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Halloo Virtual Office Service-Terms of Use Halloo Communications, Inc., a provider of enhanced communications
services, makes your Halloo account and services available to you
under the following terms and conditions.
These Terms of Service are valid for all Halloo Product
Plans except the Halloo VoIP products. Halloo VoIP products
are subject to a mutually executed written agreement.
Halloo Communications at its sole discretion reserves the right to
refuse service to anyone for any reason. Halloo Communications
reserves the right at its sole discretion to change or cancel the
Service, Service Terms of Use, Site Terms of Use or
pricing at any time without prior notice; change to the Service,
Service Terms of Use, Site Terms of Use,
Acceptable Use Policy, Privacy Policy or pricing
become effective immediately upon posting to the Halloo website. This
service is offered to persons age eighteen (18) or older or legal
entities whose principals or officers are eighteen (18) years of age
or older. Important: The terms and conditions associated with
this service are set forth in this agreement (Service Terms of Use),
the Site Terms of Use, the Acceptable Use Policy and
the Privacy Policy. Please read these agreements carefully
before you activate use of this service. By using your Halloo account,
you acknowledge your receipt of and agreement with these Service
Terms of Use, Site Terms of Use, the Acceptable Use
Policy and Privacy Terms and any amendments made
hereafter:
Charges and Billing
- You authorize any charges incurred from the use of your Halloo
account to be billed to you through your charge or credit card
account. A valid charge or credit card number is required when the
Halloo Service with a monthly fee or usage fee is activated. If the
card expires, you close your account or your billing address changes,
or the card is cancelled and replaced owing to loss or theft, you must
advise Halloo Communications at once. You may use the Halloo account
only so long as your charge or credit card remains valid and in good
standing. Your Halloo account must not be used after your Halloo
account or your charge or credit card has expired or has been
withdrawn, revoked, or terminated. You continue to be responsible to
Halloo Communications for any charges resulting from the use of your
Halloo account after your charge or credit card has been terminated,
or after you revoke your authorization to bill your account, at which
time all outstanding charges will be payable immediately to Halloo
Communications.
- You may provide a new credit card for your account at any
time. You can provide a credit card by logging into your account and
changing payment information. Upon verification, Halloo
Communications, Inc. will first attempt to collect any subsequent
charges from this new credit card. If any charge to the new card fails
for any reason, Halloo Communications, Inc. reserves the rights to
attempt collection from any other credit card associated with the
account.
- Your Halloo account is not transferable in any way and may not be
assigned to any third party. You agree to pay for all charges incurred
by use of the Halloo account issued to you and comply with the other
terms and conditions set forth herein. All charges incurred through
use of your Halloo account and debited to your credit card account are
subject to the credit card finance charges appearing on your account
statement, in accordance with the terms and conditions of that
account.
- Charges for the services will be rated and charged in accordance
with the rates provided herein or any promotional offer during the
published terms of such offer by Halloo Communications in United
States dollars at a flat rate per minute (as provided in our price
list and with surcharges outside the 48 contiguous states). Our rates
are calculated at one-minute increments. The amount debited will
include any applicable taxes, and will be shown in the currency
provided for in your charge or credit card agreement. All prices are
subject to change without prior notice. Our published rates may not
include additional charges you may receive for terminating or
forwarding a call to a cell phone or public pay phone.
- Customer is responsible for, and shall pay any applicable federal,
state, municipal, local or other governmental sales, use, excise,
value-added, public utility or other taxes, fees or charges now in
force or enacted in the future, that arise from or as a result of
Customer’s subscription or use or payment for the Halloo Service.
- All Monthly Service Charges and Monthly Recurring Charges and any
additional per minute charges incurred will normally be charged to
your credit card on a monthly basis. Your credit card is normally
charged once monthly on the first day of the new billing cycle for
your monthly rate plan and feature charges. Features which are billed
on an as-used basis (Conference calling etc.), are generally charged
to your credit card when your outstanding balance of these features
use or additional per minute charges exceeds your credit limit (e.g.,
$10.00 of accumulated charges) or at the end of your monthly billing
cycle if the accumulated charges are below the limit. These charges
will appear as part of your next month billing cycle. The amount
charged will include any applicable taxes, and will be shown in the
currency provided for in your charge or credit card agreement. All
prices are subject to change without prior notice.
- Your account is considered late when a payment fails for any
reason. The late fee assessed is the greater amount of $39 or 1.5% of
balance due. Multiple late fees can be incurred in the same monthly
period if multiple collections fail.
- Changing Service Plans. If you choose to switch
to a different calling plan, please log in to your on-line account
management interface and change plan to the new desired plan or send
an e-mail to support@halloo.com, including
your account ID as well as the name of the plan that you would like to
switch to. You may change plans at any time during your billing
cycle. You will receive a pro-rated credit for the unused portion of
your existing rate plan and a prorated charge for the new plan. A
change of plans is treated as a termination of the old plan part way
through the month, followed by the initiation of the new plan part way
through the month. Any included minutes remaining from the old plan
will be lost, but a pro-rated fraction of minutes from the new plan
will be granted. However, if the fraction of included minutes from the
old plan that have been used is greater than the fraction of the month
that has elapsed, then the refunded portion of the old plan will be
calculated based upon the fraction of monthly included minutes used,
rather than the fraction of time elapsed. Changing to a larger plan
will often result in a payment before the monthly billing date.
- Audio Storage Usage Over Limit. If you use more
space for audio storage than the allocated space for your plan, then
your account may be upgraded without notification to accommodate the
space used. Your account will never be automatically downgraded.
- Unused minutes for monthly plans. At the end of
each service month, any unused minutes remaining in your account will
be forfeited. Minutes cannot be rolled over from one month to the
next. At the beginning of each months billing cycle, if your account
is in good standing, your account will be recharged to the specified
amount of minutes in your monthly rate plan.
- Calls from public pay phones to Toll Free
Numbers. If your plan includes a Toll Free Number, any call
originating from a public pay phone to your Toll Free number will be
subject to a pay phone termination charge. The current surcharge for a
call of this type is $0.75 and is subject to change at any time. The
amount of the surcharge stipulated in this clause at the time the call
is completed will be billed to your account.
- Calls to Mobile Phones. Most plans include calls
to mobile phones, but rates to mobile phones maybe charged at a
different rate. Call to mobile phones in the continental U.S. are
charged at the same rates as to wire line phones in the continental
U.S. Calls to mobile phones to countries outside the U.S. may be
charged at a different rate than wire line rates for that
country. Please consult the international calling rates to determine
if there is a different rate for mobile phone calling in that country.
- International Rates. Calls to and/or from
countries, states and territories outside the continental
U.S. (including calls from/to Hawaii, Alaska, US Virgin Islands,
Puerto Rico and other US territories) are charged at the current rates
available from Halloo at the time the call is placed.
User Responsibilities
Fees paid to Halloo Communications are for services provided by
Halloo Communications. In order for you to use the Service, it is your
responsibility to furnish at your own expense and paid for by you:
- Provide and be responsible for a connection to the Internet
- Provide at your own expense any equipment needed to connect to and
make use of the Internet and e-mail account
- Obtain your own phone service and required features from your
local or wireless provider
- Obtain any other equipment, communications services or features
(e.g., Jabber Instant Messenger Client) that you desire to use with
Service(s) provided by Halloo Communications
The fees paid by you to Halloo Communications are only for the
Halloo Service. You are responsible for all charges associated with
your telephone, all telephony equipment, long distance charges and
charges for connecting to the Internet. You agree that any telephone
or communications charges incurred by you are your sole
responsibility. You may be subject to other charges from your phone
company in addition to fees for this service.
Disputes,
Refunds and Termination
The Terms will continue to apply until terminated by either you or
Halloo as set out below. Any disputed charges or requests for
cancellation of an active Service or account with Halloo must be made
in writing. Notices to Halloo shall be considered given when confirmed
as received by Halloo Communications, Inc. at support@halloo.com.
- Any disputes concerning the use of your Halloo account requiring
judicial resolution shall be determined in the Courts of the State of
California under the laws of the State of California.
- Any challenges to a charge or request for a refund must be made in
writing to Halloo Communications. Notices to Halloo Communications
shall be considered given when received by Halloo Communications at
support@halloo.com
- Halloo Communications will respond to any challenges to charges or
refund requests in writing to the customer at the Email address in the
customers’ profile. In the case that Halloo Communications
grants either a full or partial refund to the disputed charges, said
refund will be made at Halloo Communications discretion by either
crediting equivalent minutes to your plan, issuing a credit on your
next months statement or issuing a credit to the credit card to which
the original charge was made.
- Any disputed charges must be brought to our attention, in writing,
within seven (7) days of the charges or you will have waived your
right to dispute the charges. Halloo Communications reserves the right
to cancel your Halloo account at any time.
- All calling plans are on a month-to-month basis and may be
terminated by you or Halloo Communication at any time. If you choose
to terminate your service, you may do so by submitting a notice to
support@halloo.com.
For your protection, you will receive an e-mail notification to
which you MUST reply to complete the cancellation process. This reply
with confirmation must be received at least 7 days notice prior to the
end of your billing cycle to avoid additional monthly service charges
to your credit card. If you choose to terminate service, you
understand that there will be no refunds of the monthly service charge
for the current month and, that any unused minutes will be forfeited.
- Your account termination will go into effect within a reasonable
amount of time after Halloo Communications’ receipt of
termination notice (typically within three business days).
- Halloo Communications may terminate and or suspend your Halloo
Service at any time in its sole discretion, if any charge to your
credit card on file with Halloo Communications is declined or reversed
or in case of any other non-payment of account charges. Termination of
Service for a declined card, reversed charges or non-payment leaves
you FULLY LIABLE to Halloo Communications for ALL CHARGES ACCRUED
BEFORE TERMINATION and for charges incurred by Halloo Communications
owing to your non-payment, such as (but not limited to) collection
costs and attorney's fees.
Resolution of Disputes
Mandatory Arbitration. Any dispute or claim
between Customer and Halloo Communications arising out of or relating
to the Service or Device provided in connection with this Agreement
shall be resolved by arbitration before a single arbitrator
administered by the American Arbitration Association in accordance
with its Commercial Arbitration Rules. Judgment on the award rendered
by the arbitrators may be entered in any court having jurisdiction
thereof. All claims shall be arbitrated individually and Customer will
not bring, or join a punitive or certified class action to arbitration
or seek to consolidate or bring previously consolidated claims in
arbitration. The arbitrator shall have no authority to award punitive
damages. Customer acknowledges that this arbitration provision
constitutes a waiver of any right to a jury trial.
Cost of Arbitration. All administrative fees and
expenses of arbitration initially will be divided evenly between
Customer and Halloo Communications. In all arbitrations, each Party
will bear the expense of its own counsel, experts, witnesses and
preparation of evidence in arbitration. The prevailing Party shall be
awarded all attorneys’ fees and costs attendant to each
arbitration proceeding. The decision of the Arbitrator shall be
final. The location of arbitration shall be San Francisco California,
unless otherwise agreed to by both Parties in writing.
Notices. Notices to Customer shall be sent to the
email address on file for Customer at Halloo Communications and will
be considered given on the date sent by Halloo
Communications. Customer is responsible for notifying Halloo
Communications of any changes to their email address. Notices to
Halloo Communications shall be considered given when confirmed
received by Halloo Communications at
support@halloo.com
7 Day No Risk Trial
We’re so confident about the quality of our service and
equipment; we offer a no risk 7-day trial of any one of our services
with a monthly fee to each new customer. The trial includes 30 minutes
of use. Should you be unhappy with the quality of the Halloo service,
you can simply cancel the service. If you use less than 30 domestic
calling minutes, we will refund your 1st months basic plan service
charge. All charges for any Setup fees, Upgrades, International Calls,
or Special Services are still billable and are not included as part of
the return offer. Domestic calling minutes must be under 30 minutes to
qualify for the 1st months plan refund. The terms are simple:
7- Day money back trial terms:
- A valid credit card is required in order to activate any Halloo
Service plan. Upon activation, you authorize Halloo to charge for the
first month of service for your plan.
- In order to qualify for the 7 day trial return plan you must send
an email with notice of cancellation to support@halloo.com within 7 days
of service activation.
- Once the 7 day trial return conditions have been met, Halloo
Communications, Inc. will issue a credit to the credit card from which
the initial charges where made for the 1st months service charge as
long as accumulated minutes are less than 30 minutes.
- Any customer and company is limited to one 7- Day money back
trial, to one account not subject to setup and activation fees, and to
one of any other promotional offer that may be in effect at any
time. This and any other program may be discontinued without
notice. Any Call Center or VoIP account will be subject to a setup
fee. Halloo Communications, Inc. reserves the right to deny this and
any other promotion to any customer without explanation.
WebCall Promo
Halloo WebCall Promo plans are available for prospective Halloo
subscribers to try our Services. This promo plan is not to be
abused. Halloo reserves the right to deny service to anyone Halloo
deems is attempting to abuse its promotional plans and pricing
offers. The WebCall promo includes 60 minutes of Live Talk time per
month. Minutes do not roll over from month-to-month, and Halloo does
not issue credits or refunds for unused service or minutes.
If you exceed the number of included minutes with a WebCall promo
plan you will still be able to receive voice mail messages and
notifications, up to the 10 cumulative minute audio storage
limit. Your account minutes for Live Talk time will be restored at the
next billing date. If you desire more minutes, or the ability to use
Live Talk without disruption than you must upgrade to a WebCall Live
account.
WebCall Promo trial terms:
- Any customer and company is limited to one WebCall promo
trial. This and any other program may be discontinued without
notice. Halloo Communications, Inc. reserves the right to deny this
and any other promotion to any customer without explanation and to
discontinue this and any other promotion without notice.
- In order to access certain Services, you may be required to
provide information about yourself (such as identification or contact
details) as part of the registration process for the Service, or as
part of your continued use of the Services. You agree that any
registration information you give to Halloo will always be accurate,
correct and up to date.
- Halloo provides all account updates to you in electronic
form. Halloo may provide such information to you via email at the
email address you are using in conjunction with the Services at any
time as well as any email address associated with payment information
provided for the Services. As long as you access and use the Services,
you will have the necessary software and hardware to receive such
notices. You hereby waive any rights or requirements under any laws or
regulations in any jurisdiction which require an original
(non-electronic) signature of delivery or retention of non-electronic
records, to the extent permitted under applicable mandatory law. If
you do not consent to receive any notices electronically, you must
discontinue your use of the Services.
- Halloo may insert advertising depending on current program
policies and your level of participation. The Service may provide, or
third parties may provide, links to other World Wide Web sites or
Internet resources. Your use of other sites or resources are governed
by terms on or related to such sites or resources. Use of such sites
or resources is at your own risk. Because Halloo has no control over
such sites and resources, you acknowledge and agree that Halloo is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that Halloo
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available on
or through any such site or resource.
Service Updates and Feature Releases
The Services that Halloo provides may be updated periodically,
sometimes without prior notification by Halloo. These updates are
designed to improve, enhance and further develop the Services and may
take the form of bug fixes, enhanced functions, new software modules
and completely new versions. You agree to receive such updates (and
permit Halloo to deliver these to you) as part of your use of the
Services. Halloo reserves the right to refuse support of or assist
with features or services that have been discontinued by
Halloo. Halloo will always in good faith notify of any major
discontinuations of Services or features included as part of the
Services.
Number Transfer on Service Termination
Halloo Communications may, solely at the Company’s
discretion, release the telephone number that was assigned to you and
used in connection with your service provisioned by Halloo
Communications to your new service provider, provided that (i) your
Halloo Communications account is completely current including all
charges, (ii) your account has been requested terminated, (iii) your
new service provider is able to accept the number, AND (iv) you
request the transfer promptly upon requesting termination of your
Halloo account.
General
- Halloo Communications may terminate any calling plan or service
upon failure to charge your credit card.
- Your Halloo account will remain in effect as long as you have met
the other conditions stated in this agreement and can only be
terminated by notification to Halloo Communications.
- If your Halloo account is refused by the Halloo Communications
Global Network as an invalid number, or used without authorization,
please immediately contact support@halloo.com.
- You acknowledge that Value Added Taxes may apply to calls made
through the use of the Halloo accounts and you will be responsible for
any Value Added Tax. You also acknowledge that you are responsible for
and shall pay any other applicable federal, state, municipal, local or
other governmental sales, use, excise, value-added, public utility or
other taxes, fees or charges now in force or enacted in the future,
that arise from or as a result of your subscription or use of or
payment for the Halloo Services.
- You agree that Halloo Communications may provide you with notices,
including those regarding changes to the Terms, by email, regular
mail, or postings on the Services.
- You understand that all information (such as data files, written
text, call routing settings, music, audio files from PBX or voicemail
messages) which you may have access to as part of, or through your use
of, the Services are the sole responsibility of the person from which
such configurations were made. Halloo is not responsible for any
damage or loss of business, or business opportunities caused by
configurations you make to your Halloo Services.
- The liability of Halloo Communications or any of its affiliated,
employees, agents or service providers arising from errors or
omissions in the provision of the services is limited to an amount
equal to the charge for any such services.
- Halloo Communications has no obligation to monitor the Service or
any user’s use thereof or retain the content of any user
session. However, Halloo Communications reserves the right at all
times to monitor, review, retain and/or disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request.
- You understand that Halloo Communications is limited in the depth
of customer support that can be provided to customers. Accordingly,
telephone-based customer service may not be provided. Halloo
Communications will provide email and other support resources on an
as-available basis. If you experience a problem with the service you
can report it by sending an email with a description of the problem
you are encountering to support@halloo.com.
- Halloo Communications reserves the right to terminate accounts
that remain inactive for over 180 days, or accounts which in the sole
judgment of Halloo Communications are used for purposes which are
illegal, or which Halloo Communications deems inappropriate or
detrimental to Halloo Communications.
- You acknowledge that the Service is intended for customary and
business use. The Service is not intended for dedicated
telecommunications services and in no case is the Service intended for
intensive auto-dialing, continuous, or extensive call forwarding, or
dedicated telemarketing. You understand that such inappropriate use of
the Service may result in immediate cancellation of your account by
Halloo Communications without any penalty or liability of any kind to
Halloo Communications, and that you will not be entitled to any refund
in case your account is cancelled thereby.
- If any court of law, having the jurisdiction to decide on this
matter, rules that any provision of these Terms is invalid, then that
provision will be removed from the Terms without affecting the rest of
the Terms. The remaining provisions of the Terms will continue to be
valid and enforceable.
- You agree that if Halloo does not exercise or enforce any legal
right or remedy which is contained in the Terms (or which Halloo has
the benefit of under any applicable law), this will not be taken to be
a formal waiver of Halloo’s rights and that those rights or
remedies will still be available to Halloo.
Spam Policy
As a condition of your use of the Service, you warrant to Halloo
Communications that you will not use the Service for any purpose that
is unlawful or prohibited by these terms, conditions, and notices. You
agree to abide by all applicable local, state, national and
international laws and regulations and are solely responsible for all
acts or omissions that occur under your account or password, including
the content of your transmissions through the Service. By way of
example, and not as a limitation, you agree not to:
- Use the Service in connection with contests, pyramid schemes,
surveys, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
- Publish, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful material or
information, advertise or offer to sell or buy any goods or services
for any non-personal purpose.
- Harvest or otherwise collect information about others, including
email addresses, without their consent, create a false identity for
the purpose of misleading others as to the identity of the sender or
the origin of a message.
- Use, download or otherwise copy, or provide (whether or not for a
fee) to a person or entity that is not a Service member any directory
of the Service members or other user or usage information or any
portion thereof other than in the context of your use of the Service
as permitted under the TOS.
- Transmit or upload any material that contains viruses, Trojan
horses, worms, time bombs, cancelbots, or any other harmful or
deleterious programs.
- Transmit or upload any material that contains software or other
material protected by intellectual property laws, rights of privacy or
publicity or any other applicable law unless you own or control the
rights thereto or have received all necessary consents.
- Interfere with or disrupt networks connected to the Service or
violate the regulations, policies or procedures of such networks.
- Attempt to gain unauthorized access to the Service, other
accounts, computer systems or networks connected to the Service,
through password mining or any other means.
- Violate any applicable laws or regulations including, without
limitation, laws regarding the transmission of technical data or
software exported from the United States through the service
- Interfere with another member’s use and enjoyment of the
Service or another individual’s or entity’s use and
enjoyment of similar services.
Limitation of Liability
UNDER NO CIRCUMSTANCES IS HALLOO COMMUNICATIONS LIABLE FOR ANY OF
THE FOLLOWING: 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES; 2) LOSS
OF, OR DAMAGE TO, YOUR RECORDS OR DATA, OR 3) SPECIAL, INCIDENTAL, OR
DIRECT DAMAGES OR ANY ECONOMIC CONSEQUENTIAL DAMAGES, LOST PROFITS OR
LOST SAVINGS, EVEN IF HALLOO COMMUNICATIONS OR ITS SUPPLIERS ARE
INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION MAY NOT APPLY TO YOU.
Governing Law
Both you and Halloo Communications consent to the application of
the laws of San Mateo County, California, and the State of California,
to govern, interpret, and enforce all of your and Halloo
Communications’ rights, duties, and obligations arising from or
relating in any matter to, the subject matter of this agreement,
without regard to the conflict of law principals. Some jurisdictions
do not allow this limitation so this may not apply to you.
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