TOP NOTCCH VIRTUAL RECEPTIONIST TERMS & CONDITIONS
These Terms and Conditions constitute an agreement (“Agreement”) between you (“you”, “your”,
“user” or “Customer”) and TOP XXX VIRTUAL RECEPTIONIST, LLC. (“XXX”, “us”, “we” or
“our”) for virtual telecommunication services, answering services, call center services, and any related
products or services (“Services”). This Agreement governs both the Services provided and any assigned
toll-free and/or local number account (“Telephone Number”) used in connection with the Services.
1. HOW DO I ACCEPT THESE TERMS AND CONDITIONS?
You can accept our Terms and Conditions by taking any of the following actions: (i) by providing your
electronic signature accepting these Terms and Conditions on our website at https://notcchvirtual.com/
; or (3) by requesting a paper copy of our Terms and Conditions through our Website or over the
telephone and returning a signed copy to our offices. By accepting our Terms and Conditions you have
placed an order for our services (your “Order”) and you are agreeing to be bound, without limitation or
qualification, by the terms of this Agreement.
By accepting our Terms and Conditions, you represent and warrant that you are at least 18 years of age
or the applicable state age of majority and that you possess the legal right and ability to enter into this
Agreement. If you are entering this Agreement on behalf of a partnership, corporation, LLC or other
similar business entity, you represent and warrant that you possess the power, authority and capacity to
enter into and perform this Agreement, and further that you have taken all proper and necessary action
to authorize the execution, delivery and performance of this Agreement.
2. HOW DO I KNOW MY ORDER HAS BEEN ACCEPTED?
After we receive your electronic signature or after you have registered for our Services over the phone,
we will send you an email confirming our acceptance of your Order, confirming your Free Trial Period or
Service Plan and creating your Account. We will also confirm the date on which you we will begin to
provide you with Services (“Order Confirmation”). If you elect to accept our Terms and Conditions using
a paper form, we will mail you your Order Confirmation.
TOP NOTCCH reserves the right at any time to contact you to re-confirm your Order and the provision of
your Account in order to avoid fraud. In the event that TOP NOTCCH suspects the placement of a
fraudulent Order (even after you have received an email confirmation of acceptance of your order and
the provision of your Account), we may suspend or terminate your Service Plan. In the event that TOP
NOTCCH has reason to suspect an Order has been fraudulently obtained or that your Account is being
used for fraudulent or illegal activities, TOP NOTCCH may, immediately and it its sole discretion
interrupt, suspend, restrict or terminate your Account without notice to you.
3. HOW LONG IS THE TERM OF THIS AGREEMENT?
The initial term of this Agreement begins on the date we activate Services for your Free Trial Period or
your Service Plan. Your Free Trial Plan ends after three (3) days or after you have utilized 200 minutes,
whichever comes first. If you have elected a Service Plan, it continues through the end of that calendar
month. Thereafter, this Agreement will continue in full force and effect from month to month until
terminated in writing with thirty (30) days’ notice by either party pursuant to the terms of this
Agreement. Your Free Trial Plan and your Service Plan end pursuant to the terms of the Free Trial Plan
and the terms of the Service Plan respectively. TOP NOTCCH will attempt to notify you via email and/or
telephone to give you notice that your service is being terminated. TOP NOTCCH is not responsible for
business disruption or damages to your business because your Free Trial Plan ends or your Service Plan
terminates.
4. HOW DO I PAY TOP NOTCCH FOR SERVICES?
As part of your registration for our Services you are required to provide TOP NOTCCH with a valid form
of payment, such as your debit card, credit card, Paypal account or to collect echecks from your bank
account (“Electronic Payments”). You authorize us to charge or collect these Electronic Payments for
your Initial Payment, your Monthly Payments, Immediate Supplemental Service Payments, all of which
are described in more detail below in Sections 6. If your form of Electronic Payment is suspended or
denied, TOP NOTCCH reserves the right to immediately suspend or terminate your Account.
You agree to advise us of any changes to your debit card account, credit card account, Paypal account or
echeck account number, billing address, or expiration date.
Should an Electronic Payment be declined for any reason, we will attempt to charge it again as follows:
2nd attempt after 1 (one) day, 3rd attempt after 6 (six) days. If the third attempt at an Electronic
Payment is unsuccessful, your account will be terminated and we will notify you of such termination by
email, by, or by telephone. Notwithstanding the previous section, if your Electronic Payment is declined
for a charge within 90 days of the date you opened your account, your account will be canceled
immediately and the phone number on your account may be unavailable.
Accounts will be terminated if we are not able to confirm an order by phone and do not receive any
replies from the account holder. A credit or debit card or other authorization form will be required to
reactivate such accounts. After reactivation, the phone number on your account may be unavailable and
you may be assigned a new account phone number.
5. WHAT DOES TOP NOTCCH CHARGE FOR ITS SERVICES?
Each month you will be charged a base fee for the Service Plan you have elected (your “Base Fee”). Your
Base Fee includes (i) a flat monthly service fee which includes the calling charges defined by your Service
Plan within the continental United States (ii) an additional second rate (if you exceed the number of
calling minutes on your Service Plan, TOP XXX will bill you for the minutes you use above your
allowance) all of which is listed on the rate schedule posted on our Site (the “Rate Schedule). Your Base
Fee also includes regulatory and government fees, all taxes and surcharges, including regulatory
recovery fees associated with the Services provided under your Service Plan. TOP XXX does not
forward, transfer or “patch” calls to numbers outside of the United States.
TOP XXX services are measured by seconds. We do not round up. So, if a call lasts six (6) seconds,
then your Service Plan will be charged six (6) seconds. However, the length of your call is not limited to
talk time. Billable time will also include time needed for operators or other staff to provide services
required by any particular call.
In addition, if you use Services not covered under your Service Plan (“Supplemental Services”), you will
be charged additional fees (“Supplemental Service Fees”).
Supplemental Services include, but are not limited to, additional minutes you used (which exceeded the
number of calling minutes in your Service Plan), long distance calls, call patching, automated services,
and other Services.
Supplemental Service Fees, include but are not limited to, additional second charges, long distance and
directory assistance charges, fees related to call forwarding, adding additional sub-accounts and/or
merging accounts, returned check fees and costs, regulatory and government fees, and for all taxes and
surcharges, including regulatory recovery fees, imposed on you or us as a result of your use of the
Supplemental Services all of which are posted on the Rate Schedule, collection fees, including but not
limited to reasonable attorneys’ fees and costs.. Supplemental Service Fees include initiation fees and
additional fees for optional features, add-ons, and other added products and Services. Fees for these
Services are listed on the Rate Schedule.
TOP XXX reserves the right to update the Rate Schedule including change its pricing and/or billing
practices in its sole discretion. TOP XXX may introduce new products and Services at special
introductory pricing. Introductory pricing may change at discretion by TOP XXX. TOP XXX bills
usage charges in one (1) second increments. A monthly minimum base rate applies as per the terms of
your Service Plan.
If you anticipate an increase or spike in usage, we require you to provide us with at least ten (10)
business days’ notice so that we may property staff your account. In order to provide excellent service
to all of our customers we reserve the right to limit or restrict calls and other services if they exceed the
number or level of calls anticipated based upon your specific Service Plan.
6. WHEN WILL YOU COLLECT ELECTRONIC PAYMENTS FROM ME? (WHEN WILL MY ACCOUNTS BE
CHARGED?)
Initial Payment. When you accept the Terms and Conditions of this Agreement, you are authorizing us to
collect an Electronic Payment which represents a pro-rated Base Fee for the balance of that month, and
all applicable initiation and origination fees, and taxes, surcharges and recovery fees associated with
your Service Plan (the “Initial Payment”).
Monthly Payments on or About the First Business Day of Each Month. We will provide you with an
invoice that reflects your Base Fee for the current month and accrued charges for Supplemental Services
for the preceding month (not already billed pursuant to an Immediate Supplemental Service Payment).
(your “Monthly Bill”). Your Monthly Bill is due on receipt (the “Due Date”). You authorize us to collect an
Electronic Payment each month to satisfy all charges shown on your Monthly Bill.
Immediate Supplemental Service Payments. In addition to authorizing monthly Electronic Payments to
pay the charges shown on your Monthly Bill, you authorize us to charge your debit card, credit card,
Paypal account or to collect an echeck at any time during a monthly billing period for Supplemental
Services. If the cost of your Supplemental Services in any month exceed the Threshold Amount, you
authorize us to immediately collect an Electronic Payment to pay for these Supplemental Services
(“Immediate Supplemental Service Payment”). You authorize us to collect Immediate Supplemental
Service Payments without additional notice or consent. If your usage exceeds the Threshold Amount,
you authorize us to increase or upgrade your Service Plan to a Service Plan that matches your usage. The
Threshold Amount is set by TOP XXX and may vary based on your service plan, payment history, and
usage. If the form of Electronic Payment on file is declined or otherwise suspended, TOP XXX
reserves the right to terminate or suspend your Account.
Adjustments to Billing Cycles. You will receive our invoices on a monthly basis. Billing cycle end dates
may change from time to time. When a billing cycle covers less than or more than a full month, we may
make reasonable adjustments and prorations.
7. HOW DO YOU BILL ME IF I SIGN UP FOR A FREE TRIAL PERIOD?
TOP NOTCCH may from time to time offer a Service Plan or individual Services for a free trial period
subject to different terms. All Terms and Conditions within this Agreement apply during a free trial
period.
8. HOW DO YOU BILL ME IF I USE GIFT CARDS, DISCOUNT CARDS OR OTHER SIMILAR PROMOTIONS?
Gift Cards, Discount Cards, and other promotions (each a “Promotion”) have no cash value and are valid
only for the purchase of a new account from TOP NOTCCH. If you subscribe to TOP XXX Service
using one of these methods, we will be required to provide us with debit card, credit card, Paypal or
other echeck or other payment information. You will be charged when the value of your Account and
Service charges exceed the value of the promotion. We will collect this charge through an Electronic
Payment which will occur immediately if the charges you incur exceed the Threshold Amount, or in the
first regular billing cycle in which the difference exceeds $0, whichever comes first.
By using a Promotion to obtain TOP XXX Services, you hereby agree and consent to TOP XXX
publicizing the existence (but not the terms) of the relationship contemplated hereunder as a part of
promotional and marketing activities from time to time by TOP XXX.
9. HOW WILL I KNOW IF TOP XXX CHANGES THESE TERMS AND CONDITIONS, MY SERVICE PLAN
OR THE RATE SCHEDULE?
TOP XXX reserves the right, at any time, to change, modify or amend these Terms and Conditions,
your Service Plan or the Rate Schedule (an “Amendment”). In the event that we make an Amendment,
we will provide you with notice via email and/or we will post the change on our Site (“Notice of
Amendment”). Our Terms and Conditions, Service Plans and Rate Schedule are always available for you
to review on our Site.
Each Amendment shall have an effective date which shall be not less than 15 days after the Notice of
Amendment. If you do not agree to the terms of the Amendment you may terminate this Agreement by
giving us written notice within 15 days of receipt of the Notice of Amendment.
Notwithstanding anything to the contrary, no Notice of Amendment shall be required for an
Amendment to effective to prevent fraud or illegal activity.
We reserve the right assign all or part of our rights or duties under this Agreement in connection with a
sale of all or substantially all the assets of TOP XXX to a third party without notice to you; provided
any such third party shall be obliged to honor the terms of this Agreement.
If you use TOP XXX services after receipt of Notice of an Amendment you are accepting the terms of
the Amendment and agree that your Service Plan shall be subject to the terms of the Amendment.
10. HOW DO I ACCESS MY ACCOUNT OR CHANGE MY SERVICE PLAN?
When you receive your Order Confirmation, you will be able to access your Account using an email as
your User ID and a login password you will create (“Login Password”). The use of your Login Password
helps us to protect you and your Account. Certain pages on our Site or the access to the Services and/or
your Account may be accessed only by use of your Login Password. You are solely responsible for all
uses of the Site and/or the Services and/or your Account. If your Services or Accounts are fraudulently
used, you agree to immediately notify us of such unauthorized use. We have the right to interrupt,
restrict or terminate Services to your Account, without notice to you, if we suspect fraudulent or abusive
activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention
measures we prescribe. If we suspect fraud on your account we reserve the right not to refund your
charges under the 30 Day Money-Back Guarantee.
TOP XXX reserves the right, in its sole discretion, to block access to certain international countries
and locations that are frequently implicated in fraudulent calls.
You may not assign this Agreement without our prior written consent.
11. WHAT HAPPENS IF I FAIL TO PAY MY BILL ON TIME?
Time is of the essence for payment. Therefore, if we are unable to collect your Base Fee or
Supplemental Service Fee as per the terms of this Agreement on the Due Date, you agree to pay us
interest at the lesser of (a) 18% per annum or (b) the highest amount allowed by law for any amounts
unpaid as of the Due Date. In addition, any payment(s) not received within seven (7) days after the Due
Date are subject to an administrative processing fee of $45.
Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of our rights to
collect the full amount due under this Agreement. If we are charged a fee due to a returned check,
notice of any disputes must be in writing and received by us at our address within thirty (30) days after
the invoice date or you will waive any objection. If your Account is suspended for non-payment, we will
require you to pay all past due amounts, all open balances that may not have become “past due” prior
to reactivation of your Account, and any new charges that may include a pro-rated Base Fee for the
balance of that month and the full Base Fee for the subsequent month.
12. WHAT RIGHTS DO I HAVE TO USE TOP NOTCCH MATERIAL?
All materials (“Materials”) and content (“Content”) on the Site are provided by and owned by TOP
NOTCCH unless indicated otherwise. All intellectual property rights in the Materials, Contents and
Services (including copyrights, trademarks, service marks, trade secrets and patents) are the property of
TOP NOTCCH. TOP NOTCCH retains all copyrights in the individual pages on the Site, and their
components, and collective works (“Works”) available at the Site.
You agree not to use the Materials, Content, Services and your Account for any unlawful or abusive
purpose or in any way which interferes with our ability to provide Services to our customers, or damages
our property.
The Materials and Services are copyrighted and are protected by federal and worldwide copyright laws
and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted,
transmitted, performed, or distributed in any way, without TOP XXX’ prior written permission.
Trademarks and copyrights including the TOP XXX logo is the property of TOP XXX. All other
names and trademarks are the property of their respective holders.
You are authorized to download one copy of the materials (the “Materials”) and/or Content found on
this Site for use with the Services and/or Accounts. This is a license, not a transfer of title, and is subject
to the following restrictions: unless you receive prior written consent from us and unless you receive any
required regulatory approvals, you may not: (a) modify the Materials, Content, Services or Accounts or
use them for any commercial purpose or any public display, performance, sale or rental; (b) decompile,
reverse engineer, or TOP XXX software, Materials, Content, Services or Accounts; (c) remove any
copyright or other proprietary notices from the Materials, Content, Services or Accounts; (d) unless
otherwise provided herein, transfer or resell the Materials, Content, Services or your Account to another
person. You agree to prevent any unauthorized copying of the Materials, Content, Services and
Accounts.
You agree that we, in our sole discretion, may terminate this license at any time, for cause. Upon
termination, you will immediately destroy any copies of the Material, Content and Works in your
possession.
13. HOW CAN I TERMINATE THIS AGREEMENT?
You may terminate this Agreement at any time with thirty (30) days’ notice in accordance with the
immediately following procedure. You must give such notice of termination by “Submitting a Support
Ticket” to our Billing Department. Upon receipt of your Ticket, indicating your desire to terminate this
Agreement, we will send to you an email to confirm that your termination notice was received
(“Cancellation Email”). If you do not receive a Cancellation Email your termination notice may not have
been received by us. You may contact our Customer Support Department at 866-668-8912. Your
termination request will be fulfilled within three (3) business days. Because some charges may have
accrued prior to your termination, a final payment will be processed and due on receipt. If Services are
terminated before the end of your invoicing cycle, we won’t prorate charges to the date of termination
and you won’t receive a credit or refund for any unused Services. You must cancel your subscription
before the next Billing Cycle Date.
14. HOW CAN TOP NOTCCH TERMINATE THIS AGREEMENT?
We may terminate this Agreement at any time and for any reason.
If you fail to pay any amount owed to after the due date, or if you have in the past failed to pay amounts
due us or an affiliate of ours, or if you breach any representation to us or fail to perform any of the
promises you have made in this Agreement, or if you are subject to any proceeding under the
Bankruptcy Act or similar laws, you will be in default and we may, in our sole discretion and with or
without prior notice, restrict or terminate Services and/or terminate this Agreement, in addition to all
other remedies available to us.
Upon termination of this Agreement and/or your Services, your right to use the Services immediately
ceases. You shall have no right and we will have no obligation thereafter to forward any unread or
unsent messages to you or any third party. We may require reactivation charges to renew Services after
termination or suspension.
Upon termination, you are responsible for paying all amounts and charges owing under this Agreement.
15. HOW DOES A FORCE MAJEURE EVENT IMPACT OUR AGREEMENT?
In the event of a Force Majeure event, including but not limited to an act or acts of God, acts of the
public enemy, acts or omissions of other parties (including litigation by third parties), flood, fire,
epidemics, quarantine restrictions, embargoes, earthquake, explosion, the elements, unusually severe
weather, or other casualty, war, terrorism, blockade, security problems, insurrections, riots, mob
violence or civil disturbance, acts of the Federal government, acts of other parties, inability to procure or
a general shortage of labor, equipment or facilities, energy, freight, materials or supplies in the open
market, failure of transportation, strikes, walkouts, boycotts, picketing, slow-downs, work stoppages or
other labor actions, or delays due to any of the foregoing such causes, and actions or inactions by any
Federal, State or Governmental Body with respect to the Service or Material, both you and TOP XXX
are excused from our obligations under this Agreement, except for the obligation to pay money.
16. DO I CONTROL THE TOLL FREE AND LOCAL TELEPHONE NUMBERS ASSIGNED TO MY ACCOUNT?
You are in control of and may use any toll free and local telephone number assigned to you by TOP
NOTCCH or transferred by you to TOP XXX (your “Numbers”), however those numbers remain the
property of TOP NOTCCH. Following the termination or suspension of your Account, TOP XXX may
reassign your numbers to another TOP XXX customer and you lose all interest, rights and control of
those is your responsibility to ensure that the number is activated and operational on your account
BEFORE advertising the number in ANY way.
17. CAN I USE TOP XXX SERVICES TO CONTACT 911-EMERGENCY? (NO)
TOP NOTCCH IS NOT A “DIAL-TONE” PROVIDER. IN THE EVENT OF AN EMERGENCY WHILE USING OUR
SERVICES, HANG UP AND DIAL “911”. YOU MUST USE THE TELEPHONE SERVICE PROVIDED BY YOUR
LOCAL CARRIER TO MAKE A 911 CALL.
18. WHAT ARE TOP NOTCCH’S PRIVACY POLICIES?
The very nature of the Services we provide requires our staff to receive, store, relay and monitor
telephone and electronic communications on your behalf, and maintain records relating to your Account
(“Your Information”). We realize that keeping this information confidential is an important part of the
Services we provide to you. We release and share this information as follows:
We release Your Information to you and to those you designated as per the terms of your Service Plan.
If necessary and to the extent required by law, we will release Your Information to law enforcement
agencies and other governmental regulatory bodies. We will promptly notify you of such a release as
permitted by law.
We have obligations to share Your Information in response to subpoenas, court orders and other similar
legal requirements. We will promptly notify you if we are required to disclose information for this
purpose.
We are compliant with requirements of the Health Insurance Portability and Accountability Act (HIPPA)
and the Payment Card Industry Data Security Standard (PCI DSS).
Your Information includes information that is made available to us solely by virtue of our relationship
with you and your customers, such as details regarding the telecommunications services purchased,
including the type, destination, technical configuration, location and amount of use of such services. This
information and related billing information is known as Customer Proprietary Network Information
(CPNI).
TOP NOTCCH safeguards CPNI and complies with Federal Communications Commission (FCC) and other
rules requiring TOP NOTCCH to protect Customer CPNI. TOP NOTCCH will not disclose CPNI except in
accordance with applicable laws. For example, TOP XXX will not share CPNI with authorized
companies if a Customer notifies TOP XXX that its CPNI may not be shared. TOP NOTCCH will not
share CPNI with unrelated third parties. To opt out of CPNI sharing, please contact TOP NOTCCH.
TOP XXX is fully committed to ensuring the protection of Customer CPNI. The company advises all
employees, even those not likely to come into contact with CPNI as part of their routine job functions, of
the necessity for data privacy. All TOP XXX employees are trained in the use and disclosure of CPNI
and are subject to the company’s CPNI policies. Employees that fail to abide by TOP XXX policies
may be subject to disciplinary action up to and including dismissal. Except in cases where TOP XXX is
directed by an appropriate law enforcement agency to refrain from or delay Customer notification of a
CPNI breach, TOP XXX will notify any Customers affected by a CPNI breach. This notification will
include the details of breach and what steps TOP XXX has taken to ensure a similar breach will not
reoccur. Further, TOP XXX will notify the United States Secret Service (USSS) and the Federal Bureau
of Investigation (FBI) as required by law. TOP XXX will keep records of such breaches as required by
law.
TOP XXX will adopt further safeguards and comply with additional CPNI requirements, including
filing its annual CPNI Certification, as required by law.
TOP XXX reserves the right to monitor and record your calls and electronic communications for
quality assurance. By accepting these Terms and Conditions you authorize our monitoring and recording
of your calls to us concerning your Account or the Services and you consent to our contacting you from
time to time by means of (a) automatic dialing equipment, (b) live operator communications, or (e) all
other electronic means like e-mail or SMS messaging.
19. WHAT ARE THE LINKS TO OTHER MATERIALS AND OTHER PROVIDERS ON YOUR SITE?
As a benefit to you, we will place HTML links to other websites on our Site. These linked sites are not
necessarily under the control of TOP XXX and TOP XXX is not responsible for the content of any
linked site or any link contained in a non-affiliated linked site. TOP XXX reserves the right to
terminate any link or linking program at any time. TOP XXX has selected the links for your
convenience. The selection or omission of links is not intended to endorse any particular companies or
products. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your
own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and TOP
XXX shall not be responsible for notification of any change in name or location of any information
on the Site.
We will sometimes place HTML links or advertisements on our Site for other service provides that we
think may compliment your needs. Our correspondence or business dealings with, or participation in
promotions of, advertisers found on or through this Site, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. YOU AGREE THAT TOP XXX, ITS PARENTS,
SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS,
EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER ARE NOT RESPONSIBLE OR
LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS OR AS
A RESULT OF SUCH ADVERTISERS ON THE SITE.
20. HOW DO WE CONTACT TOP NOTCCH FOR IMPORTANT NOTICES?
Except as otherwise provided in this Agreement, notices and other communications under this
Agreement shall be in writing and shall be delivered, mailed by first-class mail, postage prepaid or sent
by facsimile or electronic mail, addressed, if to you, at the address as kept in our files or at such other
address as you shall have furnished to us in writing, Attention Customer Service Department. Your
notice must specify your Name and Account Number. Each such notice, request or other communication
shall be effective (i) if given by mail, 72 hours after such communication is deposited in the mails with
first class postage prepaid, addressed as aforesaid, (ii) if sent by facsimile, when sent and receipt is
telephonically confirmed or (iii) if given by any other means (including, without limitation, by air
courier), when delivered at the address specified above. Oral notices shall be deemed effective on the
date reflected in our records.
21. DO YOU OFFER A WARRANTY FOR YOUR SERVICES AND MATERIAL? (WE DO NOT PROVIDE ANY
WARRANTIES)
TOP NOTCCH takes pride in the services we provide our customers. However, the inherent challenges in
interpersonal verbal, oral and other communication, including but not limited to poor telephonic
connections, language barriers, differences in speech dialects, hearing and speech impediments make it
impossible to guarantee that all messages that we receive will be perfectly transmitted to you and
otherwise limit the effectiveness of the services we provide. In light of these challenges we make
absolutely no warranties regarding the services we provide. TOP XXX human or technical errors
may impact your business, messages may not be accurately transmitted, information relayed may not
be accurate or timely. By accepting these Terms and entering into this Agreement you understand that
TOP XXX is not responsible to you for any damage or loss that you suffer arising out of a failure of
TOP XXX services.
THE MATERIALS, CONTENT, SERVICES AND ACCOUNTS ARE PROVIDED “AS IS.” WE MAKE NO
WARRANTIES REGARDING THE MATERIALS, CONTENT, SERVICES AND ACCOUNTS WHATSOEVER AND
DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR
PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. WE DO NOT
AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT
RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing
disclaimers may not apply to you insofar as they relate to implied warranties. If you rely on the
representations or warranties of any third persons with respect to the Services (including without
limitation by dealers or resellers of the Services) beyond those made by TOP XXX, your sole remedy
for such reliance is against the third person making such representation or warranty.
By accepting these terms and conditions you are acknowledging that you have read this WARRANTY
DISCLOSURE and that you agree to its terms and conditions.
22. IF WE HAVE A DISPUTE, HOW IS IT RESOLVED?
If you have a problem with our service or have a dispute with us we ask you to contact us immediately.
We take pride in providing excellent customer service.
By accepting these terms and conditions you agree that you must contact us in a good faith attempt to
resolve any dispute before advising your bank or card company of a disputed or disagreement regarding
a bill. You agree that you will promptly bring any dispute or problem to our attention within forty five
(45) days of the problem or issue occurring. You agree that if you fail to bring any problem or dispute to
our attention within forty-five (45) days, you waive the right to bring a dispute or complaint through
through your credit card company, bank or other electronic payment source.
If we are not able to resolve any dispute, the following provisions apply:
Governing Law: You Agree that this Agreement shall be governed by and construed in accordance with
the laws of the Commonwealth of Pennsylvania.
Jurisdiction and Venue: You and TOP XXX agree that any suit, action or proceeding arising out of or
relating to this Agreement shall be instituted only in a Pennsylvania state or federal court with
jurisdiction sitting in Montgomery County, Pennsylvania, United States of America. You and TOP
XXX each waive any objection you or TOP XXX may have now or hereafter to the laying of the
venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court
in any such suit, action or proceeding.
Jury Trial: You waive your right to have trial by jury.
Severability: If any part of this Agreement is held invalid or unenforceable, that portion shall be
construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and
effect.
23. LIMITATION OF LIABILITY.
IN NO EVENT SHALL TOP XXX, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE
MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY
UNDERLYING CARRIER BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT,
COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF OR RELATING TO (i) YOUR INABILITY TO USE
THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (ii) YOUR MISUSE OF THE MATERIALS, CONTENT,
SERVICES OR ACCOUNTS; (iii) NON PERFORMANCE OR A FAILURE OF THE SERVICES CAUSED BY ACTS OR
OMISSIONS OF ANOTHER SERVICE PROVIDER, (iv) EQUIPMENT OR SOFTWARE FAILURE OR
MODIFICATION; (v) TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, OR (vi) ACTS OF
GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL APPLY EVEN IF
TOP NOTCCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TOP NOTCCH ALSO MAKES
NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS,
CONTENT, SERVICES AND ACCOUNTS (1) WILL BE UNINTERRUPTED OR ERROR FREE; (2) IS FREE OF
VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) IS SECURE; OR (4) WILL MEET
YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY
OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY
VIRTUE OF YOUR USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNT.
IN NO EVENT SHALL TOP NOTCCH, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE
MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY
UNDERLYING CARRIER BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE
SERVICES, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICES.
SPECIALTY ANSWERING SERVICE MAY USE SUBCONTRACTORS TO PROVIDE SOME OR ALL OF THE
SERVICES HEREUNDER. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, TOP NOTCCH
SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU
AND TOP NOTCCH AGREE THAT IN NO EVENT SHALL LIABILITY OF TOP NOTCCH TO YOU FOR ANY
REASON EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD GIVING RISE TO SUCH
LIABILITY.
YOU AND TOP NOTCCH AGREE THAT THIS SECTION 24 OF THE AGREEMENT, “LIMITATION OF LIABILITY”,
IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND TOP NOTCCH. YOU ACKNOWLEDGE THAT,
ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, TOP NOTCCH WOULD NOT PROVIDE THE
SITE, MATERIALS, CONTENT, SERVICES, OR ACCOUNTS TO YOU.
THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL
SURVIVE TERMINATION OF THIS AGREEMENT.
By accepting these terms and conditions you are acknowledging that you have read this LIMITATION OF
LIABILITY section and that you agree to its terms and conditions.
24. INDEMNITY.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TOP NOTCCH, ITS PARENTS, SUBSIDIARIES,
AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES,
STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND
ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR
UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE
OF THE SERVICES, (B) ANY OTHER PERSON’S USE OF ANY ACCOUNT OR PIN YOU MAINTAIN, REGARDLESS
OF WHETHER SUCH USE IS AUTHORIZED BY YOU, OR (C) YOUR PROMISES OR STATEMENTS MADE IN
THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF
THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR
CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF
TOP NOTCCH OR ITS EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES. THIS
INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE
TERMINATION OF THIS AGREEMENT.
By accepting these terms and conditions you are acknowledging that you have read this INDEMNITY
provision and that you agree to its terms and conditions.
25. Sign Up FOR FREE at www.notcchvirtual.com 3 days of free services awaits!
START YOUR FREE TRIAL NOW CALL XXX Top XXX Virtual Receptionist is a leading call
center company, helping fast-growing close sales and delivering amazing live customer support 24 hours
a day for clients who are interested in that service. TNVR-friendly virtual receptionists and customized
call handling to create an outstanding virtual office experience. There are thousands of small businesses
our services. Try TNVR for free today.
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )