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Terms of Use Policy

This legally binding contract (the "Agreement") is by and between GHansen Enterprises, Inc., a Florida corporation ("OnTime1405"), and you and your assigns, employees, agents or contractors ("You", "Your", the "Client") and is effective as of the date you purchase appointment reminder services from GHansen Enterprises. This Agreement sets forth the terms and conditions of Your use of GHansen Enterprises hosted software and calling services(collectively, the "Services") and represents the entire agreement between You and GHansen Enterprises relating to the Services. This Agreement contains provisions that set forth GHansen Enterprises Acceptable Use Policy, Privacy Policy and guarantees of a certain service level (found in the "Uptime Guarantee" and "Service Level" sections below).

By purchasing the Services, You acknowledge and agree that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that GHansen Enterprises may establish and post on its website from time to time.

Description of Services

GHansen Enterprises provides the Services to its customers for a monthly fee. GHansen Enterprises will provide You an account on one or more of its dedicated servers, provided, however, You abide by the terms and conditions set forth in this Agreement and in any other agreement pertaining to other services and software access you may purchase. GHansen Enterprises reserves the right to modify its software code and hosting services used to provide the Services for purposes including, but not limited to, accommodating evolving technology and increased call service demand, and providing ongoing product updates. GHansen Enterprises shall use reasonable efforts to notify You in advance of any planned changes to GHansen Enterprises server(s) or facilities that may adversely affect the Services provided under this Agreement.

Fees

Fees for Services ordered by You shall be charged beginning on the date of the initial order and signed agreement and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.

From time to time it may be necessary to make adjustments in the fees and surcharges charged for the Services in order to cover certain changing costs (e.g., Voice Delivery) incurred by GHansen Enterprises in providing the services. Such adjustments will be reflected on the statement or invoice provided to you for the Services, and you agree to pay for the fees and surcharges for the Services, as adjusted.

Payment Options

GHansen Enterprises provides several options for payment:

1. Credit Card on File. When you place a credit card on file with GHansen Enterprises, we will, typically, bill the card a few days before your invoice is due. If the credit card charge is expired, not authorized or declined by our processing company, we will notify you via E-mail. We request that you update your card promptly. If your invoice becomes more than 3-days past due (from the invoice Due Date) then GHansen Enterprises reserves the right to suspend service or terminate service after 5 days past due until payment is received.
2. Checks, Money Orders, Wire Transfers and Pay Pal payments. GHansen Enterprises accepts only credit and debit cards at this time.

Late Payment

GHansen Enterprises reserves the right to charge a late fee of 10% per invoice per month on late payments. Invoices will be automatically considered late once the invoice due date has passed.

Non-payment Termination

In the event you fail to pay your invoice within 3 days of the due date, we reserve the right to suspend your login credentials.

If you are still past due on the 5th day from the due date on the invoice, we reserve the right to terminate your service entirely and remove your account from the server(s).

If you are terminated for non-payment, we also reserve the right to refer your account to a third party collection agency and you agree to pay any collection fees or legal fees we may be charged to collect on your debt.

Cancellation and Refunds

GHansen Enterprises is not able to schedule cancellation. When you request cancellation, we will follow this process. We will first contact you to confirm the cancellation and verify that you are authorized under your account to cancel it. Then, we will immediately suspend billing and cancel the login credentials. We are not able to provide scheduled cancellations and all cancellations are effective immediately. Regarding mid-month or mid-period cancellations, GHansen Enterprises will not issue pro-rated refunds for cancellations received in the middle of a payment cycle.

Refunds will not be given on a pro-rated basis for Services provided in a given billing period. Receipt by you of any Services in a given period will obligate you to pay for the Services during that entire billing period.

Term and Termination and Money Back Guarantee

You agree to a month to month term for the Services unless otherwise agreed to in writing. The month to month term for services is automatically renewed each month unless either party notifies the other in writing of its desire that the Agreement not be renewed, no later than three (3) days before the next upcoming anniversary date for billing. You may cancel Your account by terminating this Agreement in this manner by contacting the GHansen Enterprises billing department via the main number listed on the www.ontime1405.com or by contacting billing@ontime1405.com

GHansen Enterprises may terminate this Agreement effective immediately and without notice upon any breach by You of any of the terms of this Agreement. In such event, GHansen Enterprises shall have no obligation to refund any fees paid in advance by You.

Chargebacks and Payment Disputes

Under this Terms of Service agreement you must first contact GHansen Enterprises to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question.

By using our services You agree to the above policy and to contact GHansen Enterprises before contacting your financial institution to seek a resolution.

In the event you dispute charges contrary to this agreement, we reserve the right to add a $100 collection chargeback fee and to refer your account or sell your debt to a third party collection agency. We also reserve the right to take further legal action against you.

Promotional or Special Offers: Pre-payment Offers

From time to time, GHansen Enterprises may offer discounted pricing for initial introductory periods (e.g., discounted fees for the first months service and/or free trials.) A condition of such discounted pricing may be the requirement that prepayment for a period longer than the introductory period be paid. For example, the first month's service may be offered for a discount, with the standard pricing going into effect during the second month, with a quarterly prepayment being required. Promotional offers are non-refundable.

Promotional or Special Offers: Other Types of Offers

From time to time, GHansen Enterprises may offer promotional or special offers as sales incentives. These offers may be comprised of discounts, free time, free services, discounted services, trial offer periods and other types of offers. Such offers cannot be combined with other offers unless otherwise stated and are one-time use offers. One offer per client only. Offers are valid only where they are permitted by law. Offers are void where prohibited. Some offers (example: "Two Weeks Free Trial") require You, the Client, to contact GHansen Enterprises prior to the expiration of the trial period in order to avoid being re-billed. Offers which provide a discounted monthly rate for a specified period of time will reset automatically to the full monthly rate once the promotional period has passed and You, the Client, agree to pay, in full, the full monthly rate, unless You cancel in advance.

Tortuous Conduct

Any abuse towards any GHansen Enterprises employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing or calling GHansen Enterprises . Any cursing, yelling, or further intentional disruptive behavior aimed at GHansen Enterprises or its employees shall be considered a violation of this Terms of Service agreement.

Any threat; whether orally, verbally, in written, via E-mail, via Live Chat, delivered by second parties or delivered in any other way, and directed towards GHansen Enterprises or any of GHansen Enterprises 's employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service agreement. Threats of physical violence will be directed to the proper authorities.

No refunds shall be given when the above Tortuous Conduct clause is violation and necessitates the termination of an account or services.

Storage and Security

At all times, You bear full risk of loss of any content and contacts you place on the GHansen Enterprises servers. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the calls that may be made if the account is compromised. If your account is compromised and calls are spammed to unintended recipients, you are solely responsible for any resulting fees or legal ramifications.

Uptime Guarantee>

"Uptime" refers to the amount of time the Services are available, as measured solely and only by GHansen Enterprises 's internal monitoring systems. "Downtime" refers to the amount of time the Services are unavailable, as measured solely and only by GHansen Enterprises 's internal monitoring systems. GHansen Enterprises guarantees that its Networking and Connectivity services will be available 100% of the time. In the event such level of service is not provided, GHansen Enterprises will credit your account in an amount as determined in the chart below, reflecting credit percentages of the monthly fees paid by You to GHansen Enterprises for the Services.

1. 100% will result in a credit of: 0%
2. 99.1% to 99.9% will result in a credit of: 5%
3. 98% to 99% will result in a credit of: 10%
4. 95% to 97.9% will result in a credit of: 25%
5. 90% to 94.9% will result in a credit of: 50%
6. 89% or below will result in a credit of: 75%

To receive a credit, You must make a request by sending an email message to billing@ontime1405.com. Each request in connection with this Agreement must include the dates and times of the Downtime, the name and IP address of the server or servers which experienced the Downtime. The request must be received by GHansen Enterprises within ten (10) business days after the incident of Downtime. If the unavailability is confirmed by GHansen Enterprises , credit will be applied to Your GHansen Enterprises account within thirty (30) days of receipt of Your credit request.

Acceptable Use

You agree not to use the Services to:

• use the service for any type of marketing not clearly defined in the terms of this agreement;
• impersonate any person or entity;
• "stalk" or otherwise harass another person;
• intentionally or unintentionally violate any applicable local, state, national or international law;

Disclaimer of Warranties

You acknowledge and agree that GHansen Enterprises exercises no control over, and accepts no responsibility for, the content of the information passing through the host computers, network hubs and points of presence or the Internet. NEITHER GHANSEN ENTERPRISES , ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT GHANSEN ENTERPRISES PROVIDES. NEITHER GHANSEN ENTERPRISES , ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. GHANSEN ENTERPRISES IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CLIENTELE VIA THE SERVICES PROVIDED BY GHANSEN ENTERPRISES.

Indemnification

You agree to indemnify, hold harmless, and defend GHansen Enterprises and all directors, officers, employees, and agents of GHansen Enterprises from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) arising out of or relating to the use of the Services by You, including any violation of the Acceptable Use Policy set forth in this Agreemnet. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.

Limitation of Liability

IN NO EVENT SHALL GHANSEN ENTERPRISES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF GHANSEN ENTERPRISES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will GHansen Enterprises 's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by You for the Services during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. The provisions of this Agreement pertaining to Uptime Guarantee apply to credits available to you for system downtime.

Waiver and Modification

Except as otherwise provided herein, this Agreement may not be amended except through a writing executed by the parties. Any failure or delay in exercising any right, remedy, or power under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

Assignment and Severability

This Agreement shall be binding upon and inure to the benefit of You, GHansen Enterprises and their respective successors, and assigns. You may not assign this Agreement without the prior written consent of GHansen Enterprises , which consent will not be unreasonably withheld. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

GHansen Enterprises reserves the right to modify this agreement as needed without notice, and You agree that by creating, using, or otherwise engaging in business with GHansen Enterprises , that You have fully read, fully understand and agree to these Terms and Conditions. You understand that the Terms and Conditions in the Agreement are legally binding and that you are authorized to enter into such agreements on behalf of Your organization or Yourself.