Anveo Direct - Terms Of Use

This Terms of Use ('Agreement') constitutes an agreement between Anveo, Inc., and the customer ('Customer', 'you' or 'user') for all of Anveo Direct® services. This Agreement covers and applies to all of Anveo's free and paid service plans as well as Beta plans and features. If you do not or are not willing to be bound in its entirety by these terms and conditions of service, do not click 'I Agree to the Terms of Use' checkbox.
The services offered by Anveo, Inc. ('Anveo','Anveo Direct', 'we' or 'us') include the Anveo® websites at anveo.com domain as well as any other related websites, widgets, or other distribution channels we may, from time to time, operate (collectively, the 'Anveo website') and any other features, content, services or applications offered, from time to time, by Anveo (collectively, the 'Service', 'Services').
Anveo domains (e.g. www.anveo.com, www.anveodirect.com, direct.anveo.com) (the Anveo® website and other related domains are collectively referred to herein as, the 'Site', 'Sites');
Please be aware that, any of the following actions, without limitation or qualification, constitutes your acceptance and agreement to be bound by and to comply with all of the terms and conditions of service of this Agreement: 1) clicking the box 'I Agree to the Terms of Use.' 2) Initialization of the Service by login to your account, 3) registering for Service on anveo.com websites, 4) adding funds to your account.
This Agreement includes Anveo's policy for acceptable use of the Anveo® Services and any content posted on the Anveo Website as well as your rights, obligations and restrictions regarding your use of the Anveo Services and Anveo Privacy Policy.
ANVEO® SERVICES
This Agreement applies to all Anveo® services, software and widgets. Anveo refers to Anveo's software installed on or distributed to your computer or website that is used to access and use Anveo services.
DEFINITIONS
'Channel' - an IP transmission medium capable of delivering a single phone call.
'DID' - Direct Inward Dialing number used by Customer to receive a Service.
'Dedicated Channel' - Channel which can handle calls for a given DID
'NRC' - The Non Recurring Charge is a one time fee charged when an order is placed.
'MRC' - The Monthly Recurring Charge for a Service which is due on 15th UTC every month.
REGISTRATION PROCEDURES
Upon signing up for the Service, you agree to provide true, accurate, current and complete contact information, Registered Location, and other data to Anveo® and at subsequent times as requested by Anveo. If you provide information that is, or that Anveo suspects to be, false, inaccurate, not current or incomplete, Anveo has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof. At all times, you shall maintain and promptly update registration data as applicable. Use of multiple accounts per company/household/user/individual is prohibited.
When you sign for the service, you will also be asked to choose a password. You are solely responsible for maintaining the confidentiality of your Password, API access security configuration. In addition, your shall at all times be solely responsible for all transactions and activities that occur as a result of your disclosure of such password even if such transactions and/or activities were not authorized by you. You and, if applicable, your company, shall at all times be solely responsible and liable for any transactions or activities that originate from your account. You agree immediately change your password and notify Anveo in writing if you have reasons to believe that your account has been compromised or that at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. In no event shall Anveo be liable for any unauthorized activities with your Account.
EMERGENCY SERVICES/E911
Anveo Direct provides wholesale inbound and outbound services as separate products and it does NOT offer emergency calls.
CUSTOMER REPRESENTATIONS
You represent and warrant that you are at least 18 years old or, as applicable, the age of majority in the country, state or province in which you reside, and are legally entitled to and have all necessary power and authority to enter into this agreement. You represent and warrant that your name, user name, contact information and location are true and accurate. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you). In order to use the Service, you agree, at your sole expense: to 1) provide and be responsible for payment for all equipment and service fees necessary to establish a connection to the Internet and/or to the Publicly Switched Telephone Network ('PSTN'), as may be required to use the Service; 2) supply and pay for all phone service features required for your use of the Service; and 3) pay us for the Service. Anveo can terminate the Services and refuse any and all current or future use of all Services, or any portion thereof if we suspect that some information that you provided is inaccurate or incomplete or you are under 18 years old.
SERVICE USE
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. Anveo® acts as a passive conduit for you to send and receive communications and information of your choice and Anveo has no control over the content of any transmission nor will it be liable for such content. You agree that you shall not, at any time, use the Service for any abusive purpose or in any way which interferes with our ability to provide Service to other customers or restricts other customers from using the Service, or damages any Anveo or other customer's property. You acknowledge and agree that, by using the Service, you may be exposed to content others send you that is objectionable, offensive, or indecent. You understand and agree that Anveo has no control over the content of any audio, video or text transmissions relayed to you through the Service and you agree to hold Anveo harmless for any harm suffered due to the content relayed to you through this Service.
Anveo reserves the right to restrict incoming calls to any telephone number in its sole discretion.
You will abide by all applicable local, state, national and international laws and regulations of countries of all phone call participants connected using the Service.
You shall not violate any U.S. or foreign export control laws.
You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
You shall not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service by any means.
Collect information about other people without their consent.
Create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication.
Misrepresent or otherwise attempt to mislead any person as to your information or otherwise engage in fraudulent or deceptive conduct
Transmit any material that may infringe the intellectual property rights or other rights of third parties, including without limitation, trademarks, trade secrets or copyrights;
NO DIALER TRAFFIC and use of Predictive Dialers, Auto Dialers, Telemarketing Devices, Lead Generators and other simular programs is prohibited. All calls made using such programs will be charged $1 per minute rate (60/60 billing interval) and $0.1 per dial attempt.
In accordance with the Digital Millennium Copyright Act in appropriate situation Anveo will terminate your Service if you violate the copyrights of third-parties. Anveo may or may not attempt to contact you, in its sole discretion, prior to such service suspension or termination.
SPAMMING AND ILLEGAL ACTIVITIES
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or in association with the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services for the transmission of 'junk mail', 'spam', 'chain letters', or unsolicited calls. Anveo reserves the right to terminate your access to the Services if Anveo believes in its sole discretion, that you have used the Services for any illegal or unauthorized activity.
TELEPHONE NUMBERS
Customers can port out/transfer telephone numbers from their account to a new provider of their choosing. Anveo will not refuse such port out requests provided that Customer will have settled all outstanding invoices and port out related fees. In the port out event the customer will be charged and administrative fee equals to the 6 months MRC per phone number ported out. You acknowledge and agree that Anveo reserves the right to cancel, substitute or change telephone numbers allocated to you in its sole discretion. You acknowledge that Anveo shall not be liable for any damages (including consequential or special damages) arising out of telephone number allocations. Telephone numbers allocated by Anveo Direct do not support reverse directory lookup of your address. Anveo Direct does not support CNAM storage. Upon termination of your Anveo account for any reason, or termination of telephone number subscription, you will no longer have access to telephone numbers allocated to you; consequently these telephone numbers will be reassigned to other customers and once reassigned Anveo will not be able to assign the same telephone number to you in the future. Telephone numbers are offered on pre paid basis and when a customer fails to pay for the next billing inteval the telephone number will be canceled. When the telephone number was prepaid for a certain period and it was ported out by a customer before the end of the pre paid period there will be no refund for the time a telephone number no longer available from Anveo. Anveo tries its best to ensure interoperability of Anveo telephone numbers in order to make the telephone numbers reachable from as many mobile and fixed networks as possible. However, as Anveo relies on the interoperability of services from its local partner(s) in each country for end-to-end connectivity, Aveno does not warrant and represent that the telephone numbers will be reachable from all mobile and fixed networks. Anveo service and Anveo phone numbers must not be used to trigger callback service and collect calls. The customer agrees to maintain ASR (Answer/seizure ratio) for Anveo Direct phone numbers to be not less than 75%. The minimum service term for a phone number and/or channels ordered is 3 months as from the order date or any extension thereof. Customer shall manage the capacity supporting the Service according to its specific needs and will order the required amount of Channels through Anveo website. A Channel may be shared between all Customer’s Phone Number within the same Service and the same zone. Channels will not be dedicated to a specific Number or country unless it is specifically noted. Anveo shall endeavour to implement the Channels submitted through firm order by Customer within approximately 1 months from the ordering date. DID prices shown on the Website are for new orders only. Incoming calls on Anveo Direct Value are rounded up to the whole minute.
INCOMING CHANNELS
Incoming channels are used to received incoming calls on Anveo Direct PRIME DID. Incoming channel is designed to carry a certain number of incoming calls and/or incoming minutes per billing cycle. If the average number of incoming minutes per incoming channel or the average number of calls received per incoming channel in customer's account exceeds 30,000 during any applicable monthly billing cycle, then additional Worldwide zone channels will be deemed to have been purchased by Customer at then current rates and Customer will be billed such that the average number of minutes and incoming calls per Channel will equal not more than 30,000 during such billing cycle.
ANVEO'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ('Software') contain proprietary and confidential information that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
Anveo owns exclusive right to the Service, including all intellectual property rights thereto. All rights not expressly granted under this Agreement are retained by Anveo. Any new functionality or feature provided by Anveo that expand or enhance the Service shall also be subject to this Agreement.
You agree not to, and shall not allow any third party to, reproduce, modify, hack, publish, transmit, distribute, publicly perform or display, sell, rent, lease, loan, create derivative works based on the Services, disclose, transfer, convey, decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Services and/or any of Anveo technology or software or protocols for any purpose whatsoever.
You agree not to allow any third party to access the Services for any purpose whatsoever.
SERVICE UPDATES
You acknowledge and agree that Anveo, in its sole discretion, may add additional features or functions, or to provide software updates, fixes, and upgrades to the Service. You acknowledge and agree that Anveo shall not be liable for any damages in relation to the direct or indirect damages caused by (1) the release and/or the absence of release of updates of the Service, and (2) by the suspension or termination of this Agreement or the Service by Anveo and/or by you.
CHARGES
You acknowledge and agree that you are responsible for paying all charges and fees to your Account for Services, including but not limited to, regulatory and government fees, long distance and for all taxes and surcharges imposed on you or us as a result of your use of the Services.
All charges and fees are deducted from your pre-paid account balance. You account balance may become negative in when your account balance is lower than transaction amount.
Some services have NRC, a one-time, non-refundable setup or activation charge.
Upon termination of your Account for any reason, all pre-paid services shall expire in their entirety and NO refund or pro-ration shall be made for any unused services, credits or minutes including but not limiting to Phone Numbers.
When applicable calls are billed and charged at 1 minute increment unless noted on the website otherwise.
ACCOUNT BALANCE AND EFFECTIVE ACCOUNT BALANCE
Service is offered on pre-paid bases. You agree to maintain positive account balance all the time in order to receive the Service(s). Accounts with negative balances may be suspended, terminated or be limited in service; specifically phone numbers assigned by Anveo will not accept incoming calls. You hereby release and agree to hold harmless Anveo from and against any damages or liabilities of any kind related to such limitation of service when Account Balance is negative.
BILLING AND PAYMENTS
Anveo reserves the right to accept only certain Payment Methods. Anveo reserves the right to reject any payment. Any applicable setup, activation, initiation charges, usage and other recurring charges and fees are billed and charged in full in advance. Termination and transfer charges are billed and charged as incurred. For accounting and other purposes payments made after 4:00PM EST shall be considered as made and credited next day following the payment. Any interest earned by Anveo on credit balances in Customers account will accrue to Anveo.
CHARGEBACKS:
You acknowledge and agree that all credit card transactions and/or payments are final once completed. We strongly discourage the use of charge backs. If you believe that your account was charged fraudulently or erroneously you must follow our dispute procedure 1) contact our customer support department via email at customer.support@anveo.com with 'chargeback' in the subject line. You must provide the following information a) your name b) your contact information c) last four digits of the credit card number in question d) name on the credit card e) Anveo account number f) the date when the credit card transaction occurred and g) the total amount charged to the credit card. You will be contacted by Anveo customer support representatives to try to resolve the matter. 2) If you did not reach an agreement with our customer support representative, you must then contact our legal department via email at legal@anveo.com to try to resolve the matter. If you take actions to reverse your Account charges with your credit card company for any reason without first following the dispute procedure set forth herein, we reserve the right to pursue you legally through an attorney and or/collection agency and any other means for damages, including, among other things, fraud.
Auto-renewal and Auto Downgrade
All Services will be automatically renewed/extended for successive renewal periods of the duration as you selected but not less than 1 month, at the then-current subscription rates, charges and fees.
STORAGE OF CALL DETAIL RECORDS
Anveo is not obligated to store your incoming/outgoing call detail records and does so only as a convenience to you. You acknowledge and agree that Anveo has no responsibility or liability whatsoever for the deletion, lose or failure to store any call detail record or any other information transmitted by the Services or stored on Anveo servers.
JURISDICTION
Anveo makes no representation that content on Anveo web site(s) is appropriate or available for use in locations outside the United States of America. Those who choose to access this site from locations outside the United States of America do so on their own initiative and are responsible for compliance with foreign, domestic and local laws, if and to the extent local laws are applicable.
TERMINATION
Anveo reserves the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion.
If we discontinue the Service generally you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges and the balance of pre-paid amounts.
If your Service is terminated due to your breach of any provision of this Agreement, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable.
If Anveo or you terminate your right to use the Service, you shall not be entitled to any refund or pro ration of any pre-paid amounts.
Upon any termination in accordance with the foregoing, Anveo will delete related information and files in your Account, reassign any telephone numbers associated with the account, and/or prevent any further access to such files, information, or the Services.
NO WARRANTIES
THE MATERIALS, CONTENT, SERVICES AND ACCOUNTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE'. ANVEO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE MATERIALS, CONTENT, SERVICES AND ACCOUNTS WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. NEITHER ANVEO NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES, SOFTWARE, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF, YOUR DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS, OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF ANVEO'S; OR ITS SERVICE PROVIDER'S OR VENDOR'S NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE, IF ANY, BY ANVEO OR ANVEOS' AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY YOU.ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. ALTHOUGH ANVEO MAKES EVERY EFFORT TO ENSURE THAT VOICE, VOICEMAILS AND DATA TRANSMISSIONS ARE SECURE, ANVEO MAKES NO GUARANTEES OF SECURITY. ANVEO DOES NOT WARRANT THE RELIABILITY OR ACCURACY OF THE RESULTS OBTAINED BY USING THE SERVICES OR ANY DATA DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED BY USING THE SERVICES.ANVEO DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF INCLUDING WITHOUT LIMITATION ANVEO'S EMPLOYEES AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. As certain jurisdictions do not allow some of the exclusions, disclaimers, or limitations as set forth above in this Section, some of these exclusions, disclaimers, or limitations may not apply to you.
CONTENT
You will be liable for any and all damages and claims that may arise out of the content transmitted by you or by any person, whether authorized or unauthorized, using the Services on your account. You will assure that your and such other persons' use of the Service and content comply at all times with all applicable laws, regulations, and written and electronic instructions for use. ANVEO reserves the right to terminate or suspend your Services and remove your or such other persons' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or any other persons' use or content.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ANVEO, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. IN NO EVENT SHALL ANVEO, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICES, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICES. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, ANVEO SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND ANVEO AGREE THAT ANVEO'S TOTAL LIABILITY TO YOU FOR ANY REASON SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE MONTHLY FEES ANVEO CHARGED YOU DURING THE ONE (1) MONTH IMMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED. ANVEO, ITS OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, AFFILIATES, STOCKHOLDERS, AGENTS, OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU OR US IN CONNECTION WITH THE SERVICE, SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES ARISING FROM OR IN CONNECTION WITH PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, OR THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE, OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. YOU AND ANVEO AGREE THAT THE LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN THE PARTIES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ANVEO, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, STOCKHOLDERS, AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, EXPENSES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICE, RELATING TO THE SERVICES. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF ANVEO OR ITS EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
FORCE MAJEURE
ANVEO shall be excused from any delay or failure in performance hereunder, other than the payment of monies, caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war, terrorism or government requirements.
PRIVACY
The Service utilizes, in whole or in part, the public networks such as Internet and third party networks to transmit voice and other communications. ANVEO is not liable for any lack of privacy which may be experienced with regard to the Service. We collect your IP address information, referral URLs, widget placements, navigation history and other information to gather relevant demographic data. You also authorize our recording and monitoring of your calls to our customer service phone numbers and you consent to Anveo may contact, survey, solicit you from time to time by various means including without limitation automated dialing, your account inbox records, internal communication and email.
COOPERATION WITH GOVERNMENT AUTHORITIES
In accordance with applicable law, Anveo will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, Content, Services, Materials, Accounts, visitors, customers, Anveo inc., its parents, subsidiaries, affiliates and their respective members, employees, directors, officers, stockholders and agents and operational providers, from the unauthorized use of this Site, Materials, Content, Services and Accounts. Anveo mean to be in full compliance with Communications Assistance for Law Enforcement Act ('CALEA'). By using the Services, you hereby agree and consent to Anveo's right to monitor, tap, trace and otherwise disclose the nature, content and history of your communications if and as required by CALEA without any notice to you.
GOVERNING LAW
This Agreement and the relationship between you and us are governed by the laws of the State of Pennsylvania without regard to its conflict of law principles.
MANDATORY ARBITRATION AND NO JURY TRIAL
You acknowledge and agree that any dispute or claim relating to the interpretation or performance of this 'Terms of Use' shall be resolved at the request of either party through binding arbitration conducted in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Philadelphia, Pennsylvania before a single mutually acceptable arbitrator. If the parties unable to mutually select an arbitrator after 30 days, American Arbitration Association shall appoint one arbitrator.
The arbitrator's decision will be final and binding and judgment thereon may be entered by the state or federal court having jurisdiction.
The parties intend that this ARBITRATION PROVISION be irrevocable.
THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRATION PROCEEDINGS IN, PENNSYLVANIA
NOTICES
Anveo notices to you shall be considered valid and effective when sent by email to the email address on your account or when placed into 'Customer Support Communication' list of notices/messages (accessible at http://www.anveo.com/message.asp). Written notice to us shall be effective when emailed to our Customer Support department. Oral notices shall be considered as not valid for any purposes whatsoever.
REFUND POLICY
There is no refund for any prepaid services. However, when you close your account then unused funds on your account will be refunded. $5 refund processing fee will be withheld from the amount refunded.
ACCOUNT CLOSURE
Only accounts in a good standing can be closed. Accounts with negative balances must pay off the balance prior to closing the account. To close an account a customer have to contact Anveo Customer Support ( customer.support@anveo.com ) by sending an email from the email address used to open the account with 'CLOSE ACCOUNT REQUEST' in the subject line and the email message should include the account number. When a customer requests his/her account to be closed all customer's subscriptions to Anveo services (including Anveo phone numbers) will be canceled and a refund will be issued for any balance remaining in the account. Refund processing fee in the amount of $5 will be withheld for all refunds.
Privacy, Email notifications and Opt-Outs
New Customers are automatically registered for access at https://www.anveo.com/admin.asp The Customer portal allows Customers the ability to manage Anveo features, phone number, add or delete sub accounts and opt in (or out) of services and mailing lists. The Customer portal provides the Customers with control over their preferences for electronic information delivery. Please note that some email communications are not subject to general opt-out. These include communications related to service renewals; communications about sales transactions; communications about service status and urgent service updates, patches and fixes; disclosures to comply with legal requirements; and network upgrades or other related service maintenance. If an individual’s personal information is to be (a) disclosed to a third party who is not an Agent; or (b) used for a purpose that is incompatible with the purpose(s) for which it was originally collected or subsequently authorized by the individual, then the individual will be notified prior to such disclosure and may opt out of having the information disclosed by responding to the email and/or author of the notification, where such information shall be clearly set forth.
PRODUCT CONFIGURATION
Anveo does not offer technical assistance for configuring third party devices including PBX Servers/Switches, IP Phones and ATA Adapters, SIP Apps and softphones. It is the end users responsibility to properly configure their devices for use with Anveo services.
LOCAL LOOP CHARGES
Customer shall be responsible for all local loop charges.
SHORT DURATION CALLS
If in any given day (UTC time) fifteen percent (15%) of completed calls have a call duration of twelve (12) seconds or less Anveo Direct will bill an additional surcharge of $.02 (two cents) for each call in excess of the fifteen percent (15%) threshold. This surcharge is in addition to all applicable usage charges and rates.
MISCELLANEOUS
Anveo may change this Agreement from time to time and any such modification will be effective upon its posting on the website. Such changes will become binding on you on the date they are posted to Anveo website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service. It is important that you review this agreement regularly. Unused monthly usage will not roll over.
Last Updated: March 1st, 2014. Copyright Anveo Inc. 2014
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