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Terms
and Conditions of Service
Please read the terms and conditions carefully before clicking the
"I agree" button and the "Submit" button. By
indicating that you accept the terms and conditions contained herein, you
(the subscriber) acknowledge and agree to be bound by the provisions of
this agreement for the use of any products or services
provided by Message Bureau Inc.
If you are not willing to be bound by the terms and conditions listed
below, or are not of age (18 years) or are otherwise unable by law
to be a party to this agreement, please leave this page now.
Thank you.
Message Bureau Inc. reserves the right to cancel or otherwise
discontinue service in the event the subscriber does not fully comply
with all the terms and conditions of this agreement.
Service
Availability
You must be at least 18 years old to subscribe to any Message Bureau
Service. Use of your service acknowledges your acceptance of the terms
and conditions described here. Your assigned toll free or local access
number is available to you and your callers from anywhere in the
continental United States,.
Terms
and Rates
Service availability under
Message Bureau's terms and conditions starts on the date of activation.
You may change your configuration at any time by contacting our Customer
Service department. There is no charge for changing configurations other
than charges for any new features added.
You are solely
responsible for all recurring service fees and usage charges including
but not limited to wrong numbers, unauthorized access, and calls to
pay-per-call programs or international destinations.
No
Long Term Contracts
You may cancel service at any
time by contacting us at 1-800-844-0832, by mail via our current billing
address or by email at sales@messagebureau.com
After satisfying any outstanding balance due we will promptly refund any
remaining available balance on file.
Billing
You will receive a statement via
email once every three months itemizing charges. Payment of any
outstanding balance must be received by the date indicated. Prepay
customers need not make a payment unless your account has fallen into a
negative balance at which time it must be satisfied immediately
irrespective of the billing due date. Local line charges and any long
distance calls not made through your Message Bureau Service will be
billed by your local and long distance service providers.
Late
Fees and Collections
Payments not received by the due
date may be charged a late fee of $10.00 per month. If your check for
payment is returned for insufficient funds, a check return fee of $20
will be applied to your account. If your payment has not been received
within 10 days of the due date, your account will be canceled and
subject to a reactivation fee. You agree to pay all collections fees
including reasonable attorney fees should your account go unpaid.
Credit
Verification
You authorize Message Bureau Inc.
to obtain information about your credit history as part of Message
Bureau's activation process. Message Bureau Inc. reserves the right to
request information for approval purposes and to refuse service to any
applicant for any reason.
Assigned
Phone Number
Message Bureau Service
number(s) issued to you are the property of Message Bureau Inc. and
cannot be transferred to any party. Message Bureau Inc. retains the right to change your assigned phone
number(s) if necessary. You will be notified in advance of any change.
Any toll free number that was in your possession and ported over to
Message Bureau for use with the service must become the property of
Message Bureau Inc. during your length of Service. However, we will
gladly release the number back to you upon service cancellation and
satisfaction of any outstanding account balance.
Changes
in Service
Message Bureau Inc. reserves the
right to change the availability of or make modifications, deletions, or
additions to it’s service offerings at any time without prior notice.
Service
Interruption/Termination
In the event that you are unable to
pay your bill or your payment is not received by the due date and/or you
exceed your authorized pre-set credit limit, Message Bureau Inc. may
regretfully suspend your phone service without notice until you have
made your account current. If nonpayment is the reason for suspension, a
$15 reconnection fee may be charged to your account when payment is made
and your service is reactivated. If your account is not brought current
within thirty (30) days after the date payment was due or usage levels
were exceeded, Message Bureau Inc. may terminate your service without
further notice, and pursue any other remedy at law or in equity.
Message Bureau
Inc. may immediately terminate your phone service without notice if your
usage is in any way interfering with the operation of Message Bureau's
network or if Message Bureau Inc. suspects that the use of your phone or
the service is fraudulent. Message Bureau Inc. may terminate your
service without cause by notifying you in writing or via email at least
thirty (30) days prior to termination.
Limitation
of Liability
Message Bureau Inc. will strive to
provide continuous service with a goal of no blocked calls to you.
However, Message Bureau Inc. cannot be held liable for service
interruptions, including dropped calls, due to equipment failure,
equipment or facilities shortages that create transmission limitations,
system capacity limitations, strikes, acts of God or other causes beyond
our reasonable control. Message Bureau's liability, if any, in the
operation of service or equipment shall not exceed the amount of our
pro-rated monthly charge for the service access during the period
affected. You assume all risks associated with the use of the service
including any liability arising out of the fraudulent use of Message
Bureau's service. Message Bureau Inc. will not be liable for and you
agree to hold Message Bureau Inc. harmless from any costs, delays,
special, incidental or consequential damages, physical harm or any other
damage that may be alleged from the use of the service. You specifically
agree that Message Bureau Inc. will not be liable for any damages
resulting from or in connection with the use of any Message Bureau Inc.
service for life-threatening or emergency situations.
Miscellaneous
If legal action is initiated by
either party concerning this Agreement, the prevailing party shall be
entitled to recover all costs and reasonable attorney’s fees,
including costs and fees on appeal. Message Bureau Inc. may assign all
or part of this Agreement by giving you written notice, and you agree to
make all subsequent payments as instructed in such notice. You may not
assign your rights or obligations under this Agreement without prior
written approval from Message Bureau Inc. If any terms stated herein are
invalid or unenforceable, then the remaining terms shall remain in
effect.
This agreement
shall be construed in accordance with and governed by the laws of the
State of New York. In addition, the court and authorities of the State
of New York shall have jurisdiction over all controversies that may
arise with respect to this Agreement.
Notices
Service of all notices under this
Agreement shall be sufficient if given personally, via email or mailed
to the receiving party involved at its respective address or any other
address as either party may provide in writing.
Subscribers
use of Service:
Upon acceptance of this agreement, Message Bureau Inc. hereby grants to
the subscriber a nonexclusive, non transferable license to access
and utilize the services applied and paid for.
Subscriber has no right to sell the use of the service nor make any
claim that it does have such right without express written
agreement with Message Bureau Inc.
Subscriber is solely responsible for obtaining all equipment and
approvals necessary for connecting to the Internet and all charges
associated with such connections including but not limited to
obtaining a computer and modem or any other device used to access the
Internet.
Message Bureau Inc. retains all right, title, and interest to the
services offered including all copyrights, trademarks and all other
intellectual property rights.
Subscriber may not, nor allow any third party to copy, distribute, sell
disclose, lend, transfer, convey, modify, disassemble, or reverse
engineer the services for any purpose whatsoever.
The copyright notices and other proprietary legends shall not be removed
from the services and no use of trademarks is granted under this
agreement.
Subscriber
registration:
Subscriber will provide all relevant data to the service provider upon
signing up for use of the services and at subsequent times as
requested by Message Bureau inc. Subscriber hereby authorizes
Message Bureau Inc. to bill the subscriber's credit card account every
three months automatically.
Subscriber shall update the registration data as needed via e-mail to
the service provider.
Upon completion of the registration process and acceptance of this
agreement subscriber will receive via e-mail al relevant data
concerning start up of his/her service including the service telephone
number and other information as will be needed for the particular
services ordered.
Subscriber is solely responsible for maintaining the confidentiality of
subscriber's pass code.
Subscriber shall not give any account information to third parties and
shall at all times be responsible and liable for any transactions
that occur on the subscriber's account including but not limited to
any third party, operator assisted, and/or collect calls billed to
the subscriber's account telephone
number.
It shall be the subscriber's sole responsibility to notify the provider
of any unauthorized use of the subscriber's account and the
subscriber shall be held liable for all activity up to the time of notification
of the breach of security to the provider
Termination
or Cancellation:
Either party can terminate or cancel this agreement upon any upcoming
renewal date.
Upon termination or cancellation, subscriber shall immediately cease to
use the services as of the next renewal date and the provider shall
have no other obligations to the subscriber. Provider shall not be
liable to the subscriber or any other third party for any reason due to
the providers termination of the service.
Warranty
and Disclaimer.
The services offered by the Provider are offered "as is" and
"as available" and Provider makes no warranties expressed
or implied, including but not limited to any implied warranties of
merchantability and/or fitness for any particular purpose. Nor will
the provider be responsible under any other said warranty that may
arise under provisions of law of the United States or any State thereof.
I agree to these terms. Take me to the order form.
National Headquaters
545 Eighth Avenue, Suite 401
New York, New York 10018
Email: rob@weanswer.com
Phone:
212-868-1154
Fax: 212-714-1453
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