Effective Date: March 29, 2021
Please read on to learn the rules that govern your use of our websites, applications, and network, which include our server software, web-based, desktop and mobile applications, and our telephony/communication servers (the “Services”). If you order services using a document provided by one of our agents (a “Service Agreement”), and not using a registration form in any of our applications or our website, you will also be governed by the terms in that agreement. If there is a conflict between any of the parts of the separate Service Agreement and the parts of this Agreement, the conflicting parts of the this Agreement will have priority over the the conflicting parts in the separate Service Agreement. However, all remaining non-conflicting parts of each agreement will continue separately.
Registration Requirements #
Upon signing up for the Services and at subsequent times as requested by TeleTracker, you agree to provide TeleTracker with your true, accurate, current, and complete personal name and/or business name, administrator name, billing address, shipping address, email address, contact phone number, credit card or bank information, and other data which may be necessary to administer your TeleTracker account (“Account”) (collectively, “Billing Information”). You represent and warrant that the information you provide is accurate, current, and complete, and agree to promptly update any of the information if it changes. If you provide Billing Information that is, or that TeleTracker suspects to be, false, inaccurate, not current, incomplete, fraudulent, or otherwise unlawful, TeleTracker has the right, in its sole discretion, to suspend or terminate the Services and refuse any and all current or future use of all Services by you, your business(es), affiliates and all users of your Account. At all times, you shall maintain and promptly update Billing Information. Upon completion of all Billing Information and acceptance of this Agreement, TeleTracker will provide you with, as applicable, a password(s), user ID(s), telephone number(s), and other account information. You are solely liable for any transactions or activities by you or anyone else that occur on Your Account. You shall immediately notify TeleTracker of any unauthorized use of your Account or if any other breach of security has occurred. In no event shall TeleTracker be liable for any unauthorized use of your Account.
You represent and warrant that you possess the legal right, capacity, and ability to enter into this Agreement. You represent and warrant that you have made and will maintain at all times wireless or traditional wireline telephone service that will enable you to call 911 and any other applicable emergency service number. You represent and warrant that you will not use the Services in environments requiring fail-safe performance or in which the failure of the Services could lead directly to death, personal injury, or severe physical or environmental damage. You represent and warrant that the Billing Information, user name, contact information, and all other information provided in connection with your Account are true and correct at all times. You represent and warrant that you will not use the Services in violation of these terms or any terms incorporated herein. You agree to be financially responsible for your use of the Services, including the authorized or unauthorized use of your Account. In order to use the Services, you must have properly configured and working Internet service and/or Public Switched Telephone Network (“PSTN”) service (i.e., mobile and/or landline phone service) and hereby agree, at your sole expense: to (1) obtain access to your own Internet and/or PSTN service with a third party provider other than TeleTracker; (2) be responsible for payment of Internet and/or PSTN connection or service fees and all equipment necessary to establish a connection to such Internet and/or PSTN service, as may be required to use the Services; (3) supply and pay third-party providers for all additional phone service and features required for your use of the Services; and (4) pay TeleTracker for the Services.
Changes to this Agreement #
TeleTracker may, from time to time, add, remove or modify parts of this Agreement at its sole discretion. We will attempt to notify you when we make changes to this Agreement, but we are not required to do so. Please make sure to periodically review this Agreement and other policies. If you do not agree with any of the new Terms in the Agreement, or reject any of the new Terms, you will not be permitted to use the Services. Your use of the Services in any way after a change to the Terms is effective and serves as your acceptance of any such changes.
Billing and Payments #
“Pre-Paid Services” are Services where advance payment is required by you in exchange for their use for a fixed amount of time. This fixed amount of time has a start date and an end date, and constitutes a “Billing Period”. Unless otherwise noted, Services by default are considered Pre-Paid Services. Other Services must be calculated after the end of a Billing Period and will appear on your next invoice (“Post-Paid Services”). Post Paid Services represent billing items that have already occurred, such as extra minutes used, overage charges, etc. within a previous Billing Period. “One Off Services” are intangible (not equipment), single billable items that may appear on an invoice, but do not have any associated Billing Period. One Off Services examples are, but not limited to, custom voice recordings, vanity phone numbers purchases, consulting, and custom programming. TeleTracker may also sell various equipment to you, upon your request, and invoice you for these items.
TeleTracker will send invoices to you for all Services via electronic mail/email. You are required to keep an up-to-date email address on file with us so that we may continually invoice you for our Services. We will invoice you for Pre-Paid Services on the start date of your Billing Period. We will continue to invoice you on the subsequent start date of the next Billing Period in perpetuity, until you terminate your Services with us, or if have a specific agreement with a term limit. The invoice will contain the required payment terms. You will pay all fees, including any applicable taxes if required, associated with the Services and with any terms on the invoice.
You must provide us with a valid payment method, such as a valid credit card and associated name and address details, so that we can collect payments from you. When paying for Services by a credit card, we will charge your card for Pre-Paid services on the start day of each Billing Period. In addition, We will also charge your credit card for any Post-Paid Services from previous Billing Periods on this same start day. If paying by check, bank transfer, or some other method other than a credit card, you must remit payment promptly according to the terms on the invoice.
Generally, the start date of a Billing Period will be equal to the day of the month that you signed up for your Account. Some exceptions are required, such as days of the month after the 28th day, for example. We may move your anniversary date back to the 28th at our discretion. Also, we may provide a trial period where we move your Billing Period start date into the future for some amount of time. During this trial period, you will be allowed to use some or all of our Services without payment.
Adding and Removing Services #
Your Account has only one Billing Period. You may have one or more Pre-Paid Services associated with this Billing Period. If you add a Service, we will either pro-rate the service cost for the remainder of the current Billing Period, or give you the service for free for the remainder of the current Billing Period. If you remove a Pre-Paid Service, you will be able to use that Service until the end of your current Billing Period, whereby the Service will be discontinued. You will no longer be able to use the Pre-Paid Service, and you will no longer be billed for the Pre-Paid Service.
You cannot remove Post-Paid Services. You also cannot remove One-Off Services, or purchases of equipment. However, if you think a Post-Paid, One-Off, or equipment billing charge is incorrect, please contact us.
Termination of your Account #
If you decide to stop using the Services, you may contact us at email@example.com. You must initiate a communication at least three (3) business days before the end of your current Billing Period in order to allow our billing team enough time to cancel your service and not continue to invoice you. Our billing team will respond with a confirmation of your cancellation. You will not be charged for any additional Pre-Paid Services, but you must pay all remaining balances of Post-Paid Services or any equipment or physical goods sold to you that have a remaining balance. Failure to do so may result in collection efforts or possible legal action against you.
Voice Recording Service #
The TeleTracker voice recording service (“VRS”) is provided to allow customers to record voice calls. By using VRS, you represent that: (1) you have reviewed the legality of recording, monitoring, logging, storing and divulging of voice calls; (2) You are permitted to engage in these activities; (3) You have reviewed the proposed usage of VRS with you legal counsel, and you have established proper procedures to comply with all applicable laws. You will not use the VRS to intimidate, harass, or otherwise violate the privacy or other rights of any person. You, not TeleTracker, will be responsible for compliance with all laws relating to recording, monitoring, logging, storing, or divulging calls.
You will (a) provide all required appropriate warnings, restrictions, limitations, rules, information and disclosure, (b) comply with all applicable laws, and (c) take all other required and appropriate actions in connection with the recording, monitoring, logging, storing, or divulging telephone calls and other use of VRS. Specifically, you are responsible for properly notifying and securing all required consent from all callers (“Callers”) and all individuals that answer the calls on your behalf (“Call Receivers”).
To the fullest extent allowed by applicable law, You agree to indemnify and hold TeleTracker, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms (including any terms or policies incorporated by reference herein). In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Relationship of the Parties. TeleTracker and you are independent contractors. This Agreement does not create a joint venture, partnership, employee, agency, franchise, or representative relationship between or among you and TeleTracker.
Survival. Provisions that, by their nature, should survive termination of these Terms shall survive termination or expiration of this Agreement for the maximum term allowable by law.
Force Majeure. TeleTracker shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements, or other events that are beyond TeleTracker’s reasonable control.