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 in cases where a written contract replaces the terms.

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

1. 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 Your Halloo account must not be used after your Halloo account or your charge or credit card has expired or has been withdrawn, revoked, or terminated.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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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 $1.00 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.
12. 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.
13. 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.

1. 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.
2. 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
3. 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.
4. 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.
5. 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.
6. 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).
7. 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

30 Day No Risk Trial

We’re so confident about the quality of our service and equipment; we offer a no risk 30-day trial of any one of our services with a monthly fee to each new customer. The trial includes 30 minutes of use if it is a starter account and 100 minutes of use for all other accounts. Should you be unhappy with the quality of the Halloo service, you can simply cancel the service. If you use fewer than 30 domestic calling minutes for a starter account or fewer than 100 domestic calling minutes for any other account, 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 for a starter account or under 100 minutes for any other account to qualify for the 1st months plan refund. The terms are simple:

30- 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 30 day trial return plan you must send an email with notice of cancellation to support@halloo.com within 30 days of service activation.
• Once the 30 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 fewer than 30 minutes for a starter account or fewer than 100 minutes for any other account.
• Any customer and company is limited to one 30- 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 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.