WebPresentNow.com

Terms and Conditions of Use

Before continuing with your order for Web Present Now communications services (Service(s)) and products (Product(s)), you (Customer) must read and agree to the following Terms and Conditions of using the Services. When you click on the 'I Accept' or similar button, you agree to purchase the products and services indicated, in accordance with Web Present Now's Services Agreement and these Terms and Conditions of Use. By using the Product or Service, Customer applies and subscribes for Services provided by Web Present Now (the Company) and confirms that Customer has read, understands, agrees to and accepts these Terms and Conditions of Use (the Agreement).

TERM for standard rate plan - Company or Customer may terminate the Agreement at any time. To be effective, notice of termination by Customer shall be made only in writing to Company at the address shown on Customer's bill. If Services are terminated before the end of the current billing cycle, (i) no credit or refund will be provided for unused Service; and (ii) any monthly recurring charge will not be prorated to the date of termination.

1. USE OF SERVICE. By executing this Agreement, Customer acknowledges that it complies with all FCC rules and regulations. Customer will not use the Service for any unlawful purpose. Customer will not use the Service where prohibited by law, ordinance or regulation, as applicable. Customer agrees to indemnify, defend, and hold Company harmless from any Customer violations of FCC rules and regulations or Customer violation of any statutes, ordinances or laws of any local, state, or federal public authority. Company may change this Agreement at any time. Any changes are effective when Company provides Customer with written notice stating the effective date of the change(s). If Customer elects to use the Services or make any payment to Company on or after the effective date of the changes, Customer is deemed to have accepted the change(s). If Customer does not accept the changes, Customer may terminate Services as of the effective date at the address shown on Customer's bill. If Services are terminated before the end of the current billing cycle, (i) no credit or refund will be provided for unused Service; and (ii) any monthly recurring charge will not be prorated to the date of termination.

2. CREDIT APPLICATION. This Agreement shall be contingent upon Company's approval of Customer's credit information. Company may require Customer to update its credit information from time to time. Customer warrants and represents that all information furnished on the credit application is current, complete, accurate, and true. If Company subsequently determines that any statements made on the credit application are false, incomplete or inaccurate, Company may declare Customer to be in default under this Agreement and may exercise any remedies it has under this Agreement at law or in equity. Customer understands that Company will rely upon the credit information provided by Customer, including but not limited to Customer's tax identification number, and other confidential and personal financial and credit information requested by Company and supplied by Customer, in making a decision to provide Services. Customer understands that Company may request and verify Customer's bank references and perform a credit history check utilizing standard commercial credit reference services in connection with Company's review of the Customer's credit worthiness. Customer acknowledges that Company may provide payment history and other billing/charge information to a credit reporting agency for inclusion in Customer's records maintained by such credit reporting agency. Customer understands that a security deposit or Service usage limit may be required.

3. PRODUCTS AND SERVICES. Company is not responsible for the installation, operation or quality of transmission of the Products and Services. Any change in Products or Services may require additional updates of desktop computer applications, or changes to assigned access numbers and codes. Customer does not have any proprietary interest in such codes or numbers.

4. RECORDING AND MONITORING. Although Federal and state laws may make it illegal for third parties to listen in on service, complete privacy cannot be guaranteed. Company shall not be liable to Customer or to any third party for any eavesdropping on or interception of communications from Company's System. Certain Company products allow the Customer to digitally record select calling sessions for subsequent playback. In ALL such cases, it is the Customer's responsibility to notify all parties present as to the use and enablement of the recording option.

5. DEPOSITS. Company has the right, exercisable in its sole discretion at any time or from time to time, to require Customer to make a deposit to guarantee payment of sums due hereunder, including Service charges. Customer hereby grants Company, as applicable, a security interest in such deposits, to secure the payment of all sums due hereunder as well as the performance of all other payment obligations Customer may have to Company whether now existing or hereafter rising. Upon termination of Service, Company may apply the deposit against any outstanding Service charges of Customer or any other amount owed to Company. Company reserves the right to interrupt Services if Service appears to have excessive charges, payments are delinquent, any unusual calling patterns are observed on Customer's account, or during public safety emergencies. Such interruption may be done to protect Customer or Company as Company determines in its sole discretion, but in no event shall Company be liable to the Customer or to any third party by reason of interrupting or failing to cause an interruption of Service.

6. RATES, CHARGES, AND PAYMENT. The price established for Service is set forth in the current Company rate plan(s) selected by Customer. Company shall issue invoices for Service monthly. Access charges shall be invoiced in advance. Billable time shall be invoiced in arrears. Billable time is rounded up to the nearest minute. Customer is responsible to pay Company, on a timely basis, for charges by Company for Service. If Customer elects to pay using a Company-approved credit card, Customer hereby authorizes Company to charge the credit cards specified by Customer from time to time on a recurring basis for all charges incurred on the Company Account Numbers set forth on Customer's invoice. Customer (i) expressly authorizes Company to charge Customer's designated credit card account number(s) for all fees and charges incurred; and (ii) reauthorizes Company to charge such account number each time services are used. Customer shall promptly notify Company of any changes to the credit card or bank account used for payment. Enrollment is for the duration of this Agreement unless canceled earlier by either party with thirty (30) days advance written notice to the other party. If Customer disputes any Service charges, Customer must pay the entire amount set forth in the invoice by the due date and submit a written explanation within forty-five(45) days from the date on the invoice. If Company determines that an error was made on Customer's invoice, Company shall credit Customer's account in the amount of the error. If Customer does not pay the amount in dispute, Company may exercise any remedies it may have under this Agreement for non-payment of Service charges. Company reserves the right to modify any and all elements of the Service charges at any time and each such modification shall be effective immediately upon Company's communication thereof to Customer, unless Company's communication indicates a later effective date with respect to such modification. Payments which are not received within thirty (30) days from the date of the invoice shall be subject to late payment charges as set forth in this Agreement. If the parties have agreed that payments are to be made in installments, or on credit, Customer shall be responsible for paying amounts due as agreed. If Customer does not make all payments when they are due, such failure shall be a default under this Agreement and Company shall be entitled to exercise any remedies it may have under this Agreement or at law or in equity.

Sign up. Free Minutes. Billing. Cancellation. Customer receives free minutes to use within the first 30 days. Customer must go over the free minutes to be billed. Charges begin for the month when the free minutes are exceeded or 30 days from the start date. The sign- up month is a proportion of the plan fee and plan minutes, if the free minutes are used up. Charges include prorations from previous "plan fee" month (if any) + prorated usage + prepay for the monthly billing period. The statement period is the first through the last day of the month. Cancellations begin in the following month.

Web Present Now Reservationless Conferencing. Customer acknowledges that chargeable time for conference calls begin when at least two parties are connected to the conference system. If the security option which allows conference calls to begin without the moderator present is NOT active, Customer accepts responsibility for chargeable time when a connection is established without the moderator connected to the conference call. Customer acknowledges that all rates are per minute/per leg (for instance 10 parties all connected for 10 minutes at .20 per minute/leg equals 100 billable minutes for 20 dollars).

7. NONPAYMENT/BREACH. A late payment charge of 1.5% (or the maximum rate permitted by law) per month may be applied to Customer's account if monthly invoices are not paid by the due date. The late payment charge is applied to the total unpaid balance due and outstanding. The late payment charge is for costs related to the non-timely payment and shall not be deemed an interest payment. A charge of $40.00 will be made by Company for any check or negotiable instrument tendered by Customer and returned unpaid by a financial institution for any reason. Company may demand payment by money order, cashier's check, or similarly secure form of payment, at Company's discretion at any time or from time to time. If Company obtains the services of a collection or repossession agency or an attorney to assist Company in remedying Customer's breach of this Agreement, including but not limited to the nonpayment for charges hereunder, Customer shall be liable for this expense. Customer understands that in the event of nonpayment of charges or any other breach of the terms and conditions of this Agreement, in addition to any other remedies Company may have, Company may temporarily or permanently terminate Service to Customer. If Service is terminated and not reconnected within thirty (30) days, all outstanding payments to be made in installments are accelerated and immediately due in full. If Company disconnects the Service, Customer shall be liable to satisfy and discharge all outstanding amounts due and pay a reconnect charge of $25.00 per unit, in addition to any advance payment of Service charges that may be requested by Company at its discretion, before Company will reactivate Service. Company reserves the right to modify the terms of Service as a precondition to reactivating Service.

8. Web Present Now SERVICES. Web Present Now Services. (Services), consisting of certain applications (Applications) are part of the Services that can be obtained through Company. Certain Applications offered by Company may NOT be compatible with the all computing environments. Customer acknowledges and agrees that there is no guarantee or assurance that the Applications are compatible, or will continue to be compatible, with Customers computing environment... Company reserves the right, in its sole discretion, to disable or discontinue any Application for any reason. Web Present Now Services may not be available in all areas.

9. APPLICATION CUSTOMER CARE AND SUPPORT. Customer acknowledges and agrees that in most cases, the developer of an Application is responsible for providing customer care and Application support to all Customers using the Application. In the event Customer contacts Company's customer care with a problem concerning the use of an Application, Customer may be referred to the Application developer's customer care, and Company shall have no obligation to support such Application.

10. CONTENT; INTELLECTUAL PROPERTY RIGHTS. Company is not a publisher of third party content that Customer may from time to time access through Web Present Now Services; therefore Company is not responsible for the content provided by such third parties, including but not limited to statements, opinions, graphics, photos, music, services and other information ( Content ), and accessed by Customer through Web Present Now Services. Company gives no guarantee or assurance as to the currency, accuracy, completeness or utility of Content obtained through Web Present Now Services. Company, Content providers and others have proprietary interests in certain Content. Customer shall not, nor permit others, to reproduce, broadcast, distribute, sell, publish, commercially exploit or otherwise disseminate such Content in any manner without the prior written consent of Company, Content providers, or others with proprietary interests in such Content, as applicable.

11. RISK OF LOSS. Upon Customer's acceptance of delivery of the Products and Services, no loss, damage, theft, or destruction of the Products, in whole or part, shall impair the obligations of Customer hereunder, including, without limitation, responsibility for the payment of Service Charges due hereunder.

12. TAXES, FEES, SURCHARGES & ASSESSMENTS. Customer is responsible for all federal, state, and local taxes, fees, surcharges, and other assessments (collectively, "Charges") that are imposed on telecommunications services, other services, and products or that are measured by gross receipts from the sale of telecommunication services and/or products. Such Charges shall include, but are not limited to: excise taxes; sales and transaction taxes; utility taxes; regulatory fees and assessments; universal service assessments, telephone relay service (TRS) assessments, interconnection fees and recoveries. Customer shall be responsible for such Charges regardless of whether the Charge is imposed upon the sale of equipment or services, upon Customer, or upon Company. If any such Charge is determined to be applicable and has not been paid by Customer before Customer accepts delivery of products, Customer shall pay Company the full amount of any such Charge no later than ten (10) days after receipt of the invoice therefore.

13. SERVICES; COVERAGE AREAS. Coverage areas for these Services are subject to change at any time at the sole discretion of Company.

14. LIMITATION AND CONDITION OF LIABILITY; INDEMNITY. Company does not assume and shall have no liability under the Agreement for (i) failure to deliver the Products and Services within a specified time period; (ii) unavailability or delays in delivery of the Products and Services; (iii) damage caused to the Products and Services due directly or indirectly to causes beyond the control of Company, including, but not limited to acts of God, acts of the public enemy, acts of the government, acts or failure to act of the Customer, its agents, employees or subcontractors, fires, floods, epidemics, quarantine restrictions, corrosive substances in the air or other hazardous environmental conditions, strikes, freight embargoes, inability to obtain materials or services, commotion, war, unusually severe weather conditions or default of Company's subcontractors whether or not due to any such causes; or Services, Content or Applications whether or not supported by Company. Without limiting the foregoing, Company's sole liability for Service disruption, whether caused by the negligence of Company or otherwise, is limited to a credit allowance not exceeding an amount equal to the proportionate charge to the Customer for the period of Service disruption. EXCEPT AS OTHERWISE SET FORTH IN THE PRECEDING SENTENCE, IN NO EVENT IS COMPANY LIABLE FOR ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES CAUSED BY ITS NEGLIGENCE OR OTHERWISE, NOR FOR ECONOMIC LOSS, PERSONAL INJURIES OR PROPERTY DAMAGES SUSTAINED BY THE CUSTOMER OR ANY THIRD PARTIES.

15. COMPLETE AGREEMENT/SEVERABILITY/WAIVER. This Agreement sets forth all of the agreements between the parties concerning the Service and purchase of the Products and Services, and there are no oral or written agreements between them. Except for changes made by Company in accordance with Section 1 above, no amendment or addition to this Agreement shall be binding upon Company unless it is in writing and signed by both parties (and, in the case of Company, by an officer of Company). Company shall not be bound by the terms and conditions in a Customer's purchase order or elsewhere, unless expressly agreed to in writing by an officer of Company. This Agreement becomes effective when accepted by Company. Should any provision of this Agreement be illegal or in contravention of the law, such provision shall be considered null and void but the remainder of this Agreement shall not be affected thereby. The failure of Company, at any time to require the performance by Customer of the provisions of this Agreement shall not affect in any way the right to require such performances at any later time nor shall the waiver by Company of a breach of any provision hereof be taken or held to be a waiver of compliance with or breach of any other provision or a continuing waiver of such provision.

16. ASSIGNMENT/RESALE/GOVERNING LAW. This Agreement may be freely assigned by Company to any successor of it or any other firm or entity capable of performing its obligations hereunder, and upon any such assignment, Company shall be released from all obligations to Customer. Customer may not assign this Agreement, or resell the services which are subject to this Agreement without prior written consent of Company. Subject to the restrictions contained herein, this Agreement shall bind and inure to the benefit of the successors and permitted assigns of the parties hereto. This Agreement shall be governed by the laws of the State of California.

17. NOTICE REGARDING USE OF SERVICE FOR 911 OR OTHER EMERGENCY CALLS. The Service provided hereunder is NOT required and does NOT interact with 911 and other emergency services. CUSTOMER AGREES TO HOLD COMPANY HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION (INCLUDING ALL ACTIONS BY THIRD PARTIES) ARISING OUT OF THE ATTEMPTED USE OF COMPANY'S SERVICE TO ACCESS 911 OR OTHER EMERGENCY SERVICES.

18. NO WARRANTY (SERVICE). COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO CUSTOMER IN CONNECTION WITH ITS USE OF THE SERVICE. IN NO EVENT SHALL COMPANY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES TO THE FULL EXTENT THE SAME MAY BE DISCLAIMED BY LAW. CUSTOMER ACKNOWLEDGES THAT SERVICE INTERRUPTIONS WILL OCCUR FROM TIME TO TIME, AND AGREES TO HOLD COMPANY HARMLESS FOR ALL SUCH INTERRUPTIONS.

19. NO WARRANTY (EQUIPMENT). COMPANY IS NOT THE MANUFACTURER OF ANY EQUIPMENT. STATEMENTS REGARDING ANY EQUIPMENT SHOULD NOT BE INTERPRETED AS A WARRANTY BY COMPANY. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, TO CUSTOMER OR TO ANY OTHER PURCHASER OF EQUIPMENT. WITHOUT LIMITING THE FOREGOING, COMPANY SPECIFICALLY MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER HEREBY WAIVES, AS AGAINST COMPANY, ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS, OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE. IN NO EVENT SHALL COMPANY BE LIABLE FOR CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER OR NOT OCCASIONED BY COMPANY NEGLIGENCE AND INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY LOSS OR DAMAGE RESULTING FROM THE INTERRUPTION OR FAILURE IN THE OPERATION OF ANY EQUIPMENT SOLD OR OTHERWISE PROVIDED HEREUNDER. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED HEREIN. CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE EQUIPMENT. UNLESS OTHERWISE AGREED BY COMPANY, IF EQUIPMENT PROVES DEFECTIVE, THE COSTS OF ALL NECESSARY SERVICING AND REPAIR WILL BE BORNE BY CUSTOMER.

I have read and agree to the above Terms and Conditions and am ready to purchase.

-End