TERMS & CONDITIONS
By purchasing I personally guarantee and authorize this order in its entirety and certify that I understand that there are no refunds or returns of any kind. By signing this invoice I accept the product and services as is. Furthermore I understand that the product and service have been delivered and are beyond my expectations. I was informed completely by The McGrp International of what to expect with each and every product that I have purchased. I acknowledge and understand that, regardless of the outcome, the mere initiation of a credit card dispute against any order costs The McGrp International tremendously in human resources and, moreover, exposes The McGrp International to injury within the credit card processing arena. This exposure, I acknowledge, constitutes the equivalent of thousands if not tens of thousands of dollars in losses to The McGrp International. Accordingly, I agree that should I ask my card issuer to exercise any chargeback right it may have against The McGrp International, The McGrp International shall immediately have the right to invoice me (the customer) for the full amount of disputed amount regardless of the outcome of this right, and to be entitled to such sum within ten days of invoicing. I further agree that this sum shall bear the interest rate of 10% annual simple interest until satisfied. I further agree that any dispute between The McGrp International and myself shall be settled in the applicable court of Saint Johns County, FL.
VOICE BROADCASTING AND TELEMARKRTING CONDITIONS (IF PURCHASED):
Broadcaster (The McGrp International), its affiliates, distributors and their respective officers, directors, agents,employees, suppliers and shareholders (collectively, the “Broadcaster Entities”) shall not be liable and are not responsible for any loss or damage Client suffers, or any party claiming through or under Client, as a result of, or related to, the use of the service including, but not limited to: any indirect, incidental, special, punitive or consequential damages, resulting from or relating in any way to the use of the service even if the Broadcaster Entities have been advised of the possibility of such damages. You agree to indemnify and hold Broadcaster Entities harmless from any and all claims, losses, damages, judgments, expenses and costs (including any attorney’s fees and expenses) arising out of the use of the service or the infringement of any trademark or copyright. Broadcaster Entities make no express or implied representations or warranties about its service and disclaims any implied warranties, including, but not limited to, warranties of tide, implied warranties of merchantability, and fitness for a particular purpose, legal compliance, or on-infringement. Broadcaster Entities do not authorize anyone to make any warranties on the company’s behalf and you may not rely on any statement of warranty as a warranty by Broadcaster Entities.
Client will not utilize the service in a manner which results in violation of any law, rule or regulation. Client bears full responsibility for compliance with all state and federal laws regarding the content of their message(s). Client certifies message(s) used will be in compliance with 47 U.S.C. § 227 or certifies exemption from its requirements. Client acknowledges that Broadcaster is a common carrier as defined in 47 U.S.C. § 153 hired to distribute messages on behalf of Client. Client understands the Telemarketing Sales Rules (“TSR”) as provided by the Federal Trade Commission (“FTC”). Client certifies message(s) used and Caller ID displayed will comply with all State and Federal legal requirements. Client ensures compliance with the FTC’s identification requirements and agrees to maintain a Do-Not-Call policy as required by law. Broadcaster agrees to “scrub” all internal data via using the client’s Federal and/or State issued Do-Not-Call SAN number(s) for any and all calls made to consumers/businesses if required to call for Clients calling campaign. Client acknowledges that all external data given to Broadcaster will be “scrubbed” by Broadcaster prior to calling consumers/businesses as well. Client acknowledges that broadcaster has no obligation to screen, preview, or monitor content of message(s). Broadcaster retains the right to display scripts and recordings used to other prospective Clients. Client understands example messages displayed are not for actual use; Clients selecting an example message for actual use do so at their own risk, on their own initiative and are responsible for compliance with all applicable laws. Broadcaster may disclose to a third party any information it deems necessary to satisfy any applicable law, regulation, legal process, governmental request, or in connection with any investigation or complaint regarding Client’s use of the Service. Client agrees to be responsible for all activities and transactions that occur under Client’s online account number(s) and pass code(s). Client acknowledges that the calling campaign will commence upon receipt of credit card authorization, weekly schedule, and Broadcast Service Agreement signed and filled out correctly by Client. The agreed start date will be 24 – 48 hours from receipt of the forms or unless otherwise specified. The agreed amount to be paid via credit card authorization/wire will be the total minutes used on each day’s calling at the above given per-minute rate, or whatever is agreed upon between Broadcaster and Client (orally or written) if wire transaction is method of payment. If paid via credit card daily, the amount to be charged on Client’s redit card at the end of each days calling campaign per the credit card authorization form signed by Client will be that based on minutes used that particular day at the agreed rate on this Broadcast Service Agreement. Receipt/Invoice of said charge(s) will be what is received by Client’s credit card statement received from Client’s credit card company. In the event of a default, Client agrees to pay all reasonable collection and/or attorney fees. Broadcaster is authorized to debit Client’s bank account via check draft or Electronic Funds Transfer (“EFT”) for any
unpaid balance. The individual(s) signing this agreement (whether holder of credit card used for billing, authorized user of said credit card, or not affiliated whatsoever with credit card used) personally guarantees all payments made, and debts incurred under this agreement. Broadcaster is authorized to process any check payments as an EFT. Broadcaster entities shall be held harmless in the event calls cannot be affected for any reason.
Service is provided on an “as is” and “as available” basis. Broadcaster reserves the right to cancel any scheduled campaign at any time. Should a scheduled campaign be canceled for any reason by Broadcaster the limit of liability is the refund of the percentage of any remaining unearned revenue for that particular campaign. Should a scheduled campaign be cancelled by Client at any time, there will be no refund given. Client agrees to waive all rights to credit card charge-backs due to the nature of Broadcaster’s no refund policy and setup procedures. Clients who manually disable their broadcast or show no activity for over fifteen (15) days without prior written approval from Broadcaster are subject to immediate cancellation with no refund. Client agrees to appropriately inform their staff and all incoming callers that calls may be recorded or monitored. Client agrees the total liability under any circumstances of Broadcaster Entities hereunder shall not exceed $1,000 (One Thousand Dollars) or the amount actually paid by the Client under this agreement, whichever is less. Any controversy or claim arising out of or relating to this agreement shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration
Association. The place of arbitration shall be Saint Johns County, FL and shall be governed in all respects by the laws of the State of California without regard to its conflict of law provisions. Should any part of this Agreement be declared invalid, the remaining portions shall remain in full force and effect as if this agreement had been executed with the invalid portion eliminated. Failure of Broadcaster to exercise any right under this agreement shall not constitute a waiver of such right. This Agreement is the final, complete, entire, and exclusive agreement between Broadcaster and Client with respect to the subject matter hereof, and supersedes any prior communications, oral or written, with respect to the subject matter hereof. No modification of, or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing and signed by both parties. By signing this agreement, the undersigned agrees to the above terms and understands there are No Refunds given by Broadcaster to Client for any reason. All services must be used within 30 calendar days from date of invoice.
DATA ORDER TERMS AND CONDITIONS (IF PURCHASED):
The Customer acknowledges and agrees that the Order Confirmation and these Terms and Conditions constitute the entire agreement between the parties hereto and supersede all prior agreements and understandings, oral and written, between the parties hereto with respect to the subject matter hereof. No representation, warranty, promise, inducement or statement of intention has been made by either party which is not embodied in these Terms and Conditions or the Order Confirmation, and The McGrp International shall be bound by, or be liable for, any alleged representation, warranty, promise, inducement or statement of intention not embodied herein or therein. Furthermore, handwritten information on the Order Confirmation will NOT be deemed to be a part of the agreement between Customer and The McGrp International. Client Acknowledges that lists containing any personal information can legally only be rented. Customer warrants and guarantees he/she/it is a merchant as understood in the California Commercial Code, that the list(s) rented hereunder is/are to be used for a one-time use only, and that no record of the names, addresses, etc. will be retained or duplicated. Additionally, Customer is prohibited from using information about this rented list as part of Customer’s telephonic presentation or printed mail piece. All lists and other goods and services provided by The McGrp International are provided ‘as is’ and The McGrp International expressly disclaims all other representations and warranties, express or implied, relating to any such goods or services, including their fitness for a particular purpose, their quality, their security, their merchantability or their non-infringement. Due to the fact that our products can be copied easily, no order will be returned or accepted for credit, or otherwise, unless first approved by The McGrp International in writing. It is acknowledged that the Customer is not relying upon The McGrp International with respect to any legal advice in connection with the use of data or lists. Customer agrees and warrants that all data which Customer receives from The McGrp International, or any related subsidiary corporation, shall be used only in strict compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances, including but not limited to those concerning privacy, telephone solicitation, e-mail solicitation, fax broadcasts and direct marketing. Customer understands that any person violating such laws may be subject to civil and criminal penalties. Customer acknowledges that it is Customer’s sole responsibility to determine the applicability of any such laws, rules, regulations and ordinances. Without in any way limiting the generality of the foregoing, The McGrp International assumes no responsibility or liability for determining whether phone numbers on its lists may be registered under federal and/or state “do not call” laws or other laws governing telemarketers, and Customer shall be fully responsible for compliance therewith in connection with the use of lists rented hereunder. Customer represents and warrants to The McGrp International that any and all actions taken by Customer pursuant to this Agreement shall be in compliance with the provisions of all applicable laws and regulations and that The McGrp International shall have no liability whatsoever for any actions done or performed, or caused to be done or performed by Customer and Customer agrees to indemnify and hold The McGrp International harmless there from. Customer agrees, understands, and expressly acknowledges that when The McGrp International rents a list to any customer, it neither assumes nor accepts any responsibility of any kind for defects, deficiencies, mistakes, ambiguities, or inaccuracies of any kind or effect with respect to the list rented herein. Customer agrees, understands,and expressly acknowledges that while The McGrp International believes this information to be accurate, it does not, except as otherwise provided in the Order Confirmation, warrant or guarantee any degree of accuracy of the list rented, nor the outcome or results of any mailing or promotion or any other undertaking of the Customer, and The McGrp International shall not be held liable in any manner with respect thereto or otherwise. In all events, any liability hereunder of The McGrp International and its representatives shall be limited to the amount paid by Customer for the applicable list.
The McGrp International shall not be liable for indirect, special, incidental or consequential damages (including, but not limited to, damages for loss of business, loss of profits or investment or the like) whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if The McGrp International or its representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose. The limitations of damages set forth herein are fundamental elements of the basis of the bargain between The McGrp International and Customer, and Customer acknowledges and agrees that The McGrp International would not have been able to have provided its goods and services without such limitations. The McGrp International shall not be liable to Customer, or to anyone who may claim any right, due to The McGrp International’s relationship with Customer, for any acts or omissions in the performance of said services on the part of The McGrp International or on the part of The McGrp International’s agents, officers, directors or employees or assigns which result from the delivery of Services made to Customer by The McGrp International and its agents, officers, directors, employees or assigns, unless said acts or omissions of The McGrp International or its agents, officers, directors, employees or assigns are due to their gross or willful misconduct. The McGrp International will not accept any returns or make any reimbursements. NO EXCEPTIONS. All orders received from the Customer by The McGrp International required The McGrp International to create a custom order for the Customer.
Therefore, Customer is responsible for the payment of this custom order; and this financial responsibility shall not be released due to the Customer rejecting said order, refusing to accept shipment, “stop payment” on their check, or changing the nature of the order, etc. Customer agrees to reimburse The McGrp International, for all expenses, including reasonable attorney’s fees, incurred by The McGrp International, to enforce this agreement and/or collect payments due hereunder. No modifications of this agreement may be made unless they are in writing and signed by the party to be charged. Time is expressly declared to be the essence of this agreement, and it is specifically agreed that no waiver of any breach or default by the Customer shall be deemed a waiver of any breach or default thereafter occurring. This agreement shall be governed by and construed in accordance with the internal laws of the State of California without regard to its conflict of law rules. Customer agrees that any dispute hereunder shall be exclusively heard in the state and federal courts located in Saint Johns County, FL, and further agrees that said courts are a convenient and appropriate forum. Client agrees this will be the terms of all data purchases after the date this agreement was signed. Data records expire after 30 days of invoice date.
ACCEPTANCE OF ANY ORDER CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
EFFECTIVE: August 1st, 2015