Terms and Conditions of Service
Everywhere Team (“Company”) hereby agrees to provide various Services to Client pursuant to the Terms and Conditions set forth herein and in the Service Agreement.
This agreement shall be for a term of at least 30 days or the term listed on the application for service and shall automatically renew unless 30 days prior written notice has been given to the other party; however, if either party is in material default of this agreement, the other party may cancel this agreement pursuant to the terms below.
Regular service shall initiate within the next business day of completing the sign-up form, or on the specified service start date. On or before the first of the month immediately following Initiation Date, and on or before the first of every month thereafter, Client shall pay to Company the Monthly Charge. In addition to the Monthly Charge, Overage Charges for exceeding plan minutes and Late Fees (“Variable Charges”) may be assessed pursuant to the Service Agreement. All charges are shown in United States dollars. All payments must be received by Company no later than 30 days after Due Date. The Due Date for the Monthly Charge is the first of the month for which service is provided. The Due Date for the Variable Charges is the first of the month immediately following the month for which service is provided. Client shall, at all times, maintain a valid Payment Method on file with Company. Client hereby authorizes Company to debit Client’s Payment Method to satisfy any and all amounts due Company. In the event Company does not receive full payment within 45 days of Due Date, Client will be considered to be in Material Default of this Agreement and Company shall have the right to immediately terminate service without waiving the right to collect any and all amounts then due plus all Late Fees that may accrue thereafter.
AUTOMATIC WITHDRAW OF MONTHLY CHARGES AUTHORIZATION
By accepting the terms and conditions online, I Authorize EveryWhere Team to initiate recurring payments from the bank account or credit card indicated on my account profile.
I understand that this authorization will remain in effect until I cancel it in writing, and I agree to notify Everywhere Team in writing of any changes in my account information or termination of this authorization at least 15 days prior to the next billing date. If the above noted payment dates fall on a weekend or holiday, I understand that the payments may be executed on the next business day. For ACH debits to my checking/savings account, I understand that because these are electronic transactions, these funds may be withdrawn from my account as soon as the above noted periodic transaction dates. In the case of an ACH Transaction being rejected for Non Sufficient Funds (NSF) I understand that Everywhere Team may at its discretion attempt to process the charge again within 30 days, and agree to an additional $25.00 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized recurring payment. In addition to the NSF charge the then current Non Monthly Recurring charge will be applied to that month that was NSF. I acknowledge that the origination of ACH transactions to my account must comply with the provisions of U.S. law. I certify that I am an authorized user of this credit card/bank account and will not dispute these scheduled transactions with my bank or credit card company; so long as the transactions correspond to the terms indicated in this authorization form.
Any payment(s) not received within 15 days of the Due Date, and every month thereafter, are subject to a Monthly Late Charge equal to $10 or 10% of the amount then due, subject to any restrictions imposed by local, state, or federal law.
Company will use reasonable care to maintain the confidentiality of Client confidential information provided to Company in the course of providing the Telecommunication Services. Company will not disclose or use such confidential information, except as authorized by Client or otherwise compelled by law. Client’s confidential information shall not include any information in the public domain through no fault of Company, or information received from a third party having the right to transfer such information.
Company makes no representations or warranties, express or implied, of any kind to Client or third party regarding Company’s services. Company shall use reasonable efforts to provide the agreed upon services however, in no event, shall Company be liable to Client, or any third party, for any claims for loss or damages as a result of any action or inaction by Company.
You acknowledge and agree that Company has not made, and does not make, any warranty or guarantee with respect to the Service or Applications, whether express or implied, and that the Service is offered to you “AS IS” and “AS AVAILABLE.”
You acknowledge and agree that Company cannot and does not guarantee (i) that the Service will be available at all times, (ii) that voice mail, notifications or e-mail messages or other services will be delivered or received within a particular time, or will be transmitted accurately, or (iii) that voice mail, notifications or e-mail messages will be stored for any particular time. You acknowledge and agree that Company cannot and does not guarantee (i) the successful connection of phone calls that terminate at a service provided by an individual or entity other than Company.
The Company Mobile Application can be configured to make calls using Your voice connection from Your mobile service provider; this may result in additional voice minute usage fees from Your mobile service provider.
From time to time, you have the option to participate in a program with Company where you get to use Alpha or Beta services, products or features (“Beta Functionalities”) offered by Company. These Beta Functionalities are not generally available and may contain bugs, errors, defects or harmful components. Accordingly, Company provides the Beta Functionality to the Client “As Is.” We make no warranties of any kind, express or implied with respect to the Beta Functionalities and does not warrant that the Beta Functionalities will be error-free or that they will meet any service level, or will operate without interruptions or downtime.
Any telephone number ported to Company shall remain the property of the Client. Company will allow the Client to port away the telephone numbers, so long as the Client has an account in good standing and, for numbers assigned to the Client by Company, the Client has been assigned the number more than twenty one (21) days prior to the port-away date.
These Terms and Conditions and the Company Service Agreement set forth the entire Agreement between the parties. This Agreement shall be binding upon all successors and assigns of the parties hereto. These Terms and Conditions may only be modified in writing, signed by an authorized representative of Company.
We reserve the right to terminate or otherwise suspend your account if you or your callers are abusive, disrespectful, or otherwise inappropriate to our receptionists or service providers.
We reserve the right to not respond to requests, or terminate your account, if: (i) we suspect that a request constitutes or otherwise relates to fraudulent or otherwise illegal activity; (ii) we suspect that the request relates to a sexual or otherwise potentially illicit encounter; or (iii) you harass, or otherwise make inappropriate comments or suggestions to our staff or personnel.
The laws and jurisdiction of the state of Michigan shall govern any and all matters of dispute between Everywhere Team and Client. Any dispute arising from these Terms and Conditions shall be resolved in the state or federal courts located in Macomb County, Michigan, and the parties irrevocably consent to jurisdiction in such courts.