Terms & Conditions
AGREEMENT BETWEEN USER AND KALL8
By subscribing to and/or using Kall8 services, you (Customer) agree to the following terms and conditions:
Rates and Billing
Rates and fees for Kall8 services are available at the Kall8 web site and those rates and fees are fully incorporated herein. Service fees are in addition to usage fees and represent charges for on-line enhanced data services. (Read the FAQ’s and web site descriptions for other important information on the services.) The rates and charges may be changed at any time without notice and it is up to the Customer to check the listed rates for such changes. Kall8 may post notices of any rate changes on Customer’s invoices or on the account login page. Per minute rates shown are for one minute in U.S. dollars. All calls are billed in six-second increments with a 60-second minimum except International (non- U.S. and Canada) calls that are billed in one-minute increments. All call charges are rounded up to the nearest penny. It is customer's responsibility to make sure their ring-to numbers are working numbers with sufficient call capacity. If unanswered calls to any Kall8 number exceed 20% of Customer's usage for that Kall8 number, Kall8 will charge a $0.06 per uncompleted call surcharge for every unanswered call in excess of 20%. Calls that are blocked by the customer on the Kall8 interface will not be counted as unanswered calls - unanswered calls subject to this surcharge are only those calls that are busy, ring-no-answer or sent to a non-working number on the ring-to number. Customer is responsible for all calls made to the Kall8 toll free and/or local numbers including but not limited to wrong number, telemarketing and fraud calls. All charges for services will be debited to the credit card provided by Customer. Payment for non-credit card, non-EFT accounts is due as provided in the Kall8 Credit Application or 15 days after invoice whichever is sooner. If the credit card or other form of payment is denied, or if the account is otherwise past due, service may be disabled immediately and terminated if the payment is not made within five days of the due date or date upon which the credit card/EFT charge was attempted. Kall8 shall not be liable for any accounts suspended or terminated for non-payment. Numbers on past-due, suspended, or terminated accounts cannot be ported. Any dispute or billing discrepancy must be submitted in writing via an email to Kall8 within 60 days of Invoice. Customer agrees to pay interest at 18% per annum, or the maximum amount allowed by law, on overdue charges plus reasonable cost of collections, including legal fees. Processing charges may apply if a payment is declined ($10 per credit card decline, $20 per returned EFT and $25 per returned check). Service will be rendered subject to credit approval by Kall8. Customer’s application for service, via the Internet, by fax or mail or Customer’s use of Kall8 service attests to Customer’s agreement to pay invoices within the stated terms and conditions and Customer’s agreement with the terms and conditions herein.
Kall8 has no control over the content of the information transmitted through its accounts. Kall8 does not (i) represent or endorse the accuracy or reliability of any opinion, advice or statement made through a Kall8 account, (ii) assume any liability for any harassing, offensive or obscene material distributed or received through a Kall8 account, or (iii) assume any liability for any material distributed through a Kall8 account which is distributed in violation of any third party’s copyright or other intellectual property right.
Use of Service
The Services may not be used for unlawful purposes and Customer agrees to comply with all applicable laws, regulations, or conventions including but not limited those related to data privacy, international communications, exportation of technical or personal data, junk fax and Do Not Call regulations. Customer is expressly prohibited from using the Services to transmit any unlawful, harmful, threatening, harassing, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. Customer may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of such right by holder. Customer agrees not to use the service in any way that would interfere or impact Kall8’s network or service to other customers. Kall8 reserves the right to suspend and/or terminate accounts for excessive busy/failure rates, if Customer’s use of service adversely impacts Kall8’s network or other customers or if Customer uses the service for in any unlawful, fraudulent, or harassing manner. Further Kall8 reserves the right to terminate/suspend and/or refuse service to any Customer that Kall8 finds morally objectionable or abusive to Kall8's staff. Kall8 will not disclose customer information to 3rd parties unless it has a good faith belief that such disclosure is necessary to comply with Court Order, Search Warrant, FCC regulations, or other legal process served upon Kall8.
Kall8 will not be liable for any claim that arises out of its acting as a Responsible Organization, or where the Kall8 service is not available after Kall8’s acceptance of this order, or where Customer is provided with a number(s) other than one(s) committed by Kall8. It is the responsibility of the Customer to check the Kall8 number(s) to make sure they are assigned to the Customer's account, they route to the proper ring-to number(s), and are working before advertising such number(s). Under no circumstances shall Kall8 be responsible for consequential, indirect, direct, or special damages, (lost profits, marketing costs or otherwise) that result from interruptions of services, outages or inability to use services, lost recordings/voicemails/faxes and in any such event Kall8’s sole liability shall be to provide credit equal to the charges for the affected calls/services. The International numbers and local Kall8 numbers may not support Fax and data transmissions at all times.
LIMITATION OF LIABILITY
As a material inducement for Kall8 to provide the services hereunder, Customer agrees that UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KALL8 OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. In the event of Kall8’s failure to provide service or provision of unsatisfactory service, for any reason whatsoever, Kall8’s sole liability shall be to provide credit equal to the charges for the affected calls/services.
KALL8 MAKES NO EXPRESS OR IMPLIED WARRANTIES TO CUSTOMER AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE GOODS OR SERVICES PROVIDED. KALL8 EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
Toll-free numbers may be ported by Customer to another carrier subject to the charges set forth below. If Customer cancels a toll-free number or terminates service, the toll-free number may not be available to port if it has been released to the SMS pool or re-assigned to a new customer. It is Customer’s responsibility to port the toll-free number(s) prior to account cancellation. There are some vanity and premium numbers (marked on the website and upon sign-up) that are not portable and do not become the property of Customer. Most US Domestic numbers are portable the same as the toll-free numbers, however these numbers are provided by third party vendors and Kall8 does not have complete control over the provisioning, use and portability of such numbers. The International local and international toll-free numbers are not portable unless Customer has really good contacts with foreign Telecoms. There is no fee to port toll-free numbers to Kall8. Local numbers may, in most cases, be ported to Kall8 for $30 per number – this fee may be higher in some instances.
Customer shall defend, indemnify and hold harmless Kall8, its officers, directors, employees and agents from any breach of this Agreement, use of Customer’s account or in connection with the placement or transmission of any message, information, software or other content using the Services. Kall8 shall give written notice of any such claim, action or demand within a reasonable time. Kall8 shall be defended by attorneys of their choice at Customer’s expense.
The headings of the sections of this Agreement are inserted solely for convenience and are not intended to be part of, or affect the interpretation or meaning of this Agreement.
LAW AND ARBITRATION
This Agreement shall be governed by and construed in accordance with Washington State law. Any controversy or claim between the parties arising out of or related to this Agreement shall be settled by arbitration before a single arbitrator under the then current rules of the Washington Arbitration and Mediation Service (WHAMS). The arbitration shall be held in Seattle, Washington. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof. Provided however, Kall8 may, at its sole option, bring a collection suit for any unpaid amount owed by Customer, in court in any state that has personal jurisdiction over Customer (residence state or state where customer is doing business).
If any provision or portion of this Agreement shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of this Agreement that can be given effect without the invalid provision or portion, and, to this end, the provisions or portions hereof are severable.
The failure of either party at any time, or from time to time, to require performance of any obligation under this Agreement shall in no manner affect the right of either party to enforce any provision of this Agreement at a subsequent time and shall not be construed as a waiver of any subsequent breach of that same provision.
Customer may cancel service at any time. However there is a cancellation fee to port any Kall8 toll-free or local number that has been in service less than 12 months – this is a $199 per number early cancellation fee which will apply only if Customer requests to port a Kall8 number to another carrier within the initial 12-month term of service for that particular number unless such number belonged to the Customer prior to service with Kall8. (This fee is higher for certain shared vanity numbers as set forth on the Kall8 web site). There is no fee(s) if Customer does not request to port the number(s) or if Customer originally ported the number to Kall8.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO ANY SPECIFIC KALL8 SERVICE OR PRODUCT MAY BE FOUND ON THE WEB SITE AND ARE INCORPORATED HEREIN AS IF FULLY SET FORTH FOR THAT SERVICE OR PRODUCT.