(NOTE: 27 cent per min. rate billed in 6 second increments. (No rounding up) Note that the average incoming call nation wide in less than one min. in length. For every 100 calls you generate your average monthly phone charge will only be approximately $22) Lead Acquisition Technology, LLC Service Agreement Standard Terms and Conditions This Lead Acquisition Technology, LLC Service Agreement (“Agreement”) is entered into by and between Lead Acquisition Technology, LLC, (“Lead Acquisition Technology, LLC”, “We” or “Us”) and Client whose name and address is entered into the Account Order Form by internet online registration (“Client” or “You”). 1. Services: We will provide you with the Services as described in the Lead Acquisition Technology, LLC Account Order Form or as may be modified or improved from time to time by Lead Acquisition Technology, LLC at its reasonable discretion. 2. Payment: Service and billing begins the day the Service Agreement is signed. You will pay Lead Acquisition Technology, LLC the charges as may be applicable to your account and as billed to you by Lead Acquisition Technology, LLC. By opening an account with Lead Acquisition Technology, LLC, you authorized Lead Acquisition Technology, LLC to automatically charge, on a monthly basis, your credit card account which it has on file from this Account Order Form and you agree to pay those charges as billed whether the service is used or not. An invoice will not be generated to you unless you request it from Lead Acquisition Technology, LLC. If you have any questions about your charges, Lead Acquisition Technology, LLC will work with you in good faith to answer your questions or resolve any billing problems you may encounter. You agree to pay for the use of the services on your account even if such use was not authorized by you. You understand that Lead Acquisition Technology, LLC may suspend or terminate the services if payment is not made when due. If the Services are suspended or terminated for your non-payment, Lead Acquisition Technology, LLC may charge you a $100 re-instatement fee to resume the Services. 3. Charges: Your toll-free line is provided with your monthly fee; your monthly fee will depend on the call plan that you select when signing up for your account. Call charges (both inbound and outbound) are $0.27 per minute billed in 6-second increments with no rounding-up. Taxes and other telephone company or governmental fees may apply and will be added to your monthly charges. 4. Concurrent Services: You understand that callers to your toll-free line may generate multiple billable requests concurrently during the same call, such as an inbound caller who may plays your pre-recorded voice information, requests faxed information, requests call forwarding using Lead Acquisition Technology, LLC’s Follow Me feature, and/or uses the direct connection feature to locate you on your cell or home phone. Some calls may result in a simultaneous inbound call charge along with an outbound charge, on a per-minute basis, to your account. Charges may be incurred whether or not the calls are completed. If you have any questions about your charges, call Lead Acquisition Technology, LLC for more details. 5. Lawful Use and Indemnity: You agree to use the toll-free lines and the Services in a manner that does not violate any applicable state, federal or local laws, regulations or statutes and agree not to commit any acts which may cause any disruption to the Services or damage to Lead Acquisition Technology, LLC’s services, website, software or equipment in any way. You agree to indemnity, hold harmless and release Lead Acquisition Technology, LLC, LLC and its employees, officers, owners, directors, shareholders, partners, agents, and contractors from any and all claims, suits, damages, attorneys’ fees and court costs of any kind resulting from your acts or omissions 6. Intellectual Property and Proprietary Technology: Neither party to this Agreement shall, by entering into it, give or convey to the other any rights to the other party’s names, trademarks, service marks, logos, copyrights, business plans, models, technology, patents or any other thing or matter which may be considered to be proprietary to the owner. Lead Acquisition Technology, LLC’s proprietary technology includes, but is not limited to, its computer database, software, methods of call capture, interactive voice response, automatic number identification, call forwarding, or other methods of voice or data gathering, storage, transfer, or retrieval, whether by voice, telephone, fax, computer, electronic or otherwise, all of which Lead Acquisition Technology, LLC considers to be proprietary, confidential and trade secrets. All toll-free numbers and lines 7. Limitation of Liability: To the extent that is permitted by law, if 8. Termination: The Services are provided to you on a month-to-month basis unless you have opted for a longer plan (e.g., a 1-Year Value Plan) and Lead Acquisition Technology, LLC may terminate the Services and the Agreement without cause or without prior notice. If you wish to terminate the Services and the Agreement at any time, you may either send your written notice to Lead Acquisition Technology, LLC by facsimile at (818) 703-1287 or mail a letter to the Lead Acquisition Technology, LLC corporate office address at 21700 Oxnard St Ste 1730 Woodland Hills, CA. 91367 (with your full name, account number and password) requesting that your Services be terminated and your account will be closed within three (3) business days after receipt. Once Lead Acquisition Technology, LLC terminates the Services and closes your account, your toll-free line(s) and password(s) will no longer be active and Lead Acquisition Technology, LLC shall not be liable for any advertisements or marketing costs using the number(s) for such toll-free lines. 9. Notices: Lead Acquisition Technology, LLC may send you notices at your last known address. You may send notices to Lead Acquisition Technology, LLC at its corporate offices located at: 21700 Oxnard St Ste 1730 Woodland Hills, CA. 91367. Lead Acquisition Technology, LLC may change the terms and conditions under which the Services are provided to you without prior written notice. However, in the event that material changes are made to the Services due to improvements, enhancements, changing technology or laws, or due to reasons beyond Lead Acquisition Technology, LLC’s reasonable control, Lead Acquisition Technology, LLC will notify you in writing of such changes, and you have the right to accept those changes or terminate this Agreement and Services in accordance with the termination provisions above. If you continue to use the Services for ten (10) business days after receipt of any such notice, you will be deemed to have accepted the changes in the price or service. 10. Binding Agreement; Authority: By registering for your account and submitting your Account Order Form to Lead Acquisition Technology, LLC, you represent that you have the authority to enter into this Agreement and to bind yourself and your company to the terms and conditions of this Agreement. You further represent that you have printed a copy of this Agreement and have 11. Entire Agreement: This Agreement contains all of the understandings and agreements of the parties, and there are no further agreements or understandings, written or oral, in effect between the parties relating to the subject matter of this Agreement or the Services. |