/or created manually with customized settings for the Client, plus additional expenses and services which are done exclusively for and on behalf of the Client. The Client further acknowledges that when the Client orders pre-paid minutes, Leads, or any other calling service, the Company is required to pay the cost of its phone, ISP and Data Center services prior to rendering the Client’s ordered services and that such services are paid by the Company immediately upon receipt of funds by Client. Such expenditures cannot be recouped by the Company after being paid for the purpose of delivering Client’s services. Because of the custom nature of services rendered to the Client by the Company, and because the Company must incur expenses on the Client’s behalf immediately upon receipt of Client’s payment(s) and prior to delivering services to the Client, the Client agrees that no refunds shall be made after payment has been submitted to the Company. In addition to the foregoing, the Client hereby agrees that the cash value of services rendered by the Company to himself/herself/itself, are equal to the following minimum amounts. The Client further acknowledges that the following values are not always itemized and charged individually to the Client, but that such services are always included as a part of the Client’s purchase.

 

The Client acknowledges receipt of those products and/or services listed below which form one or more elements of the service(s) ordered. Services such paying a flat rate for Leads instead of paying a per-minute fee include but are not limited to all of the following individual services listed below. The Client specifically agrees that he/she/it has received all such services upon completion of the work required and/or other acquisition of such products and/or services by the Company on behalf of the Client. The following products and services are considered “received” by the Client for the Client’s services to which they apply:

 

· CRM Access, full and unrestricted for a minimum of 1 from setup: $420.00

 

List and Script Consultation subsequent to Client Registration: $65.00 per hour, minimum $65.00 per consultation

 

· Calling List: $0.005 per name/phone record for each list created

 

· Custom Script Writing Service: $100.00 per script (includes recording if requested by Client)

 

· Caller ID Phone Number: $16.00 per month subscription

 

· New Account Setup (minimum 2 hours of tech support labor required for setup): $130.00

 

· Pre-Paid Minutes: The stated rate for which the Client qualifies in the amount paid by the Client, if applicable

Billed Minutes Cost In Lieu Of Delivered Leads. Although the Client agrees to pay a flat fee per Lead when buying Leads, the Client shall be billed at $0.09 per minute or the then-current Basic or Professional Package flat per-minute rate for Staffed Call Center Services for the calls made on behalf of the Client to find Leads for the Client. The Client agrees that this rate shall represent the actual value of the services purchased at any time prior to delivery of all the Leads purchased by the Client. Subsequent to delivery of all Leads purchased, the Parties agree that the actual value of the Leads is the amount paid by the Client. Because the foregoing services and/or products are completed and thus considered to be “delivered” within hours of receipt of the Client’s payment, the Client hereby acknowledges receipt of such products and/or services at the stated value as a part of the total service(s) purchased by the Client from the Company.

 

Regulatory Changes and Force Majeure. The Client hereby understands and acknowledges there are certain risks inherent with doing business with the Company, such as changes to the law governing telemarketing, voice broadcast, telecommunications and similar activities that regulate our industry. The Client further acknowledges that such changes are common place in the Company’s industry and that such laws and regulations undergo frequent changes. As such, the Client agrees that any change to the law that renders any service delivered by the Company as undeliverable, or makes the service obsolete, or in any other way interrupts and/or prevents the Company from fully delivering the service(s) purchased by the Client are beyond the control of either the Client or the Company. The Client agrees that in the event of such an occurance, the Client hereby accepts this as a risk of doing business with the Company and acknowledges that the Refund Policy is valid and that no refund shall be due in the event that failure to deliver any service(s) purchased by the Client is due to regulatory change or any other event such as natural disaster, war, political unrest, accidental destruction of the facility(ies) controlling the Company’s hardware and software, or any other force majeure beyond the control of the Company.

 

Lead Policies.When purchasing GroupCaller™ Leads, the Company agrees to deliver the number of Leads purchased by the Client. The Company sells two classes of Leads: Exclusive and Shared Leads. The Company further certifies that all Exclusive Leads purchased by the Client are exclusive to the the Client and shall not be sold or otherwise delivered to any other Client of the Company, with the exception that from time to time, the Parties agree that Leads may be contacted by other Clients of the Company when such Leads are contained in that other Client’s calling list and that Lead may freely respond to the other Client’s campaign. When the Client purchases Shared Leads, the Client understands and acknowledges that such Leads are sold to more than one Client up to a maximum number of Clients as cited on the Company’s website. As of the date of the last update of these Terms of Service, the Company may sell one Lead to a maximum of four (4) Clients.

 

Lead Purchase Constitutes Retaining Company’s Staffed Call Center Services To Perform Telemarketing On Behalf Of Client. When buying Leads from the Company the Client agrees and acknowledges they are retaining the services of the Company to perform telemarketing services on their behalf. As such, the Client hereby understands and agrees that the Client is purchasing the Company’s Staffed Call Center services and paying for such services based on a flat rate per lead as published on the Company’s website. Therefore, the product(s) purchased is not one or more Leads. It is the totality of the Staffed Call Center services, which the Parties expect will eventually result in the delivery of one or more Leads. By retaining the Company’s Staffed Call Center for such services, the FTC and FCC define the Client as a “Telemarketer” for enforcement purposes under the Telemarketing Sales Rule, the Do Not Call Registry, the Automated Dialing and Announcing Device rules, and other regulations related to this type of service. Under the same FTC/FCC rules, the Company is referred to as a “Service Provider.” Among other rules, as a Telemarketer that Client is required to register with the FTC and obtain their own SAN (Subscriber Account Number). The purchase of Leads for a flat rate per lead is one method of paying our Staffed Call Center to render such telemarketing services on behalf of the Client. The Client acknowledges it is the Client’s responsibility to know and comply with all rules and regulations promulgated by the FTC and FCC relative to his/her/its telemarketing campaign(s). The Client further acknowledges that he/she/it hereby indemnifies, holds harmless and agrees to defend the Company against any action against it by the FTC, FCC or other government agency pursuant to the Client’s violation of any laws, rules or regulations related to the Client’s campaign(s).

 

Proof Of Delivery. The Client hereby certifies that, for the purpose of satisfying delivery requirements of credit and debit card processors, as well as to satisfy the general requirement of delivery under this Agreement, Company has completed delivery when it completes the following for each type of service purchased by the Client:

 

Leads Purchased: Upon the Company emailing the “New Account Setup and Lead Delivery Notice” and/or the “New Client Account Information” email, or emailing a similar notice containing account access information to the Client, the Client hereby declares that delivery has been completed for purposes of debit and credit card and Paypal transactions. The Client further certifies that the Company is not required to deliver all Leads purchased for this transaction to be considered “completed” for purposes of assuring the Client’s or the Company’s debit/credit card processor (and Paypal) that the Company has satisfactorily delivered the services purchased by the Client. The Client understands and agrees that the Company has satisfied its requirement for delivery of each Lead Purchase by the Client at the time the Company can demonstrate it has completed the setup of the Client’s account. The Client agrees that the Company has earned its fees pursuant to the “Funds Earned When Paid” policy above, whether or not Leads have actually been delivered, as long as the Client has access to the CRM and other areas as granted by the Client’s purchase and as long as neither the Company nor the Client has terminated this Agreement and the Client’s campaign remains open and active for servicing by the Company’s Staff.

 

· Pre-Paid Minutes: Upon receipt of funds by the Client and placing those funds into the Clients account where the Client can see the account balance, the Client hereby certifies that the Company has delivered the Client’s purchase.

 

· Hosted Basic, Enhanced or Professional Package or License: Upon sending a notification email confirming receipt of the Client’s purchase, the Client hereby declares that the Client has received delivery of such package and/or license.

 

· Hosted Basic, Enhanced or Professional Package or License: Upon sending a notification email confirming receipt of the Client’s purchase, the Client hereby declares that the Client has received delivery of such package and/or license. •List and Campaign Management Services: Upon receipt by the Company of the Clients payment for hourly or other fees for these management services, the Parties agree the fees have fully earned by the Company and have been delivered to the Client.

 

Caller ID Phone Number: Upon the Company sending an emailed notification that includes the Caller ID phone number, the Client hereby certifies that he/she/it has received delivery of this purchase

 

Value Added Reseller License: Upon the Company sending an email notification confirming receipt of payment for the Client’s Vallue Added Reseller License, the Client hereby declares that such License has been delivered by the Company.

 

Enhanced Value Added Reseller License: Upon the Company sending an email notification confirming receipt of payment for the Client’s Enhanced Value Added Reseller License, the Client hereby declares that such License has been delivered by the Company.

 

Authorized Reseller: Upon the Company sending an email notification confirming receipt of payment for any purchase made by the Client under the Client’s Authorized Reseller License, the Client hereby declares that such purchase hasbeen delivered by the Company.

 

Port Referral Group Membership: Upon notification that the Company has received payment for the Client’s Port Referral Group (PRG) Membership and/or subscription payment, the Client hereby declares that the Client has received the PRG Membership.

Delivery Methods. All Leads purchased by the Client are delivered using one or more of 3 different methods:

 

1.Live Call Transfer

2.Entry into the Client’s CRM

3.Email notification that a Lead has been delivered

 

In the event the Client is not available to receive a call at the time it is transferred, the Client agrees that the Company has fulfilled its duty to deliver Leads at the time the Company attempted such call transfer. Upon entry into the CRM, the Client agrees that the Company has fulfilled its obligation to deliver the Lead regardless of whether or not the Client was available to receive a live-transfer of that Lead at the time the Lead indicated interest. The Client agrees that it is the Client’s sole responsibility to be available at times when the Client’s campaign is being conducted if the Client wishes to accept transferred calls. The Client futher agrees to check the CRM for Leads and follow up on such Leads via phone call, email, text message, personal meetings or any other method as determined in the sole judgment of the Client. Both Client and Company agree that Lead delivery has been completed upon entry of the Lead into the Client’s GroupCaller™ CRM account and/or with delivery of the Email Notification to the Client by the Company.

 

Delivery Time Frame To Deliver Purchased Leads. Leads purchased from the Insurance Leads For Sale page are available for delivery upon purchase. Such Leads will be delivered no later than 24 hours from the time of purchase; most Leads are delivered within 4 hours when purchased during business hours of 9 am to 5 pm weekdays; Leads purchased on weekends or holidays will be delivered the following business day; many of these leads can be delivered within an hour of purchase. When pre-paying for Leads, the Client acknowledges, understands and agrees that there is no time limit imposed on the Company for delivery of Leads after purchase.

The Client specifically agrees to the following terms and conditions relative to the length of time required for the Company to deliver Leads purcahsed by Client:

 

  1. There is no time limit imposed upon the Company for the delivery of Leads.

 

2.The Client understands and agrees that many factors outside the control of Company will affect the timing of when Leads are located for the Client. Such factors include but are not limited to

 

a. whether or not a need exists for the Client’s product and/or services among the indivituals in the list used by the Company,

 

b. the number and percent of human-answered calls after the Company begins calling on the campaign(s),

 

c.news and/or weather events that adversely impact the response rate

 

d. changing laws or regulations which may impact the operation of the campaign and the accuracy of data in the calling list. All calling lists used by the Company contain varying degrees of inaccurate information and disconnected phone numbers. The Company makes no representation regarding the accuracy of any list used for any of the Client’s campaigns.

 

  1. Pursuant to the foregoing conditions, the Parties mutually understand and agree that the Company cannot guarantee to deliver Leads purchased by the Client within any specific time frame and accordingly makes no representation to that effect. The Company does commit to continue marketing efforts on behalf of the Client until such time as all pre-paid Leads have been delivered regardless of the length of time required for such delivery.

 

Valid Lead Policy. All Leads delivered to the Client as described above shall meet the following standards. The Client and the Company agree that when a delivered Lead meets the following standards, each such Lead shall be considered by both parties as a “Valid Lead” and the Lead has been delivered with no further obligation by the Company to the Client for that Lead exists. The Client and the Company agree that upon delivery of each such Valid Lead, the Company has filled its obligation for delivery of Leads purchased by the Client, and/or Leads generated from the Client’s Pre-Paid Minutes to retain the services of the Staffed Call Center. Valid Leads are those Leads that meet the following standards:

 

Listened to the Client’s script as delivered by the Company’s agent, in compliance with the Script Policy noted in this TOS document, and

Verbally agreed to get additional information from the Client, or

Verbally agreed to a call transfer to speak to the Client, or • Verbally agreed to be contacted at a later time by the Client.

Confirmation of the verbal agreements shall be either by recording of the conversation or by written certification from the Phone Agent.

Lead Return & Replacement Policy and Limited Warranty. This Return and Replacement Policy serves as a limited warranty applied to some Leads purchased from the Company. Leads may be returned and will be replaced free of charge with a new lead under the following conditions:

 

  1. This Return & Replacement Policy applies to all fixed price leads. Leads generated with Staffed Call Center with pre-paid minute plans are replaced up to the maximum cost for a comparable fixed price lead at the lowest rate ($19.00 per lead at the time of publication of this policy, or the then-current price at the time of a free replacement claim.

 

  1. To qualify for free replacement, a Lead must have been purchased at the price stated on the Company’s website with no additional discount or special offer applied.

 

  1. After replacement under this policy, the Lead may not be re-contacted by the Client.

 

  1. In the event the Client re-contacts after the Lead was returned and replaced, the Client hereby agrees to pay the full price of the Lead to the Company and further authorizes the Company to charge the full price of the Lead at the then-current price and draft the payment for that Lead to the Client’s credit or debit card or other payment method on file with the Company.

 

  1. There is a limit of one (1) free replacement for any Lead purchased. This policy does not apply to Leads received as a free replacement.

 

  1. Leads may be returned and replaced if the following conditions apply:

 

a. The recording of the Lead’s initial conversation with the Company’s phone agent does not contain verbal acknowledgment by the Lead to get an insurance quote,or

b. The phone number provided for the Lead has been disconnected, or

c. In the event the Client is unable to talk directly to the Lead after placing 10 calls to the Lead as verified by the Client’s phone records.

To qualify for a free replacement lead, the Client must submit their detailed phone record showing date, time and length of the call to the Lead’s phone number as registered in the CRM by the Company. Further, the Client may not make more than two calls in a single day to the Lead and must show they have attempted at least 10 calls to the Lead’s phone number before giving up. In the event any call(s) was/were answered, that call cannot exceed 1 minute in length or it will be assumed to have been human answered and not a voicemail, answering machine or message being left for the Lead to call back. If the Lead contradicts their agreement with the Company’s phone agent as verified in their recorded message and refuses to get an insurance quote, the follow additional free replacement conditions are required:

 

· Written certification from the Client stating the exact contradiction of the Lead must be emailed to the Company.

 

· To receive a free replacement Lead, the Client must purchase an additional Lead at the regular price for each Lead replaced, upon which the Company shall furnish an additional Lead free of charge.

 

· The Client is limited to replacing no more than 50% of all Leads purchased under this 2-for-1 replacement policy. •There is no time limit or time requirement stating any particular time frame under which Leads must be replaced when returned by the Client. If the Lead is a Shared Lead and has purchased insurance from another one of the Company’s Clients who purchased the same Lead. It is the Client’s responsibility to provide the name of the insurance agent from whom the Lead purchased insurance and provide that name to the Company for verification that the insurance agent selling to the Lead is one of the Company’s Clients and also has purchased the same Lead. This Lead Replacement Policy applies only if the Company is currently conducting one or more Lead campaign(s) within the Client’s marketing area.

 

VOICE BROADCAST SERVICES

 

Voice broadcast is a specialty service of GlobalTmail™. We can deliver pre-recorded messages to telephones in the following two categories:

· Specialty groups who subscribe and request messages from you, or

 

· FTC-compliant lists from FTC-compliant Clients

Laws have been enacted to which we and all our Clients must comply. For more information, please study the official FTC website and the official FCC website.

You may also wish to consult a local attorney and/or study your state’s laws and regulations pertaining to your intended use of our services, to ensure your compliance. Voice broadcast to your own lists who have subscribed and given you specific written permission to deliver pre-recorded phone messages are exempt from all state and federal regulations because the called party has provided specific written authorization for you to send such messages. Registered charitable organizations are also exempt from the prohibitions against sending voice broadcast messages as are political messages from recognized politicians or political organizations. So if you are sending political messages, your message is generally exempt from the prohibitive regulations against delivery of pre-recorded messages. Voice Broadcast calls to business phone numbers are also generally exempt from the regulations prohibiting such calls. Virtually all other pre-recorded messages of a commercial nature are prohibited from being broadcast via telephone by FTC & FCC regulations, plus state and federal law. You should consult with an attorney for clarification. GlobalTmail™ USA, LLC and GlobalTmail USA, Inc. are not responsible for the Client’s misuse of our system. Any use of our system which is contrary to federal or state laws or regulations may result in the immediate termination of services. The Client agrees that any termination due to violation of such laws shall result in forfeiture of any and all funds paid to the Company. The Company will assist state and/or local authorities in prosecution of those who violate the law through the use of our system.

 

FTC-COMPLIANT CALLING LISTS & CALLS On September 1, 2009, the FTC amended the regulations pertaining to the delivery of pre-recorded messages to the telephones of consumers. In general, this acted as a ban on the delivery of pre-recorded voice messages of a commercial nature. Messages from approved charitable organizations and political parties are exempt from this rule and may deliver messages to all phone numbers. However, the charitable organizations and political messages delivered must comply with certain provisions of the regulation as well, including the requirement to provide an automated opt-out option that places the called party’s phone number on that organization’s internal Do Not Call list, and the requirement to provide a toll-free number with an automated opt-out mechanism whenever a recorded message is left on an answering device or voicemail of the called party. We provide business to business (B2B) lists for our Clients without charge. Calls to business phone numbers are largely exempt from the FTC rules but not in all states or jurisdictions. It is the Client’s responsibility to know and comply with their state’s regulations pursuant to calls made on their behalf through our system. We also provide opt-in consumer lists under which the person providing the phone number has entered into a written agreement to accept pre-recorded messages in compliance with the FTC rules. These lists may be purchased from the company. Calls made for non-commercial purposes such as announcements, emergency notices, appointment reminders, collection calls, airline schedules, surveys and calls of a non-commercial nature may be made.

 

GENERAL CLIENT POLICIES DNC (Do Not Call) COMPLIANCE You must register with the FTC and obtain your own SAN (Subscriber Account Number) to order voice broadcast services, Hosted Call Center Services, Staffed Call Center services or to buy Leads calls. We can provide the registration service for your SAN at no cost other than the required governmental fees to subscribe to the FTC account for the area codes you wish to call. We will advise you of these fees and you must pay them by adding funds to your account or paying the invoice we deliver to you. Many states have their own regulations with regard to DNC lists that are specific to their state. It is your responsibility to check with your own state government and ensure your compliance with those regulations. We will scrub all voice broadcast lists to remove any numbers on the DNC list prior to starting any dialing campaign at no additional charge.

 

LIST PURCHASE: B2B lists are provided without additional charge for Basic, Enhanced and/or Professional package customers unless we select specific SIC codes or make other demographic selections such as number of employees, annual volume and specific geographical selections in addition to state selections. Pricing of lists and number of free lists to which the Client is entitled is governed by the terms of the Package and/or License which is purchased.

 

VOICE BROADCAST RULES AND REGULATIONS: GlobalTmail™ may set numerical limits to the amount of transactions a Client may send through our services. The Client agrees to abide by all applicable local, state, federal, national and international laws and regulations and is solely responsible for all acts or omissions that occur under the Client’s account, including the content of the Client’s transmissions. By way of example, and not as a limitation, the Client agrees not to:

 

· Use GroupCaller™ in connection with the delivery or transmission of unsolicited messages that would violate FTC rules or State regulations.

 

· Create a false identity, caller id, or forged email address, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message.

 

· Impersonate any other person or entity or misrepresent your affiliation with any other person or entity

 

· Use GlobalTmail™ to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent or libelous, nor use GroupCaller™ for any activity that may be considered or are unethical, immoral, orillegal.

 

· Transmit through GroupCaller™ unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

 

· Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity.

 

· Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.

 

· Violate any U.S. law regarding the transmission of technical data or software exported from the United States through GroupCaller or other GlobalTmail™ services.

 

· Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.

 

· Attempt to gain unauthorized access to GroupCaller™ or GlobalTmail™, other accounts, computer systems or networks connected to GroupCaller™ or GlobalTmail™, through password mining or any other means.

 

· Interfere with another Client’s use and enjoyment of our services or another entity’s use and enjoyment of similar services.

 

 

UNLIMITED USE DOES NOT MEAN UNREASONABLE USE. Subscriber may not use GroupCaller™ or Voifone™ services in a manner that may interfere with other Client’s use of our services or disproportionately impact our resources. If we determine, at our sole discretion, that the Client’s use of GroupCaller™ services is in violation of the Voice Broadcast Terms of Service, or in any other manner that we deem to be unreasonable or excessive, then we may interrupt or terminate the Client’s service, decline to renew the Client’s service, or offer the user a different service plan. Notwithstanding the foregoing, GlobalTmail™ reserves the right to deny service or cancel existing service to anyone for any reason at any time, at GlobalTmail’s sole and absolute discretion.

 

COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS

 

The Client shall be fully and solely liable for any prerecorded audio and voice transmissions sent through the GroupCaller™ and fully responsible for compliance with applicable law. The is fully and solely responsible to be aware of, understand, and comply with all of the rules and regulations applicable to the Client’s use of GroupCaller™ including but not limited to Federal Trade Commission rules and regulations, Federal Communication Commission rules and regulations, National Do Not Call Registry rules and regulations and individual state Do Not Call rules and any applicable individual state or local regulations, Controlling the Assault of Non-Solicited Pornography and Marketing Act, along with any other federal, state, or local laws that may be applicable to users of GlobalTmail services.

 

The User agrees not to violate these, or any other federal, state, or local law and represents and warrants that the User will not cause GlobalTmail™ to violate these or other similar laws.

 

The User understands that the Federal Trade Commission Telemarketing Sales Rule prohibits the transmission of pre-recorded phone calls that are part of a plan, program or campaign which is conducted to induce the purchase of goods or services or charitable contributions. The Federal Trade Commission Telemarketing Sales Rule provides that calls may be permissible provided calls are placed only to consumers who have provided their prior expressed signed written consent directly to the Client to receive such calls.

 

Use of GroupCaller™ for the delivery or transmission of pre-recorded phone calls that are part of a plan, program or campaign which is conducted to induce the purchase of goods or services or charitable contributions not in compliance with applicable law is strictly prohibited. Notwithstanding the language contained in this paragraph calls initiated and placed by the Client specifically to consumers who have provided the Client with their prior expressed signed written consent to receive such calls as provided by the Federal Trade Commission Telemarketing Sales Rule at 16 CFR Part 310 and any amendments thereof shall not be deemed prohibited.

 

The User understands that compliance with federal, state and local law is solely the responsibility of the Client. The Client understands and agrees that if the Client’s use of any GlobalTmail™ services includes initiating or receiving telephone calls to or from customers or donors then the Client shall comply with all applicable federal, state and local laws including but not limited to laws pertaining to telemarketing. The Client is fully and solely responsible to be aware of, understand, and comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. §227, the Federal Communications Commission implementing regulations, at 47 CFR § 64.1200 et seq., the Federal Trade Commission’s Telemarketing Sales Rule at 16 CFR Part 310 and any amendments and any similar laws, the Controlling the Assault of Non-Solicited Pornography and Marketing Act and any other similar laws.

 

Subscriber agrees not to violate these, or any other applicable federal, state, or local anti-solicitation laws, and represents and warrants that its use of GroupCaller will not cause GlobalTmail to violate these or other similar laws. The Client agrees that it is the sole responsibility of the Client to abide by any laws defined by the State or Federal Government in which Services will be applicable. The Client understands and agrees that GlobalTmail™ will not be held responsible for damages to the Client or any third party incurred due to the Client’s failure to abide by state and/or federal laws and will seek indemnification from Client for damages it sustains from the Client’s breach of this provision.

 

Please refer to the Telephone Consumer Protection Act of 1991, the Telemarketing Sales Rule, the Controlling the Assault of Non-Solicited Pornography and Marketing Act. You may visit the Federal Communications Commission website at http://www.fcc.gov and the Federal Trade Commission website at http://www.ftc.gov  and or refer to the appropriate State Attorney General’s office or other applicable offices for rules and or regulations pertaining to your intended application and use of GroupCaller™.

 

Effect of Partial Invalidity. The invalidity of any portion of this Agreement shall not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall remain in full force and effect.

 

Termination. This Terms of Service Agreement shall be perpetual until terminated under the provisions of this section. The Company may, in its sole and absolute discretion, terminate this agreement with or without notice to the Client in the event of one or more of the following actions by the Client:

 

· Material breach of any of these Terms of Service by the Client.

 

· Insolvency or declaration of bankruptcy by the Client

 

· Failure by the Client to pay funds due for services purchased by the Client

 

· Filing a claim or dispute with his/her/its debit or credit card issuer or Paypal requesting a refund, which is considered by the Parties a material breach of the Company’s Refund Policy In the event of termination due to any of the foregoing causes, the Company may retain any unused funds paid to it by the Client as liquidated damages. The Company may additionally pursue any other remedies at law against the Client it deems necessary in the event of Client’s breach of this Terms of Service Agreement. In the event of termination of the Client’s account, the Company shall restrict Client from access to any of its password protected areas of its website(s) and is not required to provide any unused services or undelivered Leads. This Agreement may also be terminated at any time by executing a mutual separate written agreement between the Parties. The Client may terminate his/her/its Terms of Service agreement with the Company at any time by delivering written notice emailed to the Company and paying a Termination Fee equal to a forfeiture of any and all unused funds for Leads and/or other services paid by the Client. The Client may not terminate this Agreement if he/she/it owes any funds to the Company. Any unpaid amounts due to the Company by the Client shall survive termination until paid in full. Any unpaid balance due to the Company by the Client shall accrue Interest at the rate of 1.5% monthly on the unpaid balance until paid in full.

 

Governing Law and Attorney’s Fees.This Agreement, and all transactions contemplated by this Agreement, shall be governed by, construed, and enforced in accordance with the laws of the State of Utah. The Courts of Tooele County shall be the proper venue for filing action pursuant to this and other Agreements between the Parties. Upon the entering of judgment of one party against the other, the prevailing party shall be entitled to recover all court costs, attorneys’ fees and other expenses of litigation.

 

Entire Agreement. These Terms of Service, together with the written Policies, Refund Policy, Client Agreement and other written agreements between the Parties contain the complete agreement between the parties and shall supersede all prior agreements concerning the subject matter of this Agreement. The Client hereby certifies that no oral agreement between the parties is recognized as valid or enforceable. Any modifications to these Terms of Service and/or other agreements between the Parties must be executed in writing between the Parties to be considered valid and enforceable. The Client hereby agrees to any modifications posted on the Company’s website as valid and sufficient notice of a change to this Agreement. The parties represent and stipulate that neither of them has made any representations except as are specifically set forth in this Agreement and each of the parties acknowledges that they have relied upon their own judgment and independent investigation in entering into this Agreement.