LEGAL TERMS OF USE

ATTENTION: PLEASE READ THESE LEGAL TERMS CAREFULLY BEFORE USING THIS OR ANY OF THE INTERNET SITES OWNED OR ASSOCIATED WITH ASSURECALL. USING THIS INTERNET SITE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS INTERNET SITE OR ASSOCIATED WITH ASSURECALL.

Specific USE of website

Unless otherwise expressly permitted by AssureCall, AssureCall authorizes you to view and download the materials on this site only for your personal, non-commercial use, if you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. Without expressly permitted by AssureCall you may not modify the materials on this site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other Internet site or networked computer environment for any purpose is prohibited. The materials on this site are copyrighted and any unauthorized use of these materials may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify AssureCall against any loss, liability, damage or expense of whatever nature which AssureCall or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

DISCLAIMER’S

UNLESS OTHERWISE EXPRESSLY SPECIFIED ON THIS SITE WITH REFERENCE TO A SPECIFIC ASSURECALL MATERIAL, PRODUCT (FOR PURPOSES OF THESE TERMS OF USE INCLUDES ALL SOFTWARE) OR SERVICE, THE MATERIALS, PRODUCTS AND SERVICES ON THIS SITE ARE OFFERED AND PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Notwithstanding the foregoing, AssureCall’s obligations with respect to its products and services are governed by the agreements under which they are provided and nothing on this site should be construed to alter such agreements. AssureCall makes no warranty, guarantee or representation as to the accuracy or sufficiency of the information posted on the website and AssureCall assumes no responsibility or liability regarding the use or misuse of such information. AssureCall makes no representations about the suitability of this information and these services for any purpose. Unless specifically stated otherwise, AssureCall does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned on AssureCall’s website, and information from the website should not be referenced in any way to imply such approval or endorsement. AssureCall may make changes to the materials, products, and services at this site, or to the products and prices described in them, at any time without notice. The materials and services at this site may be out of date, and AssureCall makes no commitment to update the materials and services at this site. Information published at this site may refer to materials, products, services, or other offers that are not available in your state in the US or Country. Consult your AssureCall Account Specialists for information regarding the materials, products, services, and other offers that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may or may not apply to you.

LIMITATION OF LIABILITY

In no event will AssureCall or any of its affiliates or the officers, directors, employees, members, agents, its brands, partners, subsidiaries or other third parties mentioned on this site or any marketing material, be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or businesses interruption) arising out of the use, inability to use or the result of use of this site, any internet sites linked to this site, Materials, Information or Services Provided by AssureCall contained at any or on all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not AssureCall has been advised of the possibility of such damages.

AssureCall or any of its affiliates or the officers, directors, employees, members or agents shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither AssureCall nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

CANCELATION & CREDIT POLICY

Campaigns can only be canceled by sending an email to the Account Management Department at campaigns@storm911.com and the cancellation will take forty-eight (48) hours to be finalized and leads to no longer being delivered. Any changes in a campaign will take forty-eight (48) hours to take effect.

Only the Round Robin Pay as you go Campaigns can only be cancelled by sending an email to the Account Management Department at campaigns@storm911.com and the cancellation will take forty-eight (48) hours to be finalized and leads to no longer be delivered. Any changes in a campaign will take forty-eight (48) hours to take effect. All and pay as you go and pre-paid campaigns are considered all sales final upon purchased and not available for cancelation or refund.

Company may occasionally provide Client with invalid information, including an incorrect or disconnected telephone number, incorrect address, or appointment information given to a non-property owner, including a renter or adult child. Client may dispute leads within forty-eight (48) hours of the initial appointment run date, as scheduled by the Company.

CREDIT REQUESTS:

  • If, after receiving timely notification from Client, and the disputed lead is verified as being invalid, the Company will, at its sole discretion, provide Client with either corrected information or will credit the lead after verification of data being incorrect.
  • Though great effort is made to ensure Client receives high quality appointments; however, it is expected that through no fault of the Company or Client, some property owners may cancel, reschedule, or miss an appointment. Client is solely responsible for rescheduling canceled and missed appointments within the forty-eight (48) hour period from the date for which the appointment was set.
  • Requests for appointment credits MUST be made by email to credits@storm911.com and include a detailed reason for the request Direct your request to Account Management Department.
  • Should an agreement for credit be reached, Company will credit the appointment for the campaign for the same calling area that was used for original creation of the appointment only.
  • All credit requests that are denied due to confirmation call with property owner related to the appointment qualification will be charged a $25.00 processing fee to cover costs associated to a wrongful credit request submitted by the client.

BILLING, PAYMENTS AND LATE PAYMENT POLICY

Billing, Payments, and Late Payment Policy. Client agrees to provide a valid credit card debit card or pay in advance. For Residential Pre-buy Appointment Purchases, Client’s invoice for purchased appointments will be processed before a campaign begins.

Pay As You Go Accounts: Payment is due daily upon receipt of appointments. Each week Company will provide Client (via electronic mail sent to the e-mail address specified above) a weekly statement detailing the number of exclusive appointments generated on Client’s behalf. Client authorizes Company to automatically bill Client’s credit card, debit card, or advanced retainer account upon delivery. Client agrees that if Company attempts to bill Client credit card and it is declined, Client will pay a $50 late fee, or 5% of the invoice amount, whichever is greater. If Client’s card is declined, Company will also suspend Client’s account until Client provide Company with a valid credit card.

Pre-Paid and Hourly Campaigns: Billing, Deposits and Payments. Client agrees to provide a valid credit card or debit card for billing of services. All agent hours, phone records or upgrade options will be invoiced and billed on the Friday before the week that services take place. All weekly agent hours, upgrades or record lists get paid in advance for the upcoming week. All deposits are required before the campaign begins and are due at the time of Agreement signing.

Non-Renewal Policy for Pre-Paid Accounts:

  • Either party must provide the other party with written notice within 24 hours of receiving the invoice for the next purchase of 25, 50 or 100 appointments
    • The invoice for the refilling of the campaign will be sent to the Client when the available appointment count reaches 13 for the 25 appointments purchase, 25 for the 50-appointment purchase and 25 of the 100-appointment purchase of available appointments and will be due with 48 Hours of receiving the invoice.
    • Notify either party with in the 48-hour time period of receipt of the invoice of the action to pause or end the current campaign
    • If notice by either party is not received by the other party with in the 48-hour period of receipt of the campaign, then it is agreed that another additional 25, 50 and 100 pre buy per original order and fulfillment of appointment is required under contract.

Late Payments; Penalty. In case of a credit card, debit card, or bank decline, Company will discontinue all services and Client invoice shall be subject to a late fee of $50 or five (5) percent of the total invoice amount, whichever is greater. Client agrees to pay an additional late charge of $25 or one point five (1.5) percent of the outstanding past due amount, or the maximum amount allowable by law, whichever is greater, for each additional day Client is late with payment. If Client fails to make any payment for services or fails to perform in any manner with regard to this agreement, the Guarantors do hereby promise to make all payments to Company in the same manner as if they were the parties to this Agreement.

Delinquent Accounts, Overturned Credit Card Disputed, Collection. In the event Client is delinquent in paying an invoice for any reason, Client filled a dispute with their credit Card company that AssureCall had to overturn and have the dispute denied by the Clients credit card company will be billed at $ 250.00 per hour for time AssureCall staff spent on filling the response, Client agrees and understands the Company will forward the matter to a third-party collections agency to recover funds owed to Company. Client agrees to pay all of Company’s costs incurred to collect unpaid invoices, including attorney fees, regardless of whether litigation, mediation or arbitration have taken place.

  • Company will immediately suspend service on all delinquent accounts until such time as the account balance is paid in full, including late fees.
  • Company may update or amend its billing and late payment policy at any time. If Company revises its billing and late payment policy, it shall provide Client with at least fifteen (15) days of advance notice.

EXTERNIAL LINK’S

Links on this site to third-party Internet sites are provided solely as a convenience to you but they are beyond the control of AssureCall. If you use these links, you will leave this site. AssureCall has not reviewed all these third-party sites and does not control and is not responsible for any of these sites or their content. When visiting external links, you must refer to that external website’s terms and conditions of use. AssureCall does not endorse or make any representation about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. Use or reliance on any external links and the content thereon provided is at your own risk.

No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of AssureCall. Please contact us at info@assurecall.com if you would like to link to this website or would like to request a link to your website.

TRADEMARKS

The trademarks, names, logos, and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of AssureCall. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of AssureCall.

COPYRIGHT

All materials and information posted on AssureCall’s website are the property of AssureCall, regardless of whether a copyright notice appears on the screen displaying the information. Users of AssureCall’s website may save and use information contained therein only for personal use. No other use, including reproduction, retransmission or editing of the information and materials posted on AssureCall’s website may be made without the prior written permission of AssureCall. Permission may be requested by contacting AssureCall by email to info@assurecall.com

Governing Law; Disputes; Venue; Attorney Fees

This Agreement shall be construed and enforced according to the laws of the State of Florida. The state and federal courts located in Florida shall have jurisdiction over the Parties and shall be the sole and exclusive venue for any litigation. Florida law shall govern this Agreement and any disputes. The prevailing party in any litigation shall be entitled to its reasonable attorneys’ fees, litigation costs, and expert fees at the discretion of the Court.

Severability; Counterparts; Originals.

If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be impaired. The invalidity of any provision of this Agreement or any covenant herein shall not affect the validity of any other provision or covenant hereof, all of which shall remain in full force and effect. Any provision deemed unenforceable may be modified by the court to effectuate the Parties’ intent. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Electronic, actual, and facsimile signatures shall be deemed originals for purposes of this Agreement.

Entire Understanding

Any and all prior understandings or agreements between the Parties with respect to the subject matter of this Agreement are superseded by this Agreement, which fully and completely expresses the entire agreement and understanding of the Parties with respect to the subject matter hereof, unless otherwise specified herein.

Waiver; Change; Interpretation; Amendment

No waiver of any provisions of this Agreement shall be valid unless in writing and signed by the Party against whom it is sought to be enforced. Since this Agreement has been mutually drafted by the Parties, any ambiguity shall not be construed in favor of nor against the other Party.
Further, the provisions, conditions, terms, and covenants therein contained shall bind and the benefits and advantages shall inure to the respective successors, assigns, trustees, receivers, and personal representatives of the Parties. No failure of either party to exercise any power or right given hereunder or to insist upon strict compliance by the other Party with any of its obligations hereunder, and no custom or practice of the Parties at variance with the terms of this Agreement, shall constitute a waiver or variation of the Parties’ rights to demand exact compliance with the terms hereof. This Agreement may not be amended or modified without an express written consent signed by the Parties.

Conflict

Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.