Novus Call Center Standard Terms and Conditions

 
This is an agreement (“Agreement”) for live agent and enhanced telecommunication services (“Service”) between you and Novus Call Centers (NOVUS) relating to your assigned Novus account number (“Number”). Any of the following actions constitutes your agreement, without limitation or qualification, to be bound by, and to comply with, the terms of this Agreement: (i) your initialization of the Service, either on the telephone or web page, through the use of your Number (ii) your registering for Service on our Web page and selecting “I Accept” as part of the registration process, (iii) ordering Service from our sales personnel, whether in person or by phone, and providing them or our accounting department or automated credit card service with your credit card number and billing information.
1. Term. The term of this Agreement for any service begins on the date we charge your credit card for any service. This Agreement will continue from month to month until terminated by either party upon 30 days written notice.
2. Use of Service and Account Number. You agree not to use the Service for any unlawful or abusive purpose or in any way which interferes with our ability to provide Service to our subscribers, or damages our property. You agree not to use the Service for any illegal activities. Resale of services, account number, or any part thereof, is prohibited without prior contractual arrangements with us and any required regulatory approvals. As set forth below, you have no ownership rights to the Service or to the account Number; we may change your Number by giving you notice, although we will take all reasonable steps not to do so. If your Service is fraudulently used, you must immediately notify us. We have the right to interrupt or restrict Service to your Number, 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. Upon termination of the Service, Customer’s right to use the Service immediately ceases. Customer shall have no right and NOVUS will have no obligation thereafter to forward any unread or unsent messages to Customer or any third party.
3. Charges. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement. You agree that you are responsible for paying all charges to your account for Service promptly and that all charges not disputed in writing within 30 days of invoice date will be paid by you regardless. Numbers are charged on the in-bound call only. Our offer of unused calls to rollover to the next billing cycle is for a 90 day period only, and any calls past the 90 days will expire.  The 90 days is for consecutive calendar days.  If services are suspended or placed on hold no calls will rollover and calls during that period will still expire after the 90 days.
4. Billing and Payment. Monthly charges and any applicable initiation charges are billed in advance. Payment of all charges is due upon receipt of invoice. Payment of monthly subscription charges for Services is due in advance of providing Services. If you have authorized payment by credit card, no additional notice or consent will be required for billings to that credit card or account. You will advise us of any changes to your credit card account, such as account number or expiration date changes. You agree to be responsible for all charges on any credit card you provide to us and agree to immediately reimburse us for any charges denied or charged back no matter the reason. You agree to handle all billing disputes and refund requests directly with NOVUS. For late payments over 30 days past date of invoice a fee of twenty dollars ($20) may be added to your Invoice.  We may assess an additional fee of fifty dollars ($50) for any check returned for nonpayment or chargeback initiated on your behalf. Notice of any disputes must be in writing and received by us within thirty days after the invoice date or you will waive any objection.
If you exceed your allotted call plan you may choose to pay an overage fee of one dollar ($1.00) per call for each call over the plan total or allow Novus to upgrade your account to the appropriate call plan for the next billing cycle to avoid overage charges.  Unless you have notified Novus that you prefer the per call overage fee you may be automatically upgraded to the appropriate call plan.
5. Default/Termination. If you fail to pay any amount owed after the due date it is in our sole discretion and with or without prior notice to suspend or restrict Service and/or terminate this Agreement, in addition to all other remedies available to us. We may require reactivation charges to renew Service after termination or suspension. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement. You agree to pay all costs including attorney’s fees, collection costs and court costs we incur in enforcing this Agreement through any appeal.
6. Account Changes. You may change Service features or Service plan by notifying us and paying our standard charges. Changes will take effect by your next billing cycle. Any person able to provide your name, address, and the Number is authorized by you to receive information about your account, and to make changes to the account.
7. Ownership of Services and Account Number. You understand and agree that you are not the owner of any telephone number assigned to you by NOVUS. Ownership of any such phone number is vested solely in those who provide these Numbers to NOVUS (who will assign such numbers to you for your use during the term of this Agreement). Following the termination of your service for any reason you will no longer have access to such number. In either case, such phone number may be re-assigned immediately to another subscriber and you agree that NOVUS 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 contract, tort or other grounds, even if NOVUS has been advised of the possibility of damages. You may request to obtain your number and have it ported to an alternate carrier with management approval.
8. Modification; Assignment. We may change or modify this Agreement from time to time, but any such change will be made in good faith, If you do not agree to the change, you may terminate this Agreement by giving us written notice within 15 days of receipt of our notice.
9. NO WARRANTIES. THE SERVICES ARE PROVIDED “AS IS.” WE MAKE NO WARRANTIES REGARDING THE SERVICE WHATSOEVER AND EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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
10. LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE IF OUR NONPERFORMANCE OR A FAILURE OF THE SERVICE IS CAUSED BY ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION, TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. WE ASSUME NO LIABILITY FOR SERVICE OUTAGES OR FOR FAILURE TO STORE, DELIVER OR TIMELY DELIVER ANY INFORMATION, MESSAGES OR CONTENT. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD GIVING RISE TO SUCH LIABILITY. WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECULATIVE OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS, EVEN IF NOVUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, RELIANCE ON THE SERVICE, INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE. WE SHALL NOT BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICE, OR ANY EQUIPMENT USED IN CONNECTION W ITH THE SERVICE. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS NOVUS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM (A) YOUR USE OF THE SERVICE, (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 AGREE TO PAY OUR REASONABLE ATTORNEYS’ AND EXPERT W ITNESS FEES AND COSTS INCURRED IN ENFORCING THIS AGREEMENT THROUGH ANY APPEAL. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTW ITHSTANDING THE FOREGOING, IN NO EVENT SHALL YOU BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR NEGLIGENT ACTS OF NOVUS OR ITS EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
EMERGENCIES. IN THE EVENT OF AN EMERGENCY WHILE USING YOUR SERVICE, HANG UP AND DIAL “911.”
11. Force Majeure. Either party shall be excused from any delay or failure in performance hereunder, other than the payment of moneys, caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war or government requirements.
12. Privacy. Novus’ Privacy Policy is set forth on the NOVUS Web Site (www.Novuscall.com). In addition, you authorize our monitoring and recording of your calls to us concerning your account or the Service and you consent to our contacting you from time to time by means of (a) automatic dialing equipment, or (b) your Service voicemail box.
13. Notices. Notices to you shall be effective when sent by email to the email address provided to us.  Written notice to us shall be effective when directed to our Customer Care Department and received at our address. Your notice must specify your name and Number. Oral notices shall be deemed effective on the date reflected in our records.
14. General Information. THE LAWS OF THE STATE OF UTAH, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF SERVICES, AND YOU EXPRESSLY AGREE THAT THE EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THE NOVUS SERVICES RESIDES IN THE STATE AND FEDERAL COURTS OF THE STATE OF UTAH, U.S.A. AND YOU CONSENT TO PERSONAL JURISDICTION IN SUCH COURTS W ITH RESPECT TO ALL SUCH CLAIMS OR DISPUTES. 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. This Agreement constitutes the entire agreement between NOVUS and you with respect to your use of NOVUS Services, and it supersedes all prior or contemporaneous communications and proposal, whether oral or written, between NOVUS and you with respect thereto. The failure of NOVUS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. In accordance with the Digital Millennium Copyright Act, it is the policy of NOVUS to terminate, in appropriate circumstances, the Service of any user who is a repeat infringer. However, NOVUS reserves the right to terminate or suspend the Service of a user for only a single infringement, and may or may not, in Novus’ sole discretion; attempt to contact such user prior to such termination or suspension.