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Our Terms can and do change without
notice. It is your responsibility to return to this page and
understand the Terms under which we offer our services. If
you do not agree to our Terms and Limitations of Liability,
or any changes thereto, you must immediately cancel your subscription(s).
Total Front Office, Inc.
(We, Our, Us or TOTAL FRONT OFFICE) offers to provide its
services to its Subscribers (You, Your) subject to these Terms
of Sale:
1. We agree to provide
and you agree to accept the services as ordered.
2. After one (1) month,
We will continue to provide services on a calendar month-to-month
basis, or any longer period for which you have subscribed,
until terminated by Us or by You, with one (one) calendar
month's written notice, except We may terminate any or all
services, without notice, if Your bill is not paid in full
by its due date, or pursuant to paragraphs 10 and 12 below.
3. Accounts not paid in
full by the DUE DATE are subject to a late payment charge
of $5.00, unless we have entered into a written agreement
that states otherwise. In addition, all or any part of the
services that We provide may be interrupted or disconnected
without notice, and any remaining messages may be discarded.
The Service Interruption charge is $5.00 per interrupted item.
The Service Reconnection charge is $5.00 per reconnected item.
All rates are subject to change without notice.
4. We make and provide
no warranty, express or implied, with respect to the services
offered hereunder, and disclaim any express or implied warranty
of merchantability or fitness or a particular purpose or use
with respect to such services.
5. We will use our best
efforts to maintain uninterrupted service. We are not responsible
for uncompleted or un-retrievable messages, faxes or beeps
as a result of power and/or equipment failure.
6. In addition, because
damages cannot be calculated in advance, You agree that Our
maximum liability for actual proven damages for any cause
whatsoever, including but not limited to, any failure or disruption
of service provided hereunder, regardless of the form of action,
whether in contract or tort or otherwise, including negligence,
shall be limited to an amount equivalent to the charges payable
by You under this contract for the services during the period
such damages occur, even if TOTAL FRONT OFFICE is expressly
advised about the possibility of such damages.
7. In no event, regardless
as to the cause of action, venue or court, shall We be liable
in excess of one (1) month's basic service charges, and in
no event, regardless as to the cause of action, venue or court,
shall We be liable for any special or consequential damages
or sanctions, even if TOTAL FRONT OFFICE is expressly advised
about the possibility of such damages.
8. Your subscription is
your Agreement that these liquidated damages are reasonable
under the circumstances existing as of the time of your subscription.
Subscription to the TOTAL FRONT OFFICE services shall mean
that you will be billed monthly on a continual, recurring
basis (see “Subscription Monthly” in the Shopping
Cart). If receipt of any such monthly billing is inadvertently
omitted, you have the right to request a receipt(s) from TOTAL
FRONT OFFICE without additional recourse.
9. Ownership of Number:
You understand and agree that you are not the owner of any
telephone number assigned to you by TOTAL FRONT OFFICE. Ownership
of any such phone number is vested solely in TOTAL FRONT OFFICE
and its affiliates, who will assign or re-assign such numbers
to You for Your use during the term of this Agreement. TOTAL
FRONT OFFICE is an enhanced service provider, not a telephone
company. If you don't want to use your own phone number, we
may provide a phone number solely for the purpose of enabling
the service or services that you have ordered. Our telephone
numbers are not subject to portability. You may never take
our local phone numbers with you. You agree to pay the sum
of $1, 500.00 per local telephone number that you attempt
to port away from us, regardless as to the outcome of your
attempt.
You understand and agree
that (a) TOTAL FRONT OFFICE may, from time to time, change
the number assigned to you; and (b) following the termination
of your TOTAL FRONT OFFICE account, for any reason, you will
no longer have access to such number. In either case, such
phone number may be re-assigned immediately to another customer
and You agree that TOTAL FRONT OFFICE will not be liable for
damages (including consequential or special damages) arising
out of any such re-assignment and You hereby waive any claims
with respect to any such re-assignment, whether based on contract,
tort or other grounds, even if We have expressly been advised
of the possibility of damages. In the event that the Number
assigned to you by TOTAL FRONT OFFICE is a Toll-Free number,
and the service associated with that number is terminated,
then TOTAL FRONT OFFICE will, upon your written request, allow
you to move that Toll-Free number from TOTAL FRONT OFFICE
to an alternate Toll-Free carrier, provided that (a) the termination
of Service is not due to a default by You, (b) all fees and
charges for the Services, whether or not then due, have been
paid in full, and (c) upon receipt of payment of $100.00 for
each “800” number that you move away, and/or $50.00
for each other toll free number that does not begin with “800”
that you move away. In the event that you have moved a Number
from a previous service provider or carrier to TOTAL FRONT
OFFICE, then you will retain ownership of that Number. In
the event the service associated with that number is terminated,
TOTAL FRONT OFFICE will, upon your written request, allow
You to move that local or Toll-Free number from TOTAL FRONT
OFFICE to an alternate carrier, only if (a) the termination
of the Service is not due to a default by You, and (b) all
fees and charges for the Services, whether or not then due,
have been paid in full.
10. We have the right to
refuse service to any who uses the services provided hereunder
for obscenities, illegal activities, harassment or who interferes
with or harasses us or other customers.
11. While it is our desire
to maintain advertised message storage capacities and time
values at all times, they may be changed without notice whenever
necessary to maintain the overall integrity of the computer
systems and un-interruption of services.
12. We offer our services
for “normal and customary” business and personal
use. We do not offer our services for all types of uses. We
do not accept customers who receive large call volume, especially
in a short time frame. Examples are direct response radio
and television. In the event your line receives large call
volume, we may, at any time, with or without notice to you,
and at our sole discretion, take any and all measures we consider
appropriate to maintain the integrity of our systems and the
services it provides to our other customers. Such measures
may include, but may not be limited to: limiting the number
of calls your line may receive at any one time, changing your
greetings and/or disconnecting your service. “Large
call volume” will be solely determined by us.
12a. Fair Use Policy: You
will be in violation of this Policy if, at any time, your
usage exceeds more than three (3) time the average level of
voice, fax and/or call transfer separate or combined, the
average level of usage of our other customers. At our sole
discretion, we may offer to continue your service, with a
change in monthly rate, usage rates or both, or we may decide
to terminate your service pursuant to paragraph 12 above.,/p.
13. All disputes, except
claims by us for any unpaid amounts You owe to Us, will be
settled first by Mediation and, if unsuccessful, then by binding
Arbitration. This Agreement will be governed by the laws of
the State of Georgia. The only correct venue is agreed to
be Atlanta, Fulton County.
14. Taxes include one or
more of the following: Federal, State, Local Sales Taxes,
Telecommunication, Business, P.U.C., Franchise and any new
one as they come along.
15. We may change our Terms,
rates and Limitations of Liability at any time and without
notice. It is your responsibility to check here for changes.
Your continued use will indicate your acceptance of the new
terms, whether or not you have actual knowledge of the change.
16. Our Service Guarantee
applies only to services interruptions caused by our equipment.
We are unable to extend our Guarantee to outages caused by
events over which we have no control, examples of which are
weather, power interruptions, circuit outages or overloads,
strikes, Acts of Nature, and outages or interruptions being
suffered by telephone companies or other vendors who provide
services to us. Naturally, a “day” is 24 consecutive
hours.
17. Total Front Office
is the registered Service Mark of Total Front Office, Inc.
All rights pertaining to IPs belonging to TOTAL FRONT OFFICE
are fully reserved and TOTAL FRONT OFFICE makes to claim of
right, ownership or any warranties whatsoever in connection
with IPs that may appear on this site but which are the sole
property of their respective owners. All rights reserved.
18. All services may not
be available in all areas.
19. We may list and publicize
your company, on this website, as a subscriber of our services,
without your consent. If you object to being listed, upon
written notice, we will remove your company name from our
listings.
20. Acceptance of Terms
and Conditions:
This Web-site is owned
and provided by TOTAL FRONT OFFICE. Viewers are hereby authorized
to view, copy and print the materials appearing on this Web-site,
subject to the following:
a. The materials may be
used for internal informational and non-commercial purposes
only.
b. Any copy of these materials
or any portion thereof must include the above copyright notice.
c. You may not copy, distribute,
modify, transmit, reuse repost or otherwise display the Web-site
content for public or commercial purposes, without the express
written consent of the TOTAL FRONT OFFICE Legal Department
authorizing use for such purpose(s).
d. Total Front Office,
Inc. may revoke or modify any of the foregoing rights at any
time, with or without cause. Your use of this Web-site constitutes
your acceptance of all terms and conditions stated in this
Legal Statement and information page, and Your agreement to
be bound by them. Please review this information often, as
it may change at any time without notice.
21. The information
contained in this Web-site may contain errors or inaccuracies,
and is provided to you “as is”, for your informational
purposes only, without warranty of any kind, including any
implied warranty of merchantability, fitness for a particular
purpose, or non-infringement. In no event will Total Front
Office, Inc. be liable to any party for any direct, indirect,
special or other consequential damages, relating to or arising
out of the use of this Web-site, including specifically any
lost profits, business interruption or loss of data, even
if Total Front Office, Inc. is expressly advised about he
possibility of such damages. Total Front Office, Inc. may
make changes or improvements to the information displayed
on this Web-site or to the terms, products or services described
herein, at any time and without notice. |
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