Terms & Conditions
Please read these terms and conditions of use carefully. These terms and conditions may have changed since your last visit to this website. Our terms are designed to encourage better service and compliance with anti-spam regulations. By using RoboCallz, you are agreeing to the following terms and conditions, and, as such, we recommend familiarizing yourself with them.
Conditions of Service
DESCRIPTION OF SERVICE
RoboCallz provides individuals, businesses and organizations worldwide with a service to create, maintain and send communications with tools such as ("SMS Broadcast") and ("VOICE Broadcast"). Each of these tools may be subject to a separate set of rules or guidelines in addition to those mentioned in this Agreement. Any rules or guidelines posted on RoboCallz or within the application form part of this agreement.
You unconditionally agree to the following terms (which may be occasionally updated or changed without notice to you):
- You agree to provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data").
- You agree one and only one account when using our service, unless authorized by a company representative. This helps RoboCallz cut down on abusive accounts and eliminate multiple points of contacts for the same company.
- You agree that you will not link to or upload any webpage or file which attempts to interfere with, steal information from, damage, provides you or a third-party to gain unauthorized access to, or render inoperable any computer system.
- You agree to comply with all applicable laws, statutes, and regulations relevant to the marketing method you are using and the Region(s), State(s), Province(s), and Nation(s) you are marketing to.
- You acknowledge and agree that campaign results will be stored on RoboCallz servers for no more than 90 Days, after which results may be subject to archiving or deletion.
- You acknowledge and agree that not all messages sent through use of RoboCallz will be received by their intended recipients.
- You agree that no unsolicited messages will be sent using RoboCallz.
- You agree not to upload or use third party dialing lists including, but not limited to, rented lists, purchased lists, or lists not collected using permission-based methods.
- You agree to use RoboCallz's broadcasting tools only to send messages to users who have given their express consent to receive messages from you.
- You agree that you are the sole or designated "sender" (as per terms of the CAN-SPAM 2003 Act) when using RoboCallz.
- You agree that the sender information provided shall reflect the true identity of the sender and shall not contain any deceptive or misleading information.
- You agree that every email message sent by you, must contain the RoboCallz "unsubscribe" link that allows the recipient to be removed from your list or lists.
- You will not operate an account on behalf of, in connection with or resell any service to individuals and/or firms listed in the Spamhaus ‘Register of Known Spam Operations` (ROSKO) database at http://www.spamhaus.org. If this occurs it will result in account termination and a fine of $100,000 USD.
- Suppression abuse will not be tolerated. Any misuse of an individual unsubscribe list, RoboCallz's internal suppression list, or any other suppression file through the RoboCallz Service will result in account termination and a fine of $100 per message sent to users on any suppression file.
FEES & PAYMENTS
You are solely responsible for all charges, fees, taxes arising out of any use of your account by you or anyone else using your account. RoboCallz reserves the right to modify any fees, provided notice is given either by email or through the website.
The following conditions apply:
Overages fees are determined as follows:
In any case, you will be unable to accrue overages of more than 2 times (2x) the total number of email credits or contacts included in your subscription.
- Once you have exceeded the free subscriber limit, you will be required to either purchase a subscription or pay-as-you-go credits to continue using the service.
Payment for RoboCallz services may be made with Credit Card, PayPal, Check, or wire transfer:
If you use a Credit Card to pay for use of RoboCallz.com, the following conditions apply:
- If you choose a monthly subscription option or "Plans-Per-Credit" you agree that your card will be billed once per month for the full subscription amount plus any additional charges accrued. These charges will be made on the date that occurs first: (a) 30 days from the previous calendar months charge, or (b) The last day of the month, if no subscription charge was made in that calendar month.
- If you choose to prepay for a period of time you may be entitled to a discounted rate determined at point of purchase. You agree that after the prepaid time has expired your account will be automatically subscribe to a monthly subscription as in section A) above.
- You may cancel your subscription at any time through the "Cancel Subscription" tab, when logged into the site. It can be found under the "My Account" page in the "Subscriptions" section. RoboCallz does not accept Subscription cancellations via any other method of contact. If prepaid time is remaining when the account is canceled it will expire as normal and can be used until the expiration date.
- You agree that if payment is not received from your card issuer (its agent,or affiliate) that you will pay all amounts due upon demand.
- You agree that RoboCallz.com is entitled to obtain your card details, store them, and use them to bill charges.
- You agree that each time you use the RoboCallz Service you reaffirm that RoboCallz is authorized to charge the credit card on file.
- You agree to promptly notify RoboCallz of any changes to (a) The account number or expiration date of your card, (b) The billing address for your card.
- You agree to promptly notify RoboCallz if your card is cancelled, lost, or stolen.
- You agree to provide RoboCallz with a completed "Credit Card Authorization Form" upon request. Failure to provide this form when requested may result in the termination of your account and the forfeiture of any pre-paid amounts.
- You agree not to apply for a chargeback to your credit card company.
If you choose to pay with Check, PayPal, or wire transfer the following conditions apply:
- You agree that no service may be rendered until payment is received and cleared.
- You agree that if choosing a plan available via subscription you will be invoiced for a minimum of 3 months of prepaid service. You may be entitled to a discounted rate for purchasing prepaid service.
- All fees for use of RoboCallz's Services are listed on this site and within the application. Your account will be charged based on these fees or a fee given to you by an authorized RoboCallz representative.
- All fees are billed in USD unless otherwise noted on the Site(s).
- RoboCallz offers a "best price promise" to ensure you are receiving the most competitive price available. If you are able to find a better price for comparable service to RoboCallz, please provide us with the information via email and we will honor the price provided. We reserve the right to decline a quote if we can`t verify the authenticity of the information provided. We also reserve the right to decline price matching for the use of our Fax Marketing or SMS marketing services.
- RoboCallz offers a risk free "30-Day Money-Back Guarantee" for the initial payment of email-based services on all new accounts for first-time users only. This offer is limited to accounts which have used the email, link tracking, survey, event and autoresponder services only, and does not apply to any other channel unless specified herein. You are considered to have used a service once a campaign of any size has been initiated with it. Existing customers are not eligible for this promotion. This offer is not valid for accounts which have been investigated or terminated for non compliance.
Additional Fees may be accrued by requesting Premium services, Account upgrades, or Early Renewals. Additional fees will be billed as follows
- Fees for Premium Services will be invoiced separately and billed to the credit card on file. In the event there is no card on file we will accept payment for Premium Services by PayPal or by Check.
- Account upgrades or Early Renewals processed through the application will be billed immediately to the card on file for the full amount of the package plus any overages (as detailed below). Any unused credit will be carried forward when the account is upgraded or renewed early.
Overages fees may be accrued on any account that is currently
- On a monthly subscription package.
- On a pre-paid subscription and has a valid card on file.
- If your account is subscribed to a Credit based plan, overages will be billed at an additional rate of 25% per message, based on your current subscription. The calculation for this is (Monthly cost of your subscription / Email Credits provided by your subscription) X 1.25. The total amount billed will be based on the total number of additional credits used by your account over your subscription limit.
- If your account is subscribed to a Contact"based plan, overages will be billed at an additional rate of 25% per message, based on your current subscription. The calculation for this is (Monthly cost of your subscription / Contact Limit provided by your subscription) X 1.25. The total amount billed will be based on the number of additional contacts stored in your account over your subscription limit.
- All amounts received by RoboCallz (Whether Subscription, Prepayment or otherwise) are COMPLETLY NON-REFUNDABLE. The "30-Day Money-Back Guarantee" is the only exception to this rule.
- You agree that RoboCallz may block access to your account after 3 failed attempts to collect automatically billed subscriptions. Access to the account will be granted when all due amounts are paid in full.
- You acknowledge and agree that you are responsible for paying Fees for all messages sent through RoboCallz, regardless of whether delivery of such messages to their intended recipients is prevented or blocked by any third party.
USER ACCOUNT, PASSWORD, AND SECURITY
Upon the creation of an account with RoboCallz you will choose a username and password. You will receive confirmation of your REGISTRATION upon completing the Service's account creation process. You are responsible for maintaining the confidentiality of the password for your Account, and are fully responsible for all activities that occur under your password or Account. You agree to notify RoboCallz of any unauthorized use of your password or Account or any other breach of security. You agree to ensure that you exit or log out from your Account at the end of each session.
OWNERSHIP, COPYRIGHT & TRADEMARK
RoboCallz does not claim ownership of Content you submit or make available for inclusion on the Service. This also means RoboCallz claims no responsibility for any content (any information, including audio, video, text, email, or any material) that you upload, post, email, transmit or otherwise make available via the Service. You are wholly responsible for any content associated or transmitted with your account. RoboCallz respects the intellectual property of others, and we ask our users to do the same. RoboCallz is a registered trademark. Any reproduction of the RoboCallz trade mark without the explicit permission of RoboCallz is strictly prohibited.
MONITORING AND REPORTING
- You agree that any message you schedule may be held for review for any length of time while RoboCallz determines if it is acceptable for transmission through the Service.
- You agree that RoboCallz reserves the right to decline the transmission of any broadcast or message with or without cause and with or without notice to you.
- You acknowledge that RoboCallz reserves the right to monitor, edit, and remove any content uploaded to the site(s) or Service
- We reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators or other third parties. We also reserve the right to access and disclose any information relating to your use of our Site, our Software, or our Services, if we feel, in our sole discretion, that accessing or disclosing such information is necessary or appropriate in order to comply with any governmental request, to protect our reputation, or to protect ourselves against potential liability.
TERMINATION OF THIS AGREEMENT
- Either you or RoboCallz may terminate your account at any time with or without cause, upon notice. Any notice by you to RoboCallz must be done through the RoboCallz Cancel Subscription tab under the My Account page when logged into your account. You agree that when you choose to terminate your account, a RoboCallz representative may contact you to ascertain a cause.
- Termination for non payment: RoboCallz may terminate your account without notice if your credit card provider attempts to seek the return of payments previously made to RoboCallz, or upon the rejection of any credit card charges.
- Termination of trial accounts: RoboCallz may terminate your trial account at any time with or without cause, and with or without notice to you.
- Termination for Violation of Conditions of Service: RoboCallz may terminate your account at any time if we believe you have failed to comply with these terms of service.
- Termination for any cause will result in the forfeiture of all pre-paid fees.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
MODIFICATIONS TO SERVICE
RoboCallz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that RoboCallz shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION OF SERVICE
RoboCallz reserves the right to terminate your service at any time, as a result of those actions deemed inconsistent with the spirit or nature of the Conditions of Service. This includes the forfeiture of any pre-paid services. RoboCallz shall have no liability to you or any third party because of such termination or action.
You hereby agree to defend, indemnify, and hold harmless RoboCallz and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation, costs and reasonable attorneys' fees) in connection with any claim or action that (a) arises from any alleged breach of this Agreement, (b) arises from the content or effects of any messages you distribute using RoboCallz or (c) arises from your activities or postings on the RoboCallz blog or affiliate sites, (d) otherwise arises from or relates to your use of RoboCallz. In addition, you acknowledge and agree that RoboCallz has the right to seek damages when you use RoboCallz for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, and/or consequential damages.
YOU AGREE THAT THIS AGREEMENT, AND YOUR USE OF RoboCallz.COM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF RoboCallz RESIDES IN THE CITY OF PHILADELPHIA, PA.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RoboCallz EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) RoboCallz MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RoboCallz OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.