Last Updated on March, 2019Download
This BellesLink Terms of Service and End User License Agreement (“Agreement”), is made by and between Belles Camp Communications LLC on behalf of itself and its affiliates and successors (“Belles Camp”) and the customer completing the sign-up page on the BellesLink website (“Customer”).1. TERMS AND CONDITIONS 1. SERVICES:
Belles Camp will provide to customer, its users (additional logins added to Customer’s account, “Users”) a non-exclusive, non-perpetual license to use BellesLink (collectively, the “System”) pursuant to the terms of this Agreement. Customer acknowledges and agrees that the price, form and nature of the System may change from time to time without prior notice to Customer. Customer acknowledges and agrees that Belles Camp may stop (permanently or temporarily) providing the System (or any features within the System) to Customer, or its Users, at Belles Camp’s sole discretion, without prior notice to Customer. Belles Camp may make changes to this Agreement from time to time. Any such new Agreement will be effective immediately. Customer understands and agrees that any such changes constitutes the Customer’s agreement to be bound by the new Agreement, and the personal guaranty granted by the undersigned signatory as provided in Section 16 shall be deemed in full force and effect as to the new Agreement.2. CURRENT PRICE SCHEDULE:
Current Pricing is listed on BellesLink’s website under “Pricing”. The Current Pricing can be found here3. TERM & TERMINATION:
The term of this Agreement shall be month-by-month from the date of execution. Customer will remain liable for payment of services during the month of termination, and Belles Camp may not refund all or any portion of payments made by Customer at any time, for any reason, during this term or prior to termination.
Notice of termination not accompanied by payment in full for services through the month of termination is of no force or effect; termination requires payment for services through the month of termination. In addition, Belles Camp may terminate this Agreement at any time with or without cause. Belles Camp will not refund all or any portion of payments made by Customer prior to termination.4. GOVERNMENTAL CHARGES:
In addition to Belles Camp’s right to change its price schedule without notice, Belles Camp may adjust its rates and charges or impose additional rates and charges in order to recover amounts it is required or permitted by governmental or quasi-governmental authorities to collect from or pay to others in support of statutory or regulatory programs (“Governmental Charges”). Examples of such Governmental Charges include, but are not limited to, Taxes, Universal Service funding, Primary Interexchange Carrier Charge cost recovery, and compensation payable to pay phone service providers for use of their pay phones to access Belles Camp’s service.5. PAYMENT:
Customer agrees to pay Belles Camp for all services in the form of a Credit Card. In the event that Belles Camp is unable to complete the electronic transfer to receive customer payment, Belles Camp will make every reasonable effort to contact Customer to resolve the problem with the Customer within a period of three (3) days from the invoice due date. Amounts that cannot be collected electronically shall be considered past due, and Customer agrees to pay a late payment charge of $25.00. Customer must give Belles Camp written notice of a dispute with respect to Belles Camp charges or application of taxes within three (3) business days of the date of an Invoice, or such Invoice shall be deemed to be correct and binding on Customer. Customer shall be liable for the payment of all fees and expenses, including attorney’s fees, reasonably incurred by Belles Camp in collecting, or attempting to collect, any charges owed hereunder. Customer’s payment, or non-payment, for Belles Camp’s services constitutes Customer’s representation, warranty and agreement that the services provided by Belles Camp during the subject billing period were satisfactory and acceptable to the Customer in all respects.5A. THIRD PARTY COLLECTIONS AGENCY:
Customer acknowledges and agrees that Belles Camp reserves the right to assign any debts owed to Belles Camp by Customer to a third party Collections Agency. Customers acknowledges and agrees that in doing so, this could affect Customers personal credit rating, because Customer agrees to be personally liable for payments (section 16).6. TERMINATION BY BELLES CAMP:
In addition to Belles Camp’s termination rights, in the event Customer fails to pay an Invoice within three (3) days of invoice due date, Belles Camp may discontinue service and/or terminate this Agreement, without notice, in the event Customer has not fully paid all undisputed Invoices. In addition, Belles Camp may discontinue service and/or terminate this Agreement immediately without notice to Customer if Customer provides false information to Belles Camp regarding the Customer’s identity, creditworthiness, or its planned use of the Services. Belles Camp may discontinue service immediately, without notice, if interruption of service is necessary to prevent or protect against fraud or otherwise protect Belles Camp’s personnel, facilities or services. Customer acknowledges and agrees that if Belles Camp disables Customer’s access to the System, Customer may be prevented from accessing the System, Customer’s account details and/or any files or other content which is contained in Customer’s account. If this Agreement is terminated by Belles Camp, all the remaining provisions shall continue in full force and effect.7. TRADE SECRETS AND CONFIDENTIAL INFORMATION:
Customer acknowledges and agrees that Belles Camp (or Belles Camp’s successors) own all legal right, title, and interest in and to the System. This includes (but is not limited to) any and all data generated by Customer while logged into the System—call history (inbound and outbound calls), text messages, call recordings, search history, notes, files uploaded—and any intellectual property rights which subsist in the System (whether those rights happen to be registered or not, and wherever in the world those rights may exist).8. NON-SOLICITATION AND NON-COMPETITION:
During the term of this Agreement and for a period of three (3) years thereafter Customer agrees that it will (a) not solicit any customer or prospective customer of Belles Camp for employment or the provision of services offered by Belles Camp or similar to the services offered by Belles Camp to such customer or prospective customer, nor will Customer (b) engage, hire, partner or employ any employee, consultant or contractor to Belles Camp, nor will Customer (c) solicit any employee, consultant or contractor to Belles Camp to terminate their position with Belles Camp, nor will Customer (d) compete with Belles Camp in offering Belles Camp’s services or System to customers, prospective customers or third parties. Customer acknowledges that the burdens imposed by this paragraph 8 are reasonable, not burdensome, and do not impose a hardship on Customer. Likewise, Customer acknowledges that the covenants of Customer contained in this paragraph 8 comprise a material inducement to Belles Camp’s execution of this Agreement and provision of services and the System to Customer, without which Belles Camp would not execute this Agreement or provide the System or services to Customer. Customer agrees that any actual or threatened breach of its obligations under this paragraph 8 may cause Belles Camp irreparable harm. Accordingly, in addition to any other remedy available at law or in equity, Belles Camp shall be entitled to injunctive relief in order to prohibit the violation of this paragraph 8 by Customer without the necessity of demonstrating actual monetary damage, and without the necessity of posting a bond or other security. Customer expressly waives the requirement that Belles Camp post a bond in order to obtain said injunctive relief. Customer acknowledges and agrees that this is a contract, inter alia, to protect trade secrets within the meaning of CRS 8-2-113(b).9. RESPONSIBILITY:
Customer agrees to use the System in a responsible and professional manner. Customer agrees that it will not engage in any activity that interferes with or disrupts the System (or the servers and networks which are connected to the System). Customer is solely responsible for the lawful use of Belles Camp’s products and services. Customer is solely responsible for compliance with all applicable rules, regulations and best practices, federal, state and local governmental regulations, including (but not limited to) The Fair Debt Collection Practices Act, The Truth In Caller ID Act of 2009, The Truth In Lending Act, all applicable Federal Trade Commission rules and regulations, the Consumer Credit Protection Act, The Fair Credit Reporting Act, The Gramm-Leach-Bliley Act, Mobile Marketing Association U.S. Consumer Best Practices Guidelines, CTIA (www.ctia.org) Inter-Carrier Messaging Feature Set & Interfaces, The Do Not Call Registry, The Telecommunications Act Of 1996, and all applicable opt-in/opt-out rules, regulations, and requirements. Customer hereby agrees to indemnify, defend, and hold Belles Camp harmless from any loss, claim, liability, damage or expense (including attorneys fees), including punitive or exemplary damages, arising from Customer’s breach of this Agreement or from Customer’s use of the System, or of Belles Camp’s products or services. In the event of any such indemnification, Belles Camp shall also be entitled to recover reasonable compensation for all time spent by all Belles Camp employees and agents arising from Customer’s breach of this Agreement or from Customer’s use of the System, or of Belles Camp’s products or services.
Belles Camp provides the System “as is and with all faults”. Belles Camp makes no warranties, express or implied, as to the System, any Belles Camp Services, related products, equipment, software or documentation. Belles Camp specifically disclaims any and all implied warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or title or non-infringement of third party rights. Customer expressly understands and agrees that Customer’s use of the System is at Customer’s sole risk and that the System are provided “as is” and “as available.” In particular, Belles Camp, its subsidiaries and affiliates, and its licensors do not represent or warrant to Customer that: (a) Customer’s use of the System will meet Customer’s requirements, (b) Customer’s use of the System will be uninterrupted, timely, secure or free from error, (c) any information obtained by Customer as a result of Customer’s use of the System will be accurate or reliable, and (d) that defects in the operation or functionality of the System may be corrected.11. DISCLAIMER OF CERTAIN DAMAGES:
Belles Camp shall not be liable to the Customer for any indirect, consequential, exemplary, special, incidental or punitive damages, including without limitation loss of use or lost business, revenue, profits, or goodwill, arising in connection with this Agreement, under any theory of tort, contract, indemnity, warranty, strict liability or negligence, even if Belles Camp knew or should have known of the likelihood of such damages.12. LIMITATION OF LIABILITY:
The total liability of Belles Camp to Customer in connection with this Agreement, for any and all causes of actions and claims, including, without limitation, breach of contract, breach of warranty, gross negligence or intentional misconduct, strict liability, misrepresentation and other torts, shall be limited to the lesser of: (a) direct damages proven by Customer, or (b) the amount paid by Customer to Belles Camp under this Agreement for the one (1) month period prior to accrual of the most recent cause of action. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.13. GOVERNING LAW, JURISDICTION AND VENUE:
This Agreement is made in the State of Colorado, County of Eagle and shall be construed and enforced under and according to the laws of the State of Colorado, without regard to its choice of laws rules. Customer and Belles Camp stipulate and agree that the exclusive jurisdiction and venue for any dispute arising under this Agreement shall be in the District Court for the County of Eagle, Colorado, and Customer and its guarantor hereby submit themselves to the jurisdiction of said court. Provided, however, that nothing herein shall preclude Belles Camp institution of legal proceedings in any other state in which Customer or its guarantor maintains offices, facilities or assets at any time.14. NOTICE:
All notices, requests, or other communications may be in writing or email. Notices will be deemed to have been immediate after transmission, if by Belles Camp Communications LLC, and after receipt, if by Customer. For this clause “written notice” shall include any postings on the BellesLink website.
To Belles Camp:
Belles Camp Communications LLC
P.O. Box 4086
Eagle, CO 81631-4086
To Customer: At the address provided on the Sign-up Page:
This Agreement constitutes the entire Agreement between the parties with respect to its subject matter and supersedes all other representations, understandings or agreements that are not expressed herein, whether oral or written.16. AUTHORITY AND PERSONAL GUARANTEE:
The undersigned signatory on behalf of Customer warrants and represents that he/she has authority to execute this Agreement on behalf of Customer and to bind Customer to the terms and conditions hereof. In order to induce Belles Camp to enter into this Agreement with Customer, the undersigned signatory on behalf of Customer hereby personally guarantees the performance of all Customer’s obligations hereunder, including, without limitation, the payment obligations of Customer. This personal guaranty shall remain in full force and effect until payment in full of all sums due Belles Camp from Customer.
Customer acknowledges that this paragraph 16 comprises a material inducement to Belles Camp’s execution of this Agreement and provision of services and the System to Customer, without which Belles Camp would not execute this Agreement or provide the System or services to Customer.17. HEADINGS FOR CONVENIENCE ONLY:
The paragraph and sub-paragraph headings herein are for the convenience of the parties only, and shall not be used in the interpretation of this Agreement.18. SINGLE USER LICENSE AGREEMENT:
Customer agrees that it has a single user license to BellesLink’s services.19. ENFORCEMENT COSTS:
If any action in law or in equity, including an action for declaratory or injunctive relief, is brought to enforce or interpret the provisions of this Agreement, Belles Camp, if it is the prevailing party, shall be entitled to all of its actual attorney’s fees and costs in prosecuting or defending that action.20. SEVERABILITY:
If any provision of this Agreement is held to be invalid or unenforceable, all the remaining provisions shall never the less continue in full force and effect.21. NOTICE OF SUBPOENA AND/OR REQUEST FOR RECORDS.
If Belles Camp receives a subpoena and/or a request from law enforcement agencies for Customer records, we will comply, without notice to you.ADDITIONAL ATTACHMENTS:
This Agreement incorporates the following Attachment: Attachment A - Customer Sign-up Page: https://www.bellescamp.com/signup/signup-1.aspx
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