Terms of Service
Last Updated: September 1, 2023
Welcome to the Terms of Service for the enQ websites and purchases of products or services offered via the website. These Terms of Service constitute an agreement ("Agreement") between Instant Telecom Solutions, Inc., utilizing the trade names "enQ" and "callenQ" ("Company"), the owner and operator of www.callenq.com or such other website(s) as Company may operate from time to time ("Site"), which may offer services or products (collectively referred to as the "Platform") and you ("you", "your," "User(s)" or "Customer"), a user of the Site and Platform.
Throughout this Agreement, the words "Company," "us," "we," and "our," refer to our company, Instant Telecom Solutions, Inc., and our Site or Platform, as is appropriate in the context of the use of the words.
Description of Platform
Company provides a seamless calling solution to its users, by allowing users to reduce their wait times and receive priority service when calling the IRS and such other agencies as the Company may list from time to time. Through the Platform, users shall receive an estimated wait time for all calls to the IRS and other government agencies, as applicable. Please be aware that all wait times are approximate. Company will post the pricing and other information for one or more service plans as may be available from time to time (each a “Plan”) on the Site. The Company provides only telephone access to certain departments within the IRS and such other governmental agencies as listed by the Company from time to time. The Platform is not, and does not provide a substitute for, telephone service, and cannot be used to reach end users other than the agencies identified on the Site.
You acknowledge, understand and agree that Company’s solution does not provide services equivalent to, and our services and Platform are not replacements for, telephone services. You must receive wired or mobile telephone services, or Voice over Internet Protocol services, from a third-party carrier or service provider to place calls using the Platform. You may only contact the numbers listed on the Site, and cannot use the Platform to place calls to any other numbers, including without limitation, 911.
Signing Up for enQ Service
Using the Service via a Callback Call.
Company may from time to time use, or permit you to access the Platform or services through, third party systems or services, including without limitation for the purpose of requesting callbacks in lieu of remaining on the line. For the avoidance of doubt, the use of your PIN or callback services indirectly through a third-party platform or provider is covered by this Agreement to the same extent as the direct use of the Site or Platform. You consent to the receipt of callback calls via any such third-party platform or provider.
Once you have properly created an account and received your PIN, you will be able to access the services offered by Company via the Platform. Simply call the applicable toll-free number provided by Company on the Site and enter your PIN. Company shall provide you with the estimated wait time ("enQ Wait Time") and a rate ("credits per minute") to connect to the IRS call center or other government agency, and you may follow the prompt to accept the call via enQ. platform. By using the Site or Platform, you expressly agree to only provide a callback number that you have access to and is assigned to you, and consent to receive calls from Company to that number. Once the call has been accepted by you, the credits allocated to your Plan shall be deducted in accordance with Section 17 hereof.
Although we strive to provide accurate estimates for the enQ Wait Time, you understand, acknowledge and agree that the enQ Wait Time is only an approximate estimation. Thus, we cannot be responsible for any additional wait time that you experience while using our Platform. Company does not guarantee, represent, or warrant any enQ Wait Times are accurate or precise. The enQ Wait Times quoted are best estimates based on past data and user activity and are for informational purposes only. As none of the wait times are exact, you agree to release us from any liability related to or associated with any wait times above the estimated enQ Wait Time. However, as we wish to provide you with excellent service, if you feel that your wait time was excessive in relation to the quoted enQ Wait Time, please contact us at firstname.lastname@example.org. You acknowledge and agree that the enQ Wait Time estimates only the approximate wait time to connect to an IRS/agency representative, and there may be an additional wait time once you are connected to the IRS/ agency representative, which is not included in the enQ Wait Time. Company cannot provide you with any estimates for any IRS or other applicable agency wait times, and will have no liability for the length of call, wait time or delays once you are connected to the IRS or other agency.
Connection and Equipment
In order to place calls and connect with our Platform, users may be required to purchase or maintain additional equipment such as phone lines, internet connections, and phone equipment. Company is not responsible for providing such equipment and under no circumstances will we be responsible for any additional equipment required by the user to access the Platform. You are solely responsible for obtaining all required connections and equipment to access and use the Platform, including without limitation for paying all costs associated with such connections and equipment and ensuring that your connections and equipment are compatible with the Platform. Failure to obtain the required connections or equipment may result in unavailability or errors in accessing or using the Platform. Additionally, you agree that no form of calling is error-free and that Company is not responsible for any interruption to the Platform due to faulty equipment, faulty transmission systems, power outages, weak signal strength, acts or omissions of third-party carriers or service providers, or other interruptions in transmission services. You understand that both wireless and wired systems may become disrupted at times and may cause you to lose your connection with the Platform. We also have no control over the systems, services, equipment or personnel of the IRS or any other entity to whom we may from time to time allow you to call using the Platform, and we shall have no liability or responsibility with respect to the operation or availability of any such systems, services, equipment or personnel. You acknowledge, understand and agree that we are not responsible for any disconnections, and you will be charged in accordance with our stated pricing, even in the event of a disconnection. However, in an effort to provide excellent service, Company may choose, at its sole and absolute discretion, to automatically refund credits under certain disconnect scenarios.
No Government Affiliation
The Site and Platform are not owned or operated by, nor affiliated with any US federal, state, or local agency or any foreign government. The Platform may display government agency names and information, however all such content is for informational purposes only. Although we may use the names of a governmental agency for informational purposes, we do not claim any authority to act on behalf of, nor that we are endorsed, sponsored, or sanctioned by, the US government or any foreign governments.
Use of the Platform
When using our Platform, you are responsible for your and for any use of the Company’s services made using your account. You agree not to access, copy, or otherwise use the Platform, the Site, or any other property or service of Company, including our software, design elements, patents, copyrights, trademarks or any other Company intellectual property, except as authorized by these Terms of Service or as otherwise authorized in writing by enQ. You agree to abide by the following:
- You will not copy, distribute or disclose any part of the Site or the Platform in any medium, including without limitation by any automated or non-automated "scraping";
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Platform;
- You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
- You will not use automated bots or other software to send more messages through our Platform than humanly possible;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You will not collect or harvest any personally identifiable information, including account names, from the Platform;
- You agree not to libel, defame, stalk, harass, bully or harm another individual who uses our Site or Platform;
- You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You agree to use the Platform and Company’s services solely to reach the IRS or other government agency to which the Platform provides access for your, your company’s, or your client or customer’s legitimate business before such agency;
- If you use the Platform to communicate on behalf of or concerning one of your clients or customers, you represent, warrant and covenant that you have, or will have at the time of initiating such communication, all required consents and authorizations from such client or customer to communicate on their behalf;
- You agree not to use the Platform to place any sales, marketing, informational, or pre-recorded call or message, or to use any auto-dialer to connect to or place calls or messages over the Platform;
- You agree that you are solely responsible for your use of our Site or Platform, that Company is simply operating as your contractor when you initiate a callback request, and that you will not hold Company responsible in any way for your use of our Site or Platform;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to the Platform or the Site;
- You agree not to interfere with or disrupt the Site or Platform;
- You agree not to hack, spam or phish us or other users;
- You agree to provide truthful and accurate content;
- You will not use our Site or Platform to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, or fraudulent content;
- You agree not to use our Platform or Site for any illegal or other unlawful activity; and
- You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party's website, such as by requesting its removal from a search engine.
- You agree to not violate any applicable law or regulation, and to comply with any and all applicable local, state and federal laws and regulations governing telecommunication within the USA, including without limitation, The Consumer Protection Act (TCPA) and any other laws or regulations promulgated by the Federal Trade Commission, the Federal Communications Commission, and Do Not Call List registry rules. It is your full and sole responsibility to consult, research, understand and adhere to applicable laws and regulations when using the Site or Platform, and you shall be solely responsible for any violations of laws or regulations occurring under your account.
If you are discovered engaging in any actions prohibited by this Section 9, or engaging in any actions designed or reasonably likely to circumvent any such prohibitions, your privileges to use our Platform may, at our sole and absolute discretion, be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Company reserves the right to suspend or terminate any account pursuant to this Section 9 at any time without notice or explanation.
Our License Grant to You
After signing up for our Site and/or Platform, and purchasing access where applicable, we grant you a personal, non-exclusive, fully revocable, non-commercial, limited license to use our Platform and access our Site. As a user, you do not receive any ownership interest in any portion of our Site or the Platform; you merely receive the aforementioned license listed above. All rights not explicitly granted are reserved to the Company. If you wish to terminate this license, please notify us at email@example.com.
In addition to your other obligations under this Agreement, you agree to abide by the following licensing restrictions when using the Site or the Platform:
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it.
- You may not use the Site or Platform to initiate callbacks from Company to or for anyone other than yourself.
- You may not share your license with any other parties.
- You may not violate or infringe our or other people's intellectual property, privacy, or other rights while using our Site or Platform.
- You may not violate any laws, rules or procedures of the United States.
- You may not violate any of our additional policies, as the same may be posted on the Site from time to time.
- You may not use our Site or Platform except through specific channels provided by us.
- You may not use the Site or Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
- You may not attempt to interfere with or disrupt our Platform in any way.
- You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless authorized by Company in writing.
The foregoing is not an all-encompassing list of restrictions, and you receive no rights or authority under the license other than those expressly granted herein. If you breach any of the foregoing restrictions, we reserve the right to suspend or revoke your license to use our Platform at our discretion. Additionally, we reserve the right to revoke or restrict your access to our Platform if we believe that your actions may harm us or any of our users. Failure by us to revoke your license does not act as a waiver of your conduct.
Site and Platform Availability
Although we will try to provide continuous availability to you, we do not guarantee that the Site or Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Site. You agree and acknowledge that the Site uses remote access and may not always be either 100% reliable or available. The Platform may be subject to interruptions for a variety of reasons, including Wi-Fi connectivity, mobile issues, cellphone service, and service provider uptime. Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Site will work as stated, or that it will give you any desired results.
Modification of Platform
We reserve the right to alter, modify, update, or remove our Platform, or modify, expand or reduce the services provided over the Platform or available via the Site, at any time. We may conduct such modifications for any reason in our sole and absolute discretion, including without limitation for security reasons (including by way of example and not limitation, updates to fix security flaws), protection or our or a third party’s intellectual property, changes in applicable law or other legal requirements, or business considerations. We are not required to explain such modifications; provided, that if any modifications will materially affect your use of the Platform, we will use commercially reasonable efforts to provide prior notice on the Site. Nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.
Our Platform, the Site, any information found within either of them, and our services are offered "as-is" and “with all faults.” Any content found on the Platform or the Site is offered only for informational and educational purposes. We cannot guarantee that using our Platform or Site will result in any benefits or positive results for you. You agree to release us from any liability that we may have in relation to your use of our Site and Platform. By using the Site or Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Company with respect to such actions or omissions.
The name “enQ,” ; the Platform and Site, including without limitation, all software, Company-created text, writings, images, templates, scripts, graphics, interactive features, processes, design elements (e.g., “look and feel”), whether or not subject to copyright, patent or other intellectual property rights under US or foreign laws or international conventions (the “Company IP”); and any and all trademarks, service marks, trade dress, trade names or logos of Company ("Marks"), are owned by or licensed to us. Without limiting the generality of the foregoing, the Company IP includes the methods and processes by which the Company determines the dynamic rates for its services, as more fully described in Section 20 hereof, and all manner and form of displaying the same.. Company reserves all rights not expressly granted in and to the Company IP, Marks, the Platform and the Site, and all other intellectual property embodied therein. You agree to not engage in the use, copying, or distribution of any Company IP, Marks, or anything contained within the Site or Platform unless we have given prior express written permission, which permission may be granted, withheld or conditioned in our sole discretion.
Company may, but shall not be obligated to, offer trials of the services provided by the Platform. Any trials may be subject to additional terms or restrictions as posted on the Site from time to time. Company reserves the right and final discretion to decide whether to continue or discontinue any trials. If you elect to upgrade to a Plan during your trial, your trial will end immediately and your credit card (which you will provide either at the time of enrolling in the trial, if required under the terms of the trial, or upon selecting a Plan) will be charged in accordance with Section 23 hereof. However, if you upgrade during your trial, your unused trial credits will convert to roll-over credits, subject to the roll-over credit cap.
If you are on a trial, you can upgrade to a paid Plan at any time on or before the final day of the trial period. Unless otherwise stated on the Site, each Plan that you select is monthly and shall be billed and charged automatically until you terminate your Plan. Each Plan listed shall have allotted credits as stated on the Plan. Monthly Plans include the ability to roll-over credits up to the roll-over cap specified in the Plan information posted on the Site. If you exceed your Plan monthly credits and any saved roll-over credits, each additional credit shall be billed to you based on the plan prorated calculation.
In order to continue using the Platform after any trial, you must subscribe to a Plan. Once you have subscribed to a Plan you may continue using the services via the Platform. You may make a call using the Platform at any time by calling the number provided and entering your PIN. Company shall then provide you with the estimated enQ Wait Time and credit per minute rate. If you decide to connect please follow the verbal prompts. Billed call time is measured starting from when Company connects you to the IRS or other agency line and ends when the call is disconnected. Credits are deducted from your Plan at the time of disconnection. The billed call time increment is 1 second. Your remaining Plan credits for the month and roll-over credits shall be listed in your account dashboard. If you exceed your Plan monthly credits and accrued roll-over credits, each additional credit shall be billed to you at a rate of $0.01/credit, or such other rate as then posted for your Plan. For example, if you exceed your monthly Plan by 500 credits, you will be charged an additional $5.00 for the extra credits. Plan credits, roll-over credits, and trial credits have no cash value and cannot be refunded.
Company's monthly Plans includes roll-over credits capped at three times your Plan credits. At the end of your billing cycle, unused credits roll over to the following month subject to the roll-over credit cap. For example, if your monthly Plan is $300/month for 30k credits/month, you may accrue up to 90k credits. Unused roll-over credits expire 3 months after accruing them. Yearly Plans do not include roll-over credits.
You can change your Plan at any time by logging into the website. If you are changing from a Monthly plan to another Monthly Plan, you will be able to keep your unused credits as roll-over credits subject to the roll-over credit cap on the new plan. Changing your plan from a Monthly Plan to a Yearly Plan or vice-versa will not allow you to keep roll-over credits. However, you can reach out to the Company at firstname.lastname@example.org and the Company can decide to add lost credits on a case-by-case basis.
Credit per Minute Rate
Company’s rate per call ("credits per minute") is dynamic and determined as function of supply and demand, as estimated by us based upon our evaluation of the factors described below. The “credit per minute rate” or “dynamic rate” may vary depending on the department called and time of day at which the call is placed. For example, the rate for a popular IRS department at 7am EST may be significantly less than the same department at noon. The rate for a low demand IRS department may be low regardless of the time of the day. Supply is defined as the quantity of agents, lines or extensions at a particular call destination and difficulty in reaching an agent at a particular department / time of day. Supply is limited as any agency answers a finite number of calls per day. In addition, reaching an IRS agent can be difficult due to the IRS' courtesy disconnects and long hold times. Demand is defined as the number of Company customers desiring to connect to the same department or extension at the same time of day.
Our “fair usage” policy offers unlimited legitimate calls. We want to give our customers the opportunity to call again if they get disconnected for whatever reason. Nothing in the foregoing limits the application of our rates as set forth herein or on the Site, or the restrictions on use contained elsewhere in these Terms of Service or in other posted policies of Company.
If Company determines, in its sole discretion, that your call was dropped by the recipient very soon after we connected you to the line, we may elect not to bill you for that call. Company reserves the right to define exactly what “very soon” means, but typically will mean less than a few minutes. Except as stated in this Section, Company does not compensate for dropped calls. Company does not monitor the customer's call and cannot verify the legitimacy of a dropped call claim. Calls can drop anywhere in the path between the customer to Company to the called party, and the completion of calls relies upon third-party networks and the facilities of the called party, over which Company has no control and for which Company will have no obligation or liability.
Subscription and Payment
Following any applicable trial period, you will be required to pay a monthly subscription fee or other fee as listed on the Platform. You agree to pay the fee listed on the Platform upon sign-up or upon the expiration of your trial. Charges for the credits assigned under your Plan, along with all applicable taxes and fees thereon, are charged monthly in advance, with overages and any other usage-based or variable charge, and any applicable taxes and fees thereon, charged monthly in arrears. Upon selecting a Plan, you will provide current credit card information. YOU AUTHORIZE COMPANY TO CHARGE, AND COMPANY WILL CHARGE, THE APPLICABLE SUBSCRIPTION FEES TO YOUR CREDIT CARD AT THE START OF YOUR SUBSCRIPTION (AS IDENTIFIED IN THE PLAN), AND ON A RECURRING BASIS ON EACH BILLING DATE THEREAFTER, UNLESS AND UNTIL YOUR AGREEMENT IS CANCELLED AS PROVIDED HEREIN. YOU HEREBY AGREE AND AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON A MONTHLY BASIS. Your credit card information will be shared with our third-party payment processor, and you hereby consent to our sharing that information. By submitting your payment information, you also agree to the terms and conditions of our third-party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us, and you must agree with our payment processor's policies.
An initial account deposit is collected when a subscription is created or your Plan is changed. The account deposit will be applied to the final invoice upon cancellation or expiration of your subscription. Without limiting any of our other remedies hereunder, Company reserves the right to require an additional deposit in the event of a change in usage of your account (including, without limitation, a pattern of overages), failure to pay any amount when due, rejection of your credit card on file, or for the restoration of your services or account following suspension.
Company expressly reserves the right to increase the price of any or all of its Plans or adjust any Plan credits after any monthly subscription cycle. In the event of a price increase, Company will use commercially reasonable efforts to notify users of the affected Plan(s); provided that such notice may be provided on the Site. You acknowledge and agree that, unless otherwise agreed by Company in writing, there is no fixed term for the prices and credit allowances associated with your Plan.
You may cancel and terminate your subscription by notifying us via your account dashboard or contacting us at email@example.com. In the event of any termination or cancellation of your subscription for any reason, whether by you or us, you will be responsible for all fees that have accrued through the Termination Date (as hereinafter defined). If you cancel or terminate your Plan, you will lose your credits including Plan credits, trial credits, and any roll-over credits that have accrued, and you will not be reimbursed for any such credits not used on or before the Termination Date. Upon termination you will not be entitled to any refunds or proration of any subscription fees paid except as stated in this Agreement. We may terminate your subscription upon notice to your if we determine that: (1) you have violated any applicable laws while using our Platform; (2) If you have violated this Agreement or any other of our agreements pertaining to your use of our Platform; or (3) if we believe that any of your actions may harm Company, its licensors, vendors, underlying carriers or other customers, at our sole discretion (each a “Termination for Cause”). In the event of Termination for Cause, we may, but are not required to, provide you with advance notice and an opportunity to cure. We may also discontinue any service or Plan at any time, in which event we will use commercially reasonable efforts to provide you with such advance notice as we deem reasonable, in our sole discretion. Unless otherwise stated in your Plan, any termination or cancellation will be effective on the applicable date as follows (the “Termination Date”): (a) for termination by you, on the later of the end of your monthly billing cycle in which notice is given or ten (10) business days following such notice (the “Termination Date”); (b) for Termination for Cause by Company, immediately upon notice, or such later date as Company may specify; or (c) for termination by Company due to the discontinuance of any Plan or service, upon the date specified by Company. In the event that your account is terminated for any reason, all information may be deleted and unrecoverable.
As we offer a unique service via the Platform, we have instituted a no-refunds policy for all calls and Plan purchases. However, if you feel that there are extenuating circumstances that warrant a refund, please contact us at firstname.lastname@example.org. Please be aware that all decisions whether to refund or credit your Plan will be made by us in our sole and absolute discretion.
We attempt to protect ourselves from chargebacks by employing different fraud detection methods. In the event of a chargeback, we will notify you immediately. If we believe that you have participated in a fraudulent chargeback, we reserve the right to pursue all remedies available to us hereunder, at law or in equity, including without limitation, immediate suspension of your subscription, Termination for Cause, or filing suit against you to the fullest extent allowed by law. In the event that we believe that you have submitted a fraudulent chargeback, we may also, in our sole and absolute discretion, forward your information to the applicable law enforcement agency or other governmental body, and will fully cooperate in any resulting criminal or civil proceeding against you.
Taxes and Fees
Imposition of Taxes and Fees. All charges for the Company’s services are exclusive of any Taxes and Fees (as defined below). Except for taxes based on our net income or for taxes which you possess and provide to us an exemption certificate, you shall be responsible for payment of all applicable taxes that arise in any jurisdiction, including, without limitation, federal, state, local and jurisdictional taxes (including without limitation sales and use taxes), fees, surcharges and other regulatory, compliance and/or cost recovery fees, mandated or non-mandated applicable to your use of the Platform and Site, and all other products or services provided by us (collectively "Taxes and Fees"). Taxes and Fees are subject to change without notice. Tax and Fee Exemptions. If you are entitled to an exemption from any Taxes or Fees, you are responsible for presenting us with a valid exemption certificate (in a form reasonably acceptable to us). We will give effect to any valid exemption certificate provided in accordance with the foregoing sentence to the extent it applies to one or more Taxes or Fees assessed on any service billed by Company to Customer, effective the next billing cycle following our receipt of such exemption certificate. Provided that Company timely identifies the Taxes and Fees payable by you, you shall indemnify, defend and hold us harmless from payment and reporting of all such Taxes and Fees, including costs, expenses, and penalties incurred by us in settling, defending or appealing any claims or actions brought against us related to, or arising from, your non-payment of Taxes or Fees. For more information please follow this link to our Tax and Fee Disclosure statement.
Toll Free Calls Outside of the Contiguous 48 States
All users shall be provided a toll-free number to call the Platform. Please be aware that if you are calling from outside of the contiguous 48 states there may be additional fees or credit deductions for your toll-free calling when using the Platform. We will use commercially reasonable efforts to post such additional fees, credit deductions, or charges on the Site; however, we may be assessed charges by our underlying service providers for which we have not been given prior notice or information, and we reserve the right to pass any such charges through to you. If you have any additional questions regarding the charges or deductions, please contact us.
Your Usage Information
Representations and Warranties
THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER INSTANT TELECOM SOLUTIONS, INC., NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM OR SITE; (B) ANY INFORMATION PROVIDED VIA THE PLATFORM; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY OR VIA THE PLATFORM. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (V) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS OR ENFORCEMENT THEREOF BY THE OWNER(S) OF SUCH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Specifically, in those jurisdictions where such disclaimers are not allowed, we do not disclaim, to the extent prohibited by applicable law, liability for: (a) death or personal injury caused by Company’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO USE OUR PLATFORM WITHIN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.
You agree to defend, indemnify and hold harmless Instant Telecom Solutions, Inc., its subsidiaries, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the enQ Site and Platform;
- your violation of any term of this Agreement; or
- your violation of any third party right, including without limitation any copyright, property, or privacy right.
For the avoidance of doubt, you expressly agree to defend, indemnify and hold harmless Instant Telecom Solutions, Inc., its subsidiaries, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from any violation of any and all applicable state and federal laws and regulations governing telecommunication within the USA, including without limitation, The Consumer Protection Act (TCPA); all applicable regulations promulgated by the Federal Trade Commission and/or the Federal Communications Commission; and Do Not Call List registry rules. This defense and indemnification obligation will survive this Agreement and your use of the Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously, and we plan to abide by the Digital Millennium Copyright Act of the United States of America. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our Site of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Company, email@example.com.
Choice of Law
This Agreement shall be governed by the laws in force in the state of Texas. The offer and acceptance of this contract is deemed to have occurred in the state of Texas.
Any dispute relating in any way to your visit to the Site or our Platform shall be submitted to confidential arbitration in Montgomery County, TX. Arbitration under this Agreement shall be conducted pursuant to the applicable rules ("Rules") then prevailing at the American Arbitration Association. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the above-mentioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or otherwise nearest to Montgomery County, TX.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it
If two or more provisions of this Agreement or any other agreement you may have with Company are deemed to conflict with each other's operation, Company shall have the sole right to elect which provision remains in force unless one such agreement, by its terms, takes precedence over the other.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, sections 7 - 43, as well as any ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Platform and may terminate our Site and Platform at any time and for any reason.
Termination of Your Access
If we determine that any of your actions violate applicable law, or may harm the Company, its Platform or Site, the networks of its service providers or its other users, we may terminate or suspend your account, or your subscription to our Platform without notice, though we will (but shall not be required to) strive to provide a timely explanation in most cases. Please be aware that if we terminate your subscription, such termination will be Termination for Cause as set forth herein, and you must immediately cease using our Site or Platform. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Platform and may terminate our Site and Platform at any time and for any reason.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may (but shall not be obligated to) email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and our Platform. Any changes that do not materially affect the terms of your Agreement will be effective immediately when published or posted on the Site. If we make material changes, which affect material provisions of, those changes will be effective thirty (30) days from the date on which the modified Terms of Service are posted on our Site. Your continued use of the Services after the effective date of the change, will act as your consent to the updated Agreement.
The communications between you and Company will use electronic means, whether you visit the Site or Platform or send Company e-mails, or whether Company posts notices on the Site or Platform or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.