Terms of Service
This page describes the Terms of Service for www.quicksmsreminder.com
Services are made effective as of date of service enrollment and engagement, by and between client – herein “Service Receiver”, and QuickSMSReminder.Com (“QuickSMSReminder.Com”) an Internet Domain, Website, and Business – herein “Service Provider”.
1. DESCRIPTION OF SERVICES. Beginning on Start Date of Service Enrollment, Service Provider will provide Service Receiver, to the following services (collectively, the “Services“):
Automated Text and/or Voice Messaging Services to Clients
2. PAYMENT. Payment shall be made to Service Provider, you as the Service Receiver agrees to pay the installment fees as follows:
|Monthly, Quarterly, Bi-Annual, or Annually Based on The Services Schedule You Selected Upon Enrollment and Recorded by PayPal.Com|
There are discounts that can be applied to each Service Receiver’s account if payments are made in the following durations : 5% for Quarterly, 10% for Bi-Annual, 15% for Annual Payments – Discounts are credited when entire payment is made in advance. No cancelations or refunds will be permitted on multi-month plans after beginning of service for any reason.
Service Receiver shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if Service Receiver fails to pay for the Services when due, Service Provider has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
Refunds will only be provided within 5 days of initial contract with us, provided the refund request is in writing to firstname.lastname@example.org. If you wish to cancel your subscription at the time of renewal, it must be through an email to email@example.com at a minimum of 5 days before your renewal billing date. Otherwise, your credit card will be billed on your service anniversary date at the rate which you initially signed up for. Once a monthly charge has been applied to Service Receiver’s card, it is at the discretion of Service Provider if a refund will be provided. If Service Provider agrees to provide a refund, then a 20% fee will apply to said cancelation to cover Service Provider’s costs of cancelation. If there is ever a rate increase, you will be given a notice in an email in which you will be provided a period of 2 weeks in which to cancel your service if you wish to do so. *NOTE – Your billing date is monthly, quarterly, bi-annually or annually from the date you originally initiated service with us.
3. TERM. This Contract may be terminated by either party upon 5 days prior written notice to the other party. However, monthly charges will not be prorated in a refund. An email notice by one party will suffice for term cancelation.
4. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Service Provider in connection with the Services will be the exclusive property of Service Provider.
5. CONFIDENTIALITY. Service Provider, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Service Provider, or divulge, disclose, or communicate in any manner, any information that is proprietary to Service Receiver. Service Provider and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Any written waiver by Service Receiver of these confidentiality obligations which allows Service Provider to disclose Service Receiver’s confidential information, such as email addresses, or contact information to a third party will be allowable as permitted by waiver and the law in the State of Florida.
6. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
|a.||The failure to make a required payment when due.|
|b.||The insolvency or bankruptcy of either party.|
|c.||The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.|
|d.||The failure to make available or deliver the Services in the time and manner provided for in this Contract.|
7. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 5 business days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
8. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
9. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
10. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
11. AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.
12. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of Florida.
13. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered via email to firstname.lastname@example.org or to Service Receiver’s email address provided upon enrollment of service. If Service Receiver’s email should change at any point in time, it is their responsibility to update the information with Service Provider in writing.
14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
15. ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
By signing up, paying for and engaging in service with QuickSmsReminder.com I, the Service Receiver, understand & agree to the terms of service above in this legal document.