These Terms of Service are effective on May 25, 2018, for current users, and upon acceptance for new users.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE OR SIGNING UP FOR SERVICES

This Agreement, which governs the terms and conditions of your use of the “Services” (as defined below), is between you ("you" or "Customer"), as an authorized user of the Services, andLynsco Group LTD T/A Callmatic (Callmatic), a company organized under the laws of Ireland, with its registered office at 17 ballyfan , Carne Wexford(Registration number: 570133 - VAT number3387161QH. This Agreement, together with any operating rules, policies (including Privacy Policy), price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Callmatic (collectively, the "Agreement"), constitutes the entire agreement between Callmatic and you regarding the Services (as defined below) and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. “Callmatic account “ or “Account” is defined as the account through which you access the Services. “Number” is defined as each Callmatic™ telephone number associated with your Service plan. Notwithstanding the foregoing, your use of any software provided by Callmatic related to the Services shall be pursuant to a separate agreement governing customers' use of such software. By using the Services, you confirm your acceptance of, and agree to be bound by, this Agreement. If you begin the sign up process for the Services but fail to complete the process, Callmatic may contact you in an effort to help you through this process. You hereby authorize Callmatic to make such contact, even if you ultimately determine not to sign up for the Services.

1.The Services

For the purposes of this Agreement, “the Services” are defined as the Callmatic™ powered by eVoice® service plan and any optional additional Callmatic™-related services to which you are subscribed, each of which is described at the website www.callamtic.ie (“the Callmatic Website"). The applicable Service plans are:

Callmatic™ Phone Number and system

Callmatic™ Phone Number + Phone System includes: (a) a dedicated telephone number of your choice from Callmatic’s existing inventory or the option to transfer your existing telephone number, (b) virtual PBX that directs telephone calls to telephone numbers you specify, (c) extensions allowing callers to have their call diverted to one of a number of specified recipients with each extension having its own unique log-in and password, (d) voicemail accessible by telephone, web and an existing email account; and (e) conference calling.

Callmatic™ Phone Number:

Callmatic™ Phone Number includes (a) a dedicated telephone number of your choice from Callmatic’s existing inventory or the option to transfer your existing telephone number; (b) direct call redirection to an existing telephone number; and (c)voicemail accessible by telephone, web and an existing email account.

The following services carry separate fees and charges, and can be added by you to your Service plan: or in certain cases, may be signed up to by you as a basic element in your Service plan:

Voicemail to Text:

Voicemail to Text (referred to herein as "V2T") includes the transcription of voicemails to text, with the transcription routed to you by email (by default) or SMS (optional). You will continue to be able to access your voicemail in audio format by phone, web and email. The provision of the V2T Services may involve the review of your voicemails by third party human operators ("Operators") and where the Operator is unable to convert a message to text due to poor dictation, noisy environment, poor phone connection or drop-outs, language, unacceptable content or any other reason, Callmatic will typically notify you by email that you have received a voicemail message (depending on the specific service you have subscribed to), but the email will not contain a voicemail transcription, only an audio file version of the voicemail.

Call Recording:

You may add Call Recording to your Callmatic™ Account by calling Callmatic™ Support. If you have enabled Call Recording on your Callmatic™ Account, you can record connected or diverted telephone calls from your Callmatic™ service by using the appropriate "*2" command during the call as long as the other party is on the call. When you use the "*2" command, an automatic audio prompt will play indicating that the entire call is being recorded. If you use the "*2" command again during the call, the recording will stop. The call recording feature is not currently available for conference calls. Each recorded call is downloadable from your Account and is stored for thirty (30) days from the date of the recording. You agree to comply with all applicable international laws, rules and regulations applicable to call recording when using the Services, whether in the country that the call is made and/or the country where the call is received or elsewhere where applicable to the call that is being recorded. The call recording feature is intended for single person use only. We reserve the right to disconnect or modify your service plan if we determine, at our sole and absolute discretion, that your usage of this feature is inconsistent with, or in excess of, normal usage patterns of other users of our Services. Before recording calls it is important to familiarize yourself with all legislation governing interception of communications, data protection and privacy which in the U.K. shall include but not be limited to the Regulation of Investigatory Powers Act 2000, Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and the Human Rights Act 1998 as any of same may be amended from time to time.

Web Conferencing:

You may choose to add Web Conferencing to your Service plan. Like Conference Calling, each extension will have its own unique log-in and password. You may activate this Service by calling Callmatic™ Support. Your Account will be billed an additional monthly fee according to the applicable rate plan at the time.

2. Term

Your Service plan begins upon activation and automatically renews on a monthly basis, until terminated on notice by either party, notwithstanding other termination rights indicated herein, and notwithstanding post-termination rights and obligations hereunder.

3.Charges

Price
  • You agree to pay all charges for your use of the Services at the prices then in effect according to your Service plan.
  • For current pricing information for the Callmatic™ Services, visit the Callmatic™ Website. All charges will be exclusive of value added taxes ("VAT"), sales or other taxes, except as required by law. Callmatic reserves the right to change prices or institute new charges for access to or use of the Services. All changes to prices or charges (but not necessarily to taxes) will be posted by Callmatic at the Callmatic™ Website (for the Callmatic™ Services) and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of your Callmatic™ account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
  • To view your current Account balance, along with billing details and any accumulated charges, please click on "Usage" or “Billing” after logging in to the Callmatic™ Website. all fees are taken using direct and debit and Gocardless.
Additional fees
  • You will incur charges in addition to the minimum monthly service charge (or annual service charge where applicable) to your Service plan, if you use the Services in excess of the minutes that are permitted by your Service plan (including but not limited to: connected and diverted call minutes to mobile, international, local and non-geographic numbers, the number and duration of voicemail messages, and your receipt of fax pages (if applicable)).
  • If you are using the Services from certain locations, you may also incur charges levied by your internet service provider, online service provider and/or long distance carrier to access the Services. When diverting calls to destinations outside the UK, international rates apply from the first minute
  • There shall be additional charges for the use of the V2T service, such charges are set out on the Callmatic™ Website. If a V2T message delivered to your wireless phone exceeds a single SMS in length, your carrier may deliver the V2T message as a series of consecutive SMS messages which will utilize more of your text messages under your plan. Additional auto attendants or extension phone numbers may be obtained for an additional monthly fee. Professionally recorded greetings may also be obtained for an additional fee.
  • Subject to specific product pricing or agreed pricing, Callmatic will charge Customers for usage on a per minute basis for all connection and diverted call traffic and for all connection call traffic exceeding certain limits.
  • In the case of Conference Calling, Callmatic will charge for the total length of the call – i.e. the per minute charge will apply to the total number of minutes of all participants combined.
  • For questions on current pricing to a particular destination, please contact Callmatic™ Support or visit the Callmatic™ Website for current rates.
  • Additional Numbers, usage credit or extensions may be obtained for an additional monthly fee. Please contact Callmatic™ Support for current pricing.
  • Professionally recorded greetings in addition to the one (1) free greeting which is included in each service plan may be obtained for an additional fee. For information on greetings, please log in to the Callmatic™ Website and visit “Phone System >> Greetings”.

4.Privacy Policy and Data Protection

For all customers:

allmatic processes personal data in accordance with our Privacy Policy which is available at callamtic.ie, which we may update from time to time. You are encouraged to regularly review our Privacy Policy.

Business Customers Only:

If you are a Business Customer and the Services involve the processing of personal data which is subject to the General Data Protection Legislation (EU) 2016/679, the “GDPR”),Lynsco Group LTD T/A Callmatic is a processor and you are the controller in relation to such personal data (as defined in the GDPR), which is processed pursuant to this Agreement.
You retain control over the content of the faxes, and as such the types of personal data that are subject to processing cannot be categorised byLynsco Group LTD T/A Callmatic in these terms and conditions. It is assumed such personal data may include all categories of personal data relating to customer’s, or its customer’s own clients, customers, suppliers, employees, other personnel and/or other data subjects.
Customer may notify Callmatic Ireland of the categories of data subjects or types of personal data to be incorporated into these terms by using the contact details set out in the privacy policy.
As processor,Lynsco Group LTD T/A Callmatic shall, in relation to personal data (as defined in the GDPR) provided by you or generated arising from the performance of the Services under this Agreement:

  • (a) process such personal data in accordance with these terms and conditions and otherwise comply with your documented (including email) instructions in connection with such processing. Where such instructions are provided orally, we shall keep a record of these. If at any point,Lynsco Group LTD T/A Callmatic becomes unable to comply with your instructions regarding the processing of personal data (whether as a result of a change in applicable law, or a change in your instructions, or for any other reason),Lynsco Group LTD T/A Callmatic shall promptly:
    (i) notify you of such inability, to the extent permitted by applicable law; and
    (ii) cease all processing of the affected personal data (other than merely storing and maintaining the security of the affected personal data) until such time as you issue new instructions with whichLynsco Group LTD T/A Callmatic is able to comply.
  • (b) ensure personal data are kept confidential; (ii) take reasonable steps to ensure the reliability and trustworthiness ofLynsco Group LTD T/A Callmatic’s personnel and any subprocessors, and (iii) take reasonable steps to ensure that all relevantLynsco Group LTD T/A Callmatic personnel, and any relevant subprocessors, have committed themselves to ensuring the confidentiality of all personal data that they process;
  • (c) ensure that, in each instance in whichLynsco Group LTD T/A Callmatic engages a subprocessor, it shall notify you and : (i) allow you a reasonable opportunity to object to the appointment of that subprocessor (and your authorisation is deemed to be granted if you do not object within thirty (30) days of being notified of the proposed subprocessor); and (ii) enter into a binding written agreement with the subprocessor that imposes on the subprocessor the same obligations that apply toLynsco Group LTD T/A Callmatic under this Agreement with respect to the processing of personal data; subject to compliance with the foregoing, you hereby generally authoriseLynsco Group LTD T/A Callmatic to engage sub-processors in relation to the Services.
  • (d) at your request and sole expense, promptly provide you with all reasonable technical and organisational assistance (taking into account the nature and functionality of the Services) necessary to respond appropriately to requests from individuals to exercise their rights under the GDPR;
  • (e) at your request and sole expense, promptly provide you with all reasonable assistance necessary to enable you to: (i) notify relevant breaches of the GDPR to the relevant authorities and/or affected individuals; (ii) conduct data protection impact assessments, where required; and (iii) obtain any necessary authorisations from any relevant regulatory authorities;
  • (f) delete (or, upon your request at or prior to termination, return) any personal data processed in the performance of the Services inLynsco Group LTD T/A Callmatic’s possession within 180 days after the termination or expiry of this Agreement, other than data in relation to whichLynsco Group LTD T/A Callmatic is a controller (which will be processed in accordance with our privacy policy) and unless the applicable law of the European Union or an EU Member State requires otherwise;
  • (g) at your request and sole expense: (i) promptly provide you with all information necessary to enable you to demonstrate compliance with your obligations under the GDPR, to the extent thatLynsco Group LTD T/A Callmatic is able to provide such information; and (ii) allow for and contribute to audits, including inspections, conducted by you your auditors or appointees, provided that such audit shall be during regular business hours, with reasonable advance notice toLynsco Group LTD T/A Callmatic and subject to reasonable confidentiality procedures. Before the commencement of any such audit, the parties shall mutually agree upon the scope, timing, and duration of the audit. You may not auditLynsco Group LTD T/A Callmatic more than once annually; and
  • (h) notify you without undue delay in the event of: (i) becoming aware of any personal data breach; or (ii) receipt of any correspondence or communication from any individual, regulatory authority or third party regarding the processing of personal data; and
  • (i) apply appropriate technical and security measures to protect any such personal data against unauthorised or unlawful processing and against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to such personal data.

5. Customer Responsibilities

General

You must (a) obtain and pay for all equipment and third-party services (e.g., internet access and email service) required for you to access and use the Services; (b) maintain any security of your user identification, and other confidential information relating to your Callmatic™ Account and; (c) be responsible for all charges resulting from use of your Callmatic™ Account, including unauthorized use prior to you notifying Callmatic of such use and taking steps to prevent its further occurrence.

User Account, Password, and Security

As part of your registration process, you will be required to provide a valid email address and select a password. Once you become a registered user, your Callmatic™ Number will be automatically sent to you by email. You may change your password to protect your voicemails after logging in to the Callmatic™ Website. You are entirely responsible for notifying Callmatic of any change in your email address and for failing to maintain the confidentiality of your password, Callmatic™ Number and Account information. Furthermore, you are entirely responsible for any and all activities that occur under your Callmatic™ Account. You agree to immediately notify Callmatic of any unauthorized use of your Callmatic™ Account or any other breach of security known to you.

Content of Transmissions

You are fully responsible for the contents of your transmissions through the Services. Callmatic simply acts as a passive conduit for you to send, receive, store, and retrieve information of your own choosing.

Prohibited Conduct

Your use of the Services is subject to all applicable local, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws or false advertising and any geo-compliance legislation which may apply to your usage of the Services). You agree: (1) to comply with EU Data Protection law regarding the transmission of data through the Services; (2) not to use the Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) not to use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (6) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind of nature; (7) not to use or reference the Services for chain letters, junk fax or junk mail, spamming or any other use of distribution lists to any person who has not given specific permission to be included in such a process; (8) not to use the Services to attempt to gain unauthorized access to other computer systems; (9) not to interfere with another's use and enjoyment of the Services or similar services; and (10) not to use the Services to transmit misleading or inaccurate caller identification information. Customer may not use the Services with the intent to defraud, cause harm, or wrongfully obtain anything of value.

Prohibited Charges

You agree that you are not authorized to charge products or services provided to you or at your request to the Callmatic™ Number assigned to you by Callmatic and that you will not request or otherwise cause any third-party to charge any such products or services to such number. Any such charges will give Callmatic the right to immediately terminate or suspend your Callmatic™ Account without notice and you further understand and agree that Callmatic can immediately charge your credit card or other payment method you use to pay for the Services for these products or services.

6. Unsolicited Telemarketing

The transmission of unsolicited telemarketing phone calls may, in certain circumstances, be illegal under the European Union's Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector, the U.K.’s Privacy and Electronic Communications (EC Directive) Regulations 2003 and under the laws of a number of other countries, states and provinces. Unsolicited telemarketing through the Services is prohibited and a material violation of this Agreement. If you transmit or are otherwise connected with any email, fax or voice "spam" or other unsolicited marketing message, you agree to pay Callmatic its actual damages if those damages can be reasonably calculated. If actual damages cannot be reasonably calculated, you agree to pay Callmatic liquidated damages of ten Euro (€10.00) for each piece of "spam" or unsolicited marketing message transmitted from or otherwise connected with your Callmatic™ account. You acknowledge that if actual damages cannot be reasonably calculated, these liquidated damages are a reasonable estimation of such damages and are not a penalty. You also agree that Callmatic may charge such damages to your credit card or other payment method you use to pay for the Services.

7. Termination

By You

You may terminate your Callmatic™ Account at any time, with or without cause, upon notice. In order for you to give notice to Callmatic you want to terminate your Callmatic™ Account, you must contact Customer Service (+ 353 539131760) or if you are a consumer and within 14 days of sign-up you can download, complete and return this form by email to support@Callmatic.ie. A Customer Service representative will assist you with terminating your Callmatic™ account in accordance with the Callmatic's verification procedures. Upon termination of your Callmatic™ account, the Customer Service representative will provide you with a cancellation number. Your Account will not be deemed terminated unless and until you receive the cancellation number.

If you are a consumer (meaning a natural person acting outside of their business, trade or profession), you will also have the right to terminate your Callmatic™ Account within 14 days of entering this Agreement at no cost to you (the “14 day Cancellation Period”).

By Callmatic

Callmatic may terminate or suspend your Callmatic™ Account at any time, with or without cause, upon notice. Callmatic reserves the right to do so without prior notice, provided that Callmatic will attempt to confirm such termination or suspension by subsequent notice. In addition, Callmatic reserves the right to suspend or terminate your Callmatic™ Account without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Callmatic when Callmatic believes you are liable for the charge. We may assess an additional fee of twenty-five Euro (€25) for any cheque or charge (credit card or bank account) returned for nonpayment, or for any item required to be processed manually outside of our automatic billing/charging system, and this fee may be automatically added to your bill in these events. In addition, we may assess a twenty-five Euro (€25) service restoration fee to restore service on Numbers temporarily disconnected due to payment problems. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Callmatic. Callmatic reserves the right to limit use of the Services or to terminate any account if we believe unreasonable usage has occurred on such account or if the Services are used in a manner that is not permitted by this Agreement. Callmatic also reserves the right to take any action with respect to the Services that it deems necessary or appropriate in its sole discretion if Callmatic believes you or your usage may create liability for Callmatic, compromise or disrupt the Services for you or others or cause Callmatic to lose (in whole or in part) the services of Callmatic's suppliers.

8. Customer Representations

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement and to perform your obligations under this Agreement. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement. You confirm that you are authorised to use the payment method that you present to us to satisfy payment for the Services.

9. Modifications to these Terms of Service

Callmatic may amend this agreement at any time by (a) posting a revised agreement on the Callmatic™ website and/or (b) sending information regarding the amendment to the email address you provide to Callmatic. you are responsible for regularly reviewing the Callmatic™ website (for the Callmatic™ services) to obtain timely notice of such amendments. you shall be deemed to have accepted such amendments by continuing to use the services after such amendments have been posted or information regarding such amendments has been sent to you. otherwise, this agreement may not be amended except in writing signed by both you and Callmatic.

10. Modifications to Services

Callmatic reserves the right to modify or discontinue any of the Services with or without notice to you. Callmatic shall not be liable to you or any third party should Callmatic exercise its right to modify or discontinue the Services.

11. Management via the Internet

We will provide you with an internet web site address where you can log in to manage your Account, view calls, receive support, and manage basic Account information. Although some functions of your Services may be configured simply by using your telephone, you may find that some functionality is controlled only through the Web site interface. You must have internet access to use the Services. It shall be your responsibility to manage all configuration details yourself, unless you have paid for configuration service. Logging into Web site Services requires a common, and current, internet browser with support for SSL encryption and cookies enabled. Anyone whom you give Account access, through use of your secure account codes or otherwise, shall be authorized by you to make any and all changes to your Services, Account and Number.

11. Management via the Internet

We will provide you with an internet web site address where you can log in to manage your Account, view calls, receive support, and manage basic Account information. Although some functions of your Services may be configured simply by using your telephone, you may find that some functionality is controlled only through the Web site interface. You must have internet access to use the Services. It shall be your responsibility to manage all configuration details yourself, unless you have paid for configuration service. Logging into Web site Services requires a common, and current, internet browser with support for SSL encryption and cookies enabled. Anyone whom you give Account access, through use of your secure account codes or otherwise, shall be authorized by you to make any and all changes to your Services, Account and Number.

12. Disclaimer of Warranties and Limitation of Liability

Callmatic™ and all other callmatic software and services are provided "as is," and neither callmatic nor any of its licensors or service providers makes any express or implied representations or warranties to you regarding the usability, condition or operation thereof. Callmatic does not warrant that access to or use of services will be uninterrupted or error-free, or that callmatic software or services will meet any particular criteria of performance or quality. Callmatic and each of its licensors and service providers expressly disclaim all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.

Your use of callmatic™ and all other callmatic software and services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files or other material (including callmatic software) obtained either directly or indirectly from callmatic. You agree that neither callmatic nor any of its licensors or service providers will be liable for damages (including consequential or special damages) arising out of your use of or inability to use callmatic™ or any other callmatic software or services, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if callmatic or any such licensor or service provider has been advised of the possibility of damages. The entire liability of callmatic and its licensors and service providers and your exclusive remedy with respect to the use of callmatic™ and any other callmatic services and software or any breach of this agreement are limited to the lesser of: (i) the amount actually paid by you for access to and use of the software or services in the three (3) months preceding the date of your claim or (ii) £500.00 (gbp). You hereby release callmatic and each of its licensors and service providers from any and all obligations, liabilities and claims in excess of this limitation. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.

Neither callmatic nor any of its licensors or service providers shall be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties outside of callmatic's or any such licensor's or service provider's control which could lead to the interruption of the services or to the interruption of data delivery service to your email address, pager, telephone or any other receiving devices or third-party data storage and/or delivery services.

You will not rely on any representation or warranty, expressed or implied, made by any person other than an authorized officer of callmatic, in evaluating the services or any other services and/or products of callmatic.

Callmatic reserves the right to suspend or discontinue the services for maintenance or regulatory reasons or any other purpose beyond its reasonable control, without incurring any liability or obligation to you, and if the services are suspended or discontinued for at least 30 days, either party shall be entitled to terminate this agreement immediately by notice in writing to the other.

13. Billing

Charges for your Callmatic™ Account balance are due monthly or annually, in accordance with your Service plan, and will be billed by Callmatic using Gocardless. Your activation fee and monthly or annual service fees, as applicable, are payable in advance and are completely non-refundable unless such termination is validly effected by a consumer invoking its right to during the 14 Day Cancellation Period in accordance with the provisions of Section 7. See the Callmatic™ Website for Service plan details.

You agree to pay a monthly service fee for usage, extensions, and/or other services as specified in your Service plan. Unused minutes included within your plan for a billing period do not carry forward to the next billing period. You are responsible for all calls/minutes, even those originating from unintended callers (e.g. wrong number calls) or those originating from yourself during the setup and administration of your Number, as well as any other use of your Account. Lack of usage of your Account shall have no effect on your minimum billing amount. For instance, if you do not use your Account at all, you are still obligated to your plan's minimum service fees due hereunder this Agreement.

14. Payment

Payment of your Callmatic™ Account balance is due monthly (or annually if applicable to your Service plan) and must be made by the credit card, debit card, BACS or cheque designated by you for Callmatic use and transactions, or through such other payment methods as Callmatic may provide from time to time. If your Callmatic™ Account is a qualified business account and is approved by Callmatic for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.

If payment is not received by Callmatic by its due date, you agree to immediately pay all amounts due upon demand by Callmatic. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that Callmatic is authorized to charge your designated card or obtain payment for the Services through other means legally available to Callmatic. For payments by debit card or credit card, your card issuer's agreement governs your use of your designated card in connection with the Services and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Callmatic may (at its option) accumulate charges incurred during your billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that Callmatic may delay obtaining authorization from your card issuer or bank until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer or bank.

Callmatic tries to advise customers paying by direct debit fifteen days in advance of the amount of the debit to be processed to their bank account. For the avoidance of doubt, all amounts due are payable within 15 days of the invoice date. Callmatic reserves the right to charge interest of 1.5% per month on monies overdue for payment until such payments are made in full.

You agree that Callmatic may submit charges for your monthly or annual service fee each month or each year, without further authorization from you, until you provide prior notice (in accordance with Callmatic's verification procedures, as may be established by Callmatic from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card or bank account. Such notice will not affect charges submitted before Callmatic reasonably could act on your notice. If you have any question regarding any charges that have been applied to your Account, you must contact Callmatic's Customer Service Department within 30 days of the charge date. Failure to use your Account will not be deemed a basis for refusing to pay any charges submitted by Callmatic in accordance with this Agreement.

Callmatic may provide the Services on credit terms (15 days) at its discretion. Callmatic reserves the right to refuse to provide the Services if it is not satisfied with the perceived credit risk that Callmatic would incur in the provision of the Services on this basis and Callmatic reserves the right to seek and obtain information from you, at no cost to Callmatic, at any time, to ease any concerns it may have with regard to the perceived credit risk to Callmatic in providing the Services to you. Callmatic reserves the right to seek, on an exceptional basis, at any time, an immediate interim payment in respect of monies calculated to be due.

In the event of a dispute over the amount of monies owed, all invoiced payments and amounts debited to the credit/debit card holder's account will remain payable and due for payment. Disputed payments must be notified to Callmatic as soon as possible and in any event within 10 days of the date of invoice. Callmatic will then investigate all disputed calculations/billings. However Callmatic's decision in respect of payments due will be final.

In order to avoid interruptions in the services caused by rejected credit or debit card charges, callmatic reserves the right to update your credit or debit card details (such as expiration dates) where this is not prohibited by law. You understand and agree that callmatic is entitled to obtain such updated card details, store them and use them to bill charges.

15. Providing Notification to Callmatic®; Contact from Callmatic

You must promptly notify Callmatic of changes to (a) the account number or expiration date of your designated credit or debit card; (b) your billing address for the designated credit or debit card; and (c) the name of each minor whom you have authorized to use your Callmatic™ account. You must also promptly notify Callmatic if your card is cancelled. Callmatic may contact you by phone, email or SMS message in an effort to help you in the event of any unresolved issues which are evident with payment collection evident on Callmatic’s systems, including issues concerning any payment failure outstanding invoices. You hereby authorize Callmatic to make such contact.

16. Free trial offer:

  • Each customer is limited to one (1) free trial account per service.
  • You may be entitled to use the Services for a specified period of time before being charged and generally there are usage limits associated with this free trial period. If you cancel your Account prior to the end of such free trial period, and you have not exceeded the usage limits included in the offer, you will not be billed. If you exceed the usage limits included in the free trial offer you signed up for, one or more of the following actions may occur: (i) you will be upgraded to a paid customer for that service and your credit card on file will be charged immediately, (ii) you will be notified that you have exceeded your offer limits and given the option to cancel or upgrade, (iii) your Account will be suspended pending further action by you or by Callmatic or (iv) you will be charged beyond usage limits included in the offer.
  • If you subscribed to the Services pursuant to a special offer granting you a free trial period, your initial monthly or annual service fee or some smaller fee will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with Callmatic's verification procedures, as may be established by Callmatic from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before Callmatic reasonably could act on your notice.

If you are a consumer, your free trial period includes the 14 day Cancellation Period.

17. Ownership

All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Services are wholly owned by Callmatic and/or its licensors and service providers except where expressly stated otherwise. You may not use Callmatic’s trademarks, trade names, patents, copyrights or other intellectual property rights without Callmatic’s prior written permission.

You further understand and agree that you are not the owner of any number assigned to you by callmatic. Ownership of any such number is vested solely in callmatic (and you are given a revocable license to use such number in accordance with the prevailing terms of use applicable to your service as specified in this agreement). You are expressly prohibited from causing or attempting to cause the number assigned to your account to be transferred to any other service provider, telephone carrier or any other person or entity (also sometimes referred to as “porting” the telephone number). In the event you are found to have violated this prohibition you agree to immediately return the number to callmatic and pay to callmatic an amount equal to €400 (or the equivalent in local currency). You authorize callmatic to charge your account credit card or take any other measures required to collect this payment. You agree that this payment represents liquidated damages reflecting a reasonable measure of the actual or anticipated harm and damages caused to callmatic from such violation in light of the difficulties of proof of callmatic’s loss and that this payment is not a penalty. Some jurisdictions do not allow limitations to be placed on your right to port the number assigned to you, so some of these limitations may not apply. However, even if you are entitled to port such number, you understand and agree that it may not be possible to do so, e.g. when no porting agreement exists between your and our telephone carrier or for any other reason.

If you “ported in” a telephone number in connection with your use of the services or are entitled to “port out” a number under local law, you may “port out” that number upon termination of your callmatic™ account only if you satisfy the following requirements: (i) you provide written notice to callmatic of your intention to “port out” the telephone number associated with the terminated callmatic™ account no later than thirty (30) days after the date of termination of your e voice account (the “porting notice period”); (ii) your new telephone carrier provides our telephone carrier with a duly executed porting request prior to the expiration of the porting notice period; and (iii) prior to the expiration of the porting notice period, callmatic has received an administration fee to cover its costs associated with processing the port in an amount of (a) €40 (or the equivalent in local currency) if you “ported in” the telephone numb0er or (b) £65 if you are entitled to “port out” a number under local law. You hereby authorize callmatic to charge your credit card in the applicable amount or to otherwise arrange to make this payment to callmatic within the porting notice period. If you fail to satisfy these requirements, the telephone number you “ported in” will become the sole and exclusive property of callmatic.

You understand and agree that following the termination of your callmatic™ account for any reason, such number may be re-assigned immediately to another customer, and you agree that callmatic will not be liable for damages (including consequential or special damages) arising out of any such re-assignment, and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if callmatic has been advised of the possibility of damages.

You further understand and agree that callmatic may from time to time need to change the number assigned to you (whether due to an area code split or any other reason whether outside or within callmatic's control). You agree that callmatic will not be liable for damages (including consequential or special damages) arising out of any such change in the number assigned to you, and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if callmatic has been advised of the possibility of damages.

18. Indemnification

You agree to indemnify Callmatic and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your Callmatic™ account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations, including but not limited to any violation of any laws or regulations prohibiting unsolicited telemarketing phone calls.

19. No Resale of the Services

Your right to use the Services is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the Services.

20. Storage of Voicemail and Call Detail Records

While your Callmatic™ account is active, Callmatic will store voice messages received through your Number and call detail records for a limited period of time only. You acknowledge that Callmatic may change its practices and limitations concerning storage of voice messages and call detail records at any time. You further agree that Callmatic has no responsibility or liability whatsoever for the deletion or failure to store any voice messages, call detail records and/or other communications maintained or transmitted by the Services.

21. Promotions

Callmatic may send email to its customers, concerning Callmatic services or other services which it deems may be of interest to them. If at any time a subscription Service customer wishes to withdraw his or her agreement to be contacted in such a manner, he or she may do so by advising Callmatic thereof. No further marketing emails promoting other services will then be sent to the customer, but Callmatic may continue to send the customer emails advising the customer of system changes and Services affecting changes in respect of the Services to which the customer has subscribed.

22. Notices; Consent

Notices given by Callmatic to you will be given by email or by a general posting on the Callmatic™ Website (for the Callmatic™ Services) or by conventional mail. In any matter requiring Callmatic's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of Callmatic. Notices given by you to Callmatic must be given by email or by conventional mail (subject, however, to Callmatic's verification procedures, as may be established by Callmatic from time to time in its sole discretion, and which may include the requirement that you contact Callmatic by phone so as to confirm that any such notice was in fact sent by you). Notices to Callmatic by conventional mail must be sent to Callmatic, Unit 3, Woodford Business Park, Dublin 17, Ireland.

23. General Terms

The laws of the state of california, u.s.a., excluding its conflicts-of-law rules, govern this agreement and your use of callmatic software and services. The un convention on contracts for the international sale of goods is expressly disclaimed. You expressly agree that exclusive jurisdiction for any claim or dispute arising from the use of callmatic software or services resides in the united states district court for the central district of california or a superior court for the state of california located in los angeles county. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Callmatic's failure to act with respect to a breach by you or others does not waive Callmatic's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. Callmatic shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Callmatic's reasonable control These Terms of Service are effective on August 18th, 2014, for current users, and upon acceptance for new users.

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