FOR RECORDIAPRO.COM PHONE SERVICE This Customer Service Agreement (the "Agreement") sets forth all the terms and conditions that govern your use of the services offered by or through RecordiaPro.com, whether you access them via a mobile application or through RecordiaPro.com (the “Website”).
Online Acceptance: Your online acceptance of this Agreement will have the same legal effect as if you were providing a handwritten signature of acceptance.
TERMS AND CONDITIONS
1. Services Provided RecordiaPro.com offers you, among other things, the ability to make local toll, domestic long distance, and international telephone calls by using either a telephone or a computer. In addition, it offers call recording and Caller ID Spoofing capability on voice calls and, for some accounts, the use a Virtual Number to receive incoming phone calls. These services are provided on a pre-paid basis and you are not required to change your current telephone service provider(s) in order to use the services. A complete list of RecordiaPro.com services can be found at www.RecordiaPro.com (the “Website”). RecordiaPro.com is not responsible for reimbursement for calls made with another service while RecordiaPro.com is temporarily unavailable.
2. Acceptable Conduct You agree to use the RecordiaPro.com services only for purposes that are lawful in the jurisdictions where you are calling from and calling to. You shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In particular, depending on the state or country in which you are located or the person you are calling is located, you may violate a country’s or a state’s law by listening in on or recording a telephone conversation without informing the other parties that you are doing so. You may not use the recording capability of RecordiaPro.com unless you have determined that your use is legal. Before recording any call, you should check the laws of your state and the laws of any state in which a person you are calling is located in order to determine if you need the other party's permission to record a call. Even if your state only requires the permission of one party, you may make calls to or receive calls from people located in states that require the permission of both parties to record a call. If you record such a call without the knowledge and permission of the other person, you may be subject to criminal prosecution in the other state. In addition, it is a violation of U.S. law to, and you shall not, use the caller ID spoofing feature in connection with telemarketing or debt-collection calls. If RecordiaPro.com concludes that you are spoofing a number to affect the results of a survey or contest conducted by a third party, its network equipment may complete the call after changing the number you have chosen to spoof, and RecordiaPro.com may provide the third party with notice that the call has been spoofed (but not, except pursuant to subpoena or other legal process, the actual calling number or any personal information about you). RecordiaPro.com reserves the right to immediately, and without notice, terminate or discontinue your Account and PIN in the event it determines in its sole discretion that you have committed fraud or violated any applicable law or regulation or any term or condition of this Agreement. In order to combat harassing or illegal conduct, including fraud and unauthorized access to voicemail, RecordiaPro.com may monitor or record customers' calls, review customers' recordings stored on its servers, and provide call detail records or recordings to law enforcement agencies.
3. Opening an Account In order to become a RecordiaPro.com customer, you must complete an application form on the Website, provide a valid credit card number and select a non-refundable, preset dollar value of service you wish to purchase. As part of the application, you will provide RecordiaPro.com with a unique phone number and personal PIN. RecordiaPro.com will then send you an electronic notification (in the form of an e-mail message) confirming that you have become a RecordiaPro.com customer and the value of service you purchased for your RecordiaPro.com account ("Account").
4. PINs/[Passwords/Personal Identification Numbers YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PIN AND PASSWORD, AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR ACCOUNT USING YOUR PASSWORD OR PIN WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. If you believe that your Account, PIN or Password are being used in an unauthorized manner, you agree to contact RecordiaPro.com within one calendar day so that appropriate action can be taken to modify your Account. Please be aware that account information will be sent to the email address that you have provided to RecordiaPro.com. Therefore, you should use a secure email address. RecordiaPro.com is not responsible for the actions of any person that accesses that email account. Please note that you are responsible for any and all charges to your account and RecordiaPro.com cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card, password or PIN.
5. Access Numbers To access RecordiaPro.com's services in the United States to record outbound calls, you must dial a local access number. If you have not set up PINless dialing, then after dialing an access number you must enter your PIN and then the destination telephone number. In other countries, there may be a charge to call the local access number. Before you use any local access number, check with your local telephone service provider to ensure that no toll charges are associated with calls to that local access number. RecordiaPro.com will not reimburse you for any extra charges assessed by your local phone company as a result of dialing one of RecordiaPro.com's access numbers.
6. Payment RECORDIAPRO.COM'S SERVICES ARE PROVIDED ON A PREPAID BASIS. As you use RecordiaPro.com's prepaid services, your Account will be debited accordingly. No prepaid services will be provided if your Account does not have a sufficient balance to cover the cost of the service RecordiaPro.com does not issue refunds for billed services. RecordiaPro.com is not responsible for overdrafts, over-limit, or any other situation relating to a customer's bank or credit card account balance.
7. Recharging Prepaid Account In the event you want to use services whose cost exceeds the remaining balance in your prepaid Account, you may access the Website and recharge (or supplement) your Account by purchasing additional service in non-refundable, preset dollar values. You also have the option at sign-up and in the control panel to set your Account to “auto-refill.” If you select this feature, when your Account reaches a set balance, the system will automatically charge your credit card with the amount selected and replenish your RecordiaPro Account. Virtual Numbers and Extended Storage plans are offered in subscriptions of one (1) year pre-paid plans and renew automatically for successive terms of the same length without further action or notice to you unless you turn off renewals in the Account Manager prior to the end of the current term.
8. Virtual Number Ownership: You understand and agree that RecordiaPro issues temporary phone numbers (Virtual Number) for limited time use. As such, you understand and agree that you are not the owner of any toll-free, local telephone number or any other number assigned to you, and further, you understand and agree that you may not port any such assigned number from the RecordiaPro to another service provider. Certain telephone numbers may not be available for assignment but get issued to you in error. All assigned numbers are provided “as is” and RecordiaPro makes no warranty, representation or guarantee that any assigned number will be usable or “clean” when assigned or anytime thereafter, and you understand and agree that RecordiaPro may from time to time at its sole discretion change the telephone number assigned to you. RecordiaPro will not be liable for any damages (including without limitation consequential or special damages) arising out of any such reassignment or change of a telephone number.
9. Number Availability: RecordiaPro cannot guarantee that any specifically requested telephone numbers or area codes will be available or remain available. RecordiaPro will not be liable for reimbursement for any expenses or any other damages you incur related to the assignment of a specific telephone number, including but not limited to business cards, stationery, event bookings, press releases or any other post or advertisement under any conditions, or for any other alleged damages, including without limitation consequential or special damages arising from any alleged failure to provide you with a specific telephone number or if your assigned number becomes unavailable or must be reassigned for any reason at any time.
10. PrePaid Rates RecordiaPro.com's rates for prepaid services are listed on its Website and are incorporated by reference herein. You are responsible for checking all applicable rates/promotions before making or receiving any call or using RecordiaPro.com's services. RecordiaPro.com reserves the right, at its sole discretion, to modify its rates at any time and/or to offer special promotions. RecordiaPro.com's prepaid rate structure is found in the ”Sign Up” section of the Website. You will be charged at the regular rate for any calls you receive through the voice callback service. In addition, though it is not the intent of RecordiaPro.com to raise its rates at any point in the future, should market conditions or factors outside of RecordiaPro.com's control cause its costs or wholesale rates to some or all destinations to go up, RecordiaPro.com reserves the right to adjust its rates accordingly.
11. Surcharges If you do not use the RecordiaPro service for 30 consecutive days, it will be considered inactive, and RecordiaPro.com reserves the right to deduct up to 10 credits per month from inactive accounts in order to cover administrative costs.
12. Features We may from time to time introduce new features to a Service or modify or delete existing features in our sole discretion. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the terms of this Agreement or any Service-specific rules concerning those features.
13. Email Notification You are responsible for maintaining a current email address and for reading email from RecordiaPro.com so that we can notify you of updates to RecordiaPro.com's service and any customer account information.
14. Billing Increments Charges for telephone calls are measured in whole minutes. All fractions of a minute are rounded up to the next whole minute (e.g., a call which lasts 25 seconds will be charged for one minute). Timing on calls begins when your call is connected. Timing terminates when RecordiaPro.com's network receives an "on hook" signal from the terminating carrier. RecordiaPro.com will not, and is not obligated to, provide refunds for any calls made using its service
15. Billing Disputes You must notify RecordiaPro.com by e-mail of any disputed charges within thirty (30) days of the charge being posted to your Account. RecordiaPro.com will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent RecordiaPro.com determines, at its sole discretion, that a billing adjustment is warranted, your Account will be credited accordingly. If you fail to notify RecordiaPro.com of a billing dispute as noted above, you will waive all rights to bring any claim regarding the disputed charges.
16. Ownership of Account RecordiaPro.com recognizes the person whose name is listed on the Account as the sole owner of the Account, even where payment on the Account is made using the credit card or PayPal account of a parent or other person.
17. Account Expiration and Cancellation Your Account End Date and Account expiration will be set to one (1) year after the most recent Pre-paid minute, Global Wallet, Virtual Number or Extended Storage purchase. Upon expiration, we will shut down access to your Account, call recordings are subject to removal from RecordiaPro.com, and pre-paid minutes and global wallet fund balances will be brought to 0. You will not be entitled to any refund of the unused balance in your Account. Your account may be cancelled by you at any time or by RecordiaPro.com if there has been no usage on the account for at least four months, with the exception of an Account that signed up for Extended Storage. You will not be entitled to any refund of the unused balance in your Account if you discontinue service or if we cancel the account due to inactivity. All Accounts are subject to a 35 minute usage minimum per month starting in the second month after purchase. If your Account does not meet this minimum usage, then minutes are subject to be deducted to reach the minimum.
18. Termination RecordiaPro.com reserves the right, at its sole discretion and for any reason, to (a) terminate this Agreement and your access to its services, upon one (1) day’s electronic notice and/or (b) to refuse to allow you to recharge your Account. If fraud is suspected, RecordiaPro.com has the right to put an Account immediately on hold until further investigation takes place.
19. Government Taxes RecordiaPro.com reserves the right to pass any new government taxes, fees or surcharges on to customers by changing its rates.
20. Limitation of Liability RECORDIAPRO.COM SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM. RECORDIAPRO.COM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF RECORDIAPRO.COM HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RECORDIAPRO.COM IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF OR YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICE THROUGH TOLL OR LOCAL ACCESS NUMBERS. RECORDIAPRO.COM IS NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. RECORDIAPRO.COM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS. RECORDIAPRO.COM ALSO SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE RECORDIAPRO SERVICES IN ANY COUNTRY.
21. No Warranties RECORDIAPRO.COM DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PUPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT. RECORDIAPRO.COM ALSO SPECIFICALLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE LEGALITY OF THE USE OF ANY OF THE RECORDIAPRO SERVICES IN ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA.
22. Force Majeure RecordiaPro.com shall not be liable for its failure to perform any of its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of RecordiaPro.com.
23. Indemnity You agree to indemnify, defend and hold RecordiaPro.com, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website, harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorney's fees, which are the result of, or are in any way related to, your use of the WebSite or RecordiaPro.com's services, or your transactions or communications with third party vendors initiated via the Website or the Service.
24. Arbitration All disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this agreement shall be submitted for final and binding resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New York, New York. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys' fees of the prevailing party shall be assessed against the party against whom the award is rendered.
25. Consent to Communications By entering into this agreement, you consent to the receipt of electronic mail ("e-mail"), text messages and customer service phone communication from RecordiaPro.com. In addition to sending you e-mail notifications as provided for above, RecordiaPro.com may also send you communications about services and products we believe may be of interest to you. You may opt out of future e-mails and text messages about products or services by contacting us by e-mail at Supportstaff@RecordiaPro.com. RecordiaPro.com reserves the right, however, to continue to contact you regarding important information relating to your account, or this agreement.
26. Modifications/Amendments This agreement may be modified or amended by RecordiaPro.com at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website under "Terms and Conditions." Furthermore, you will be asked to verify acceptance of these terms when you sign up and recharge your account. YOUR CONTINUED USE OF YOUR ACCOUNT AFTER RECEIVING THE NOTICE WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE OF ANY SUCH MODIFICATIONS.
27. Trademarks All corporate names, service marks, logos, trade names, trademarks, websites and domain names of RecordiaPro.com (collectively "Marks"), including but not limited to "RecordiaPro.com" are and shall remain the exclusive property of RecordiaPro.com and nothing in this agreement shall grant you the license to use such Marks without the express written permission of RecordiaPro.com. RecordiaPro.com retains ownership and all rights to the RecordiaPro.com name, logo, software, databases, reports, web site, and information. RecordiaPro.com reserves the right to restrict the use of its name, system, logo, software, lists, databases, reports, and any information created or obtained by RecordiaPro.com. However, each individual user has the right to use the RecordiaPro name on their site to further promote the RecordiaPro.com service to the Internet community at large if they so wish.
28. Severability If any provision of this agreement is held to be invalid, illegal or unenforceable, the remaining provisions will of this agreement will continue in full force and effect.
29. Integration This agreement, together with any written amendments or modifications, constitutes the entire agreement between you and RecordiaPro.com with respect to the services provided hereunder. It supersedes and replaces all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and RecordiaPro.com.
30. Governing Law This agreement, and all modifications/amendments thereto, shall be governed by the law of the State of New Jersey, U.S.A., without giving effect to its conflicts of laws principles.
31. Disclaimer The materials contained on this web site are provided for general information and entertainment purposes only and do not constitute any form of advice. RecordiaPro.com assumes no responsibility for the accuracy of any particular statement and accepts no liability for any loss or damage which may arise from reliance on the information contained on this site. Links to other web sites may at times be provided for your enjoyment, but RecordiaPro.com accepts no responsibility or liability for access to or the material on any web site which is linked from or to this web site. By providing links to other sites, RecordiaPro.com does not guarantee, approve or endorse the information or products available at those sites, nor does a link indicate any association with or endorsement of the linked site by RecordiaPro.com.
32. Language All communications and notices to be made or given pursuant to this Agreement shall be in the English language.
33. Email Marketing Please note: When you sign up for an account at RecordiaPro, your email address is automatically entered into our newsletter database. The newsletter is generally sent out 2-3 times a year, and it offers coupon codes, sale items, feature products, and informative articles. Simply click on the unsubscribe button, found at the bottom of the newsletter, if you do not wish receive future newsletters. Email addresses are not sold or shared with other companies. They are used solely by RecordiaPro.