Last Revised: August 14, 2017
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES
This Webbusiness.com SmartLine Agreement (this “Agreement”) is entered into by and between Webbusiness.com (a Webbusiness.com Party, and together with its Affiliates, (together “Webbusiness.com Parties” or "Webbusiness.com"), and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Webbusiness.com SmartLine and all optional features and related services (the “Services”), and represents the entire agreement between you and Webbusiness.com concerning the subject matter hereof. Call Catchers d/b/a FreedomVoice (another “Webbusiness.com Party”) will provide the Services under this Agreement, and reserves the right to change the Webbusiness.com Party providing Services hereunder in its sole discretion. For the purposes of this Agreement “Affiliate” means with respect to a party, any entity that directly or indirectly controls, is controlled by or is under common control with that party.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Universal Terms of Service Agreement, which is incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein. In addition, you acknowledge that certain Services may be governed by tariff or price schedule filed with state public utilities commissions, which are incorporated into this Agreement by reference. If there is a conflict between this Agreement, the Universal Terms of Service Agreement, or price schedule, then the provisions in the tariff or price schedule will govern with regard to the subject matter contained therein, followed by this Agreement, and then the Universal Terms of Service Agreement.
The terms “we”, “us” or “our” shall refer to Webbusiness.com and the Webbusiness.com Parties providing Services under this Agreement. The terms “you”, “your”, “User” or “Customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
2. DESCRIPTION OF SERVICES
Webbusiness.com SmartLine is a virtual phone service, which allows you to separate your business and personal lines on the same device. This service allows you to choose a new phone number, optionally customize a greeting to answer the calls and route all your business calls and send and receive text messages to your current device. The service also includes call forwarding, ability to dial out of the mobile app using device’s native dialer, send and receive text messages, voicemail and voicemail transcription services.
3. FEES & PAYMENTS
a. Free Trial Period
When you sign up for a free trial offer, you must provide a valid credit card on file. If you have elected to activate the Service as part of a free trial offer, any charges for the Service’s monthly fee, any selected options, any usage in excess of the included minutes of your calling plan, and any usage in excess of the included text messages will not be billed until after the expiration of the free trial period. This free trial period begins the day the Service is activated and is subject to the duration offered. On the day following the expiration of the free trial period, you will be billed with the credit card on file for term of the Service, any optional features selected, sent text charges in excess of included texts, and minute charges for calls during your free trial in excess of included plan minutes or originating-from / forwarded-to locations outside of the Service’s domestic calling area.
b. Ongoing Payments
You will be charged periodically for the Service (either monthly or annually depending on the plan you pick), any optional features chosen that have recurring fees, sent text charges in excess of included texts, and for minute usage (billed in 6-second increments and inclusive of calls made through the Webbusiness.com SmartLine mobile application) of the Service that either:
Exceeds the number of monthly minutes included with the Service, at a rate determined by the calling plan associated with the Service; or
Is not included in the domestic calling area covered by the Service, at an international per-minute rate determined by Webbusiness.com. The domestic calling area for all Webbusiness.com SmartLine calling plans is the Continental U.S., AK, HI, Canada and Puerto Rico, with the exception that calls originating from or forwarded to Canada each carry a one-minute minimum billing.
c. Additional Charges; Price Changes
Calls from payphones are blocked by default from connecting to any toll free numbers provided by Webbusiness.com SmartLine as these calls carry a 54¢ per-call surcharge as mandated by the FCC. If enabled, these surcharges are passed on to you at cost.
The quoted rates do not includes taxes. We will assess a separate charge on your bill for taxes including state, local and federal taxes. Monthly invoices are sent to you via email and can be accessed by you through the “my account” portal (“MYA”). Any price changes will be posted on web portal for using the Service, and your continued use of the Service following notice of the price changes will constitute the your consent to such changes.
d. Maintaining Account Balance
All charges will be automatically deducted from your credit card on file. Monthly Service fees and yearly Service fees are payable in advance of each month’s or years’ Service. Additional call charges and any other applicable charges are billed subsequent to the end of each month’s Service, except in the case that outstanding additional sent text charges and/or call charges exceed $20.00 within any given month, whereupon these sent texts and/or call charges will be invoiced on the next business day. It is your responsibility to maintain sufficient balance on the provided credit card account to allow for settlement of charges. Interruption of the Service may be experienced in the event that the account balance is not maintained in the manner described above. Any disputes of the amounts invoiced or charged must be submitted in writing to Webbusiness.com within ninety (90) days of the date of the applicable charges and, if not so disputed, you waive any objection and further recourse with respect to such charges. In the event that the Service is terminated, regardless of the reason for termination, then you agree that any unpaid account balance is due immediately and must be paid in full as a condition for reinstatement of the Service. If you establish or have already established one or more accounts for Webbusiness.com SmartLine Services that remain active, Webbusiness.com reserves the right to transfer any unpaid balance from your terminated account(s) to the your active Webbusiness.com account(s).
e. Termination due to non-payment
Webbusiness.com may terminate your Services if your Service fees are more than thirty (30) days past due.
4. PROVISIONS SPECIFIC TO Webbusiness.com SMARTLINE FEATURES
a. Local Area Telephone Numbers
If you are using local area telephone number(s) as part of the Service, it is your responsibility to confirm whether the number(s) are in the local calling area of the callers you intend to reach with the Service (if desired). Webbusiness.com does not assume responsibility for any of your advertising cost losses due to a number not being within the local area of callers to the Service.
b. Voicemail Transcription Services
As part of the Services under this Agreement, you are able to have your voicemail transcribed to emails. All Webbusiness.com SmartLine Service plans will include transcription services. Webbusiness.com reserves the right to add to, modify, or amend this service and feature at any time, with or without notice in its sole discretion.
You also agree not to use the voicemail transcription service in any of the following manner:
- Shared Use. The voicemail transcription service is intended to be used solely by the subscribing Webbusiness.com SmartLine customer and not shared amongst multiple individuals or businesses without first receiving written permission from Webbusiness.com.
- Bulk Call-In Lines. Voicemail transcription service is not designed to be used for bulk support or sales call centers, voting hotlines, 900 numbers, sports or gambling hotlines, or other bulk call-in scenario.
- Dictation. Voicemail transcription is not intended to be used as a dictation service.
- Excessive use: Although there is no limit to your use of the transcription service, Webbusiness.com reserves the right to suspend or terminate the Services with or without notice, as a result of Customer’s fraudulent, or otherwise abusive use of these Services. Where possible, Webbusiness.com will provide a notice of your usage in excess of the normal business use
c. Usage Policy
i. Free Trial
During the Free Trial if Webbusiness.com determines that you have exceeded the included minutes or included sent texts, Webbusiness.com reserves the right to charge your credit card on file for every additional minute prior to the expiration of your free trial period at 0.03 ¢/minute or for every additional sent text at 0.01 ¢/text. Furthermore Webbusiness.com may suspend, cancel or terminate your account with or without notice in our sole discretion.
ii. Unlimited Minutes Fair Usage Policy
Webbusiness.com SmartLine Unlimited minutes Service plan will have an unlimited number of minutes for your use every month. Although there is no limit to the number of minutes on your Webbusiness.com SmartLine, a threshold of two thousand (2,000) minutes every month and five (5) concurrent calls will be considered normal business use. In the event that you exceed this threshold, Webbusiness.com in its sole discretion, may assess an additional usage charge of 0.03 ¢/minute or the current overage rate for every minute in excess of the threshold. Where possible, Webbusiness.com will provide a notice of your usage in excess of the normal business use.
iii. Unlimited Text Fair Usage Policy
Webbusiness.com SmartLine Unlimited text Service plan will have an unlimited number of text for your use every month. Although there is no limit to the number of text on your Webbusiness.com SmartLine, a threshold of two thousand (2,000) send text every month will be considered normal business use. In the event that you exceed this threshold, Webbusiness.com in its sole discretion, may assess an additional usage charge of 0.01 ¢/text or the current overage rate for every text in excess of the threshold. Where possible, Webbusiness.com will provide a notice of your usage in excess of the normal business use.
iv. Mobile App Usage Policy
You are entitled to download the mobile app exclusively for your personal devices, not to exceed three (3) concurrent installations per Webbusiness.com SmartLine Service. This policy is intended to protect the low rates for the Services enjoyed by all Webbusiness.com customers. To avoid additional costs and rate increases it becomes necessary for Webbusiness.com to actively prevent any fraudulent, or otherwise excessive use of the mobile app. In the event that Webbusiness.com finds that you have violated this policy Webbusiness.com reserves the right to suspend, cancel or terminate your account with or without notice in our sole discretion. Where possible, Webbusiness.com will provide you with notice of your violation of this policy prior to any suspension, cancelation or termination.
5. YOUR OBLIGATIONS
In no event shall Webbusiness.com be liable to you, your employees, or any third party participating in calls with you or the your employees for any direct damages or any incidental, consequential, special, or indirect damages, including but not limited to employee or third party claims, liability or damages, arising out of your use of Webbusiness.com SmartLine to monitor or record outbound or inbound calls involving your employees, clients, or any third party, regardless of whether your representatives have advised such third parties of the possibility of monitoring or recording such phone conversations, and particularly when any employee or third party claim is attributable to your error or omission in failing to advise of the potential or actual recording or monitoring of any conversations.
You agree to indemnify, defend and hold harmless Webbusiness.com and its officers, directors, employees, agents, shareholders, and business partners from and against any and all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of your recording of employee or third party conversations, or any violation of federal or state laws governing monitoring or recording of telephone conversations and the requirement to obtain the prior consent of such persons. The provisions of this paragraph are for the benefit of Webbusiness.com and its officers, directors, employees, agents, shareholders, and business partners, and Webbusiness.com shall have the right to assert and enforce these provisions directly against you on behalf of Webbusiness.com or such related parties.
6. LAWFUL AND APPROPRIATE USE / DENIAL OF ACCESS
It is specifically understood and agreed that you shall be use the Service solely for lawful and appropriate purposes and that you hereby agree to indemnify and hold Webbusiness.com harmless from any and all claims, damages, losses or liabilities of any nature whatsoever arising out of or concerning the your use in any manner of the Service provided herein. In the event that Webbusiness.com is brought into or required to respond to any action arising from or concerning your activities, you agree to indemnify and hold Webbusiness.com harmless from all arbitration, court and attorney's costs and fees. Webbusiness.com may upon ten (10) days written notice immediately discontinue, disconnect, limit, or revoke the Service without notice or warning to you, if you, at the sole discretion and determination of Webbusiness.com, cause any type of activity or load which is incompatible with Webbusiness.com network, cause quality of service issues, or otherwise impair Webbusiness.com’s ability to maintain or provide service to other customers. In the case that the Service is suspected of being misused by you, including for fraudulent activity, Webbusiness.com reserves the right at its sole discretion to immediately terminate the Service upon ten (10) days written notice and inform the public that the Service is believed to have been used for inappropriate business. In addition, Webbusiness.com reserves the right to terminate Service to Customer, with or without cause and with or without specifying any reason for termination, upon at least thirty (30) days' notice of termination to Customer. Webbusiness.com shall not be liable for any direct or indirect damages resulting from a decision to terminate, discontinue, disconnect, limit, or revoke the Service with or without notice or warning or for informing the public about the possibility of inappropriate business.
Webbusiness.com may deny your access to Services without incurring any liability if:
- You have not paid the fees due for Service rendered hereunder, ten (10) days after you have received a notice of non-payment from us; or
- Your acts or omissions that constitute a violation of, or a failure to comply with, any regulation governing the Services provided hereunder, but which violation or failure to comply does not constitute a material breach or does not pose any actual threatened interference Webbusiness.com’s provision of Services or operations. Webbusiness.com will give you ten (10) days’ notice of such violation or failure to comply prior to the disconnection of service; or
- The implementation of any order of a court of competent jurisdiction, or federal or state regulatory authority of competent jurisdiction, prohibiting the Webbusiness.com from providing the Services; or
- Failure to pay a previously owed bill by the same Customer at another location.
- Fraudulent, otherwise abusive use of these Services or excessive use of the Service beyond normal business usage.
In the event your service is disconnected by Webbusiness.com for any of the reasons stated above the Customer shall be liable for all unpaid charges due and owing to Webbusiness.com associated with the service.
7. WARRANTY EXCLUSIONS
THE SERVICES PROVIDED HEREUNDER AS PROVIDED “AS-IS”. Webbusiness.com MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, Webbusiness.com DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OMISSION, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. ANY CLAIM AGAINST Webbusiness.com MUST BE MADE WITHIN ONE YEAR OF THE EVENT GIVING RISE TO THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER, AND Webbusiness.com SHALL HAVE NO LIABILITY THEREAFTER.
8. LIMITATION OF LIABILITY
The Service, although reliable, is not guaranteed. Liability for interruption of the Service and/or a lack of quality of the Service, including but not limited to errors and omissions relating to a directory listing and CNAM, shall be limited to a maximum of the sum of two months rental cost for the Service. Webbusiness.com reserves the right to interrupt the Service for maintenance and systems upgrades at its discretion.
IN NO EVENT SHALL Webbusiness.com BE LIABLE FOR CLAIM OR LOSS, EXPENSE, OR DAMAGE (INCLUDING INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGE) FOR ANY INTERRUPTION, DELAY, ERROR, OMISSION, OR DEFECT IN ANY SERVICE, FACILITY (INCLUDING SERVICES AND FACILITIES INVOLVED IN EMERGENCY CALLING ACTIVITY), OR TRANSMISSION PROVIDED UNDER THIS AGREEMENT, IF CAUSED BY ANY PERSON OR ENTITY OTHER THAN Webbusiness.com, BY ANY MALFUNCTION OF ANY SERVICE OR FACILITY PROVIDED BY ANY OTHER CARRIER, BY AN ACT OF GOD, FIRE, WAR, CIVIL DISTURBANCE, OR ACT OF GOVERNMENT, OR BY ANY OTHER CAUSE BEYOND Webbusiness.com’S DIRECT CONTROL.
9. PROPRIETARY RIGHTS; RESTRICTIONS
It is specifically understood and agreed that the Service and all programs and formats associated with the Service provided under these Terms and Conditions are Webbusiness.com’s proprietary materials and information. It is also specifically understood and agreed that you shall not, and shall not permit or encourage others to, without the prior written approval of Webbusiness.com, copy, duplicate, communicate, disclose, modify, adapt, decompile, reverse engineer, disassemble, prepare derivative works of, or attempt to derive source code from the Service or any programs or formats associated with the Service covered by these Terms and Conditions.
10. CUSTOMER CANCELLATION
You may cancel your Service at any time through MYA.
11. TITLES AND HEADINGS, INDEPENDENT COVENANTS; SEVERABILITY, REGULATORY CHANGES
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
To the extent that any Services provided hereunder are subject to the jurisdiction of the Federal Communications Commission (“FCC”) or any state public utilities commission or other regulatory agency, these terms and conditions shall at all times be subject to changes, modifications, orders and rulings by the FCC and/or state public utilities commission or other regulatory agency. Webbusiness.com reserves the right to suspend, modify or terminate any Service without liability where any statute, regulation and/or ruling, including modifications thereto, by any regulatory agency (including the FCC), legislative body or court of competent jurisdiction, (i) prohibits, restricts or otherwise prevents Webbusiness.com from furnishing such Service, or (ii) has a material negative impact on Webbusiness.com’s performance hereunder.
12. DEFINITIONS; CONFLICTS
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. If there is a conflict between this Agreement, the Universal Terms of Service Agreement, or price schedule, then the provisions in the tariff or price schedule will govern with regard to the subject matter contained therein, followed by this Agreement, and then the Universal Terms of Service Agreement.
13. ENGLISH LANGUAGE CONTROLS
This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.
Except as otherwise may be provided under any applicable state laws or requirements, we reserve the right to assign or otherwise transfer by merger or operation of law all or part of our rights or duties under this Agreement without notice. You may not assign this Agreement or the Services to which you subscribe without our prior written consent, which will not be unreasonably withheld.