This document shall serve as an agreement between VizAbilities Corporation (“we”, “us”, or “provider”) and you as an end-user (“you", “user”, or “customer”). This document shall constitute the entire agreement between VizAbilities Corporation and you and while superseding any other prior agreements, governing your use of all VizAbilities services.
By activating or ordering service, you are agreeing to the provisions of this agreement in it's entirety.
You acknowledge that VizAbilities Corporation offers plans for both residential users and commercial/small business users. You agree that VizAbilities residential service plans are not to be used in conjunction with regular, consistent activity which could be considered commercial or for-profit in nature. You agree that all usage is subject to audit and review by VizAbilities Corporation. A single account shall not be used for purposes inconsistent with regular residential usage patterns as defined by VizAbilities as more than three times the average daily usage of a VizAbilities residential customer. This figure is currently approximately 6 calls per day. VizAbilities Corporation will be the sole and final arbitrator in regards to decisions related to what constitutes acceptable average use of service.
Possession of VizAbilities provided access does not grant you a license to any firmware or software except to access the VizAbilities service as a customer. If you are found to be tampering with a VizAbilities provided services, you will immediately be subject to termination and further action.
VizAbilities Corporation offers and markets service for use within the United States. If you connect your VizAbilities service outside of the United States, you agree that you are doing so at your own risk. You agree to hold us harmless and without liability for such use. You acknowledge that when outside the United States, international dialing will be disabled and calls may be made only to the United States and Canada.
If you feel that your service has been fraudulently used or stolen, you must notify us within 30 days or you will be held responsible for any additional service charges generated.
You agree to use VizAbilities service only for lawful purposes and in a manner which could not be construed as abusive at any time or for any reason.
You acknowledge that service fees for VizAbilities Corporation will be billed to the credit card you provide when establishing service for the full amount of the selected billing term prepaid in advance, including any shipping, activation, or other applicable charges, fees, taxes or charges. You understand that recurring service charges will be billed automatically on our around the anniversary of the date you established service in accordance with your term.
Customers are responsible for all taxes, fees, business class support or international charges incurred on their account regardless of account pre-payment, service credits, or usage.
If you use a coupon, gift certificate, or discount which would cause you to have a positive credit balance upon ordering, VizAbilities may charge your credit card $10 for card verification. The $10 will then be credited to your VizAbilities account. This only applies if you would have a credit balance after using any coupon or gift certificate.
Upon termination of service, your account will receive a full pro-rated refund for any remaining pre-paid months calculated from the 1st day of the following month. Activation fees, shipping fees and one-time fees are not eligible for any type of refund; only service fees are refundable as outlined in this agreement. Customer will be charged a disconnect fee of $99 per campaign for all cancellations not processed within seven (7) days of service activation as per the terms of 7 day Money Back Guarantee as provided in this agreement, or within seven (7) days of the end of the prepaid term. The Disconnect Fee becomes due and payable immediately upon cancellation and will be deducted from any refunds due, or billed directly to Customer’s credit card. Non-usage of service does not constitute cancellation of service. All cancellation requests must be submitted in the form of a customer service ticket or email message from you to support@VizAbilities.com.
You agree that VizAbilities Corporation may suspend or terminate the account for reasons including, but not limited to, non-payment, violating the Terms of Service, or declined credit card charges. If at any time the account is at least 30 days past due all accounts may be subject to a collection fee of $75.00. You agree that failure to pay may result in further collection actions.
VizAbilities Corporation reserves the right to modify or change pricing at any time.
VizAbilities Corporation offers a 7 day Money Back Guarantee. The 7 day Money Back Guarantee begins on the day your service begins. Service charges are refundable if you cancel service within 7 days. Fees incurred for using premium services, activation fees, shipping fees and one-time upgrade fees are non-refundable. The 7 day Money Back Guarantee does not apply if you are found to be in violation of our terms of service or if you have taken advantage of the guarantee in the past.
There is a $50 administrative fee for any illegitimate charge backs placed against us. Any illegitimate charge backs or threatened illegitimate charge backs are grounds for immediate account cancellation.
There is a $99 re-activation fee for all accounts disabled due to non-payment or other terms of service violations.
Referral and Affiliate Program
Multiple commissions such as referral credits or affiliate commissions cannot be received for a single VizAbilities account. Additionally, a customer or affiliate cannot receive any type of referral credit or affiliate commission for an account billed to himself/herself or an account billed to his/her address regardless of the name associated with the account. Any customer who violates these policies will forfeit all fraudulent commissions and will no longer be able to participate in any such future commission generating programs offered by VizAbilities Corporation
Nature of Service
You are acknowledging that you understand that VizAbilities service may differ from traditional marketing service. Since VizAbilities is a Enhanced Service Provider, some traditional marketing service regulatory requirements may not apply.
You understand that VizAbilities service may or may not be compatible with devices such as fax machines, security systems, or other devices that transmit data.
VizAbilities Corporation MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. You assume all risk and liability resulting from the use or functionality of the service, whether used solely or in combination with other goods and/or services. VizAbilities Corporation neither assumes nor authorizes any person to assume any other liability in connection with the sale or use of the service. VizAbilities Corporation will not be held liable in any capacity for any service failures. In the event that bodily or property damage or death occur as a result of a failed attempt to access 911 service, VizAbilities Corporation will not be held responsible and will have no liability.
The entire agreement shall be governed by the laws of the state of Washington and shall remain in full-force until service termination in writing as outlined. If any part of this agreement is found to be unenforceable or invalid in your area, you agree that the arbitrator shall enforce the provisions of this agreement by replacing them with an effective similar, legal provision with the effect intended with the original provision. VizAbilities Corporation may update this agreement at any time without notice and you are agreeing to such changes in advance.
It is agreed that any and all disputes, claims or actions for the enforcement of this agreement will be arbitrated. The arbitration will take place in the State of Washington, King County. Decisions rendered by such arbitrator will be final and binding. If the arbitrator rules in our favor, you will be responsible for any and all costs related to or associated with such arbitration. You agree that any further litigation to enforce the terms of this agreement will take place in the Supreme Court of the State of Oregon, Benton County.