Touchfon - Terms and Conditions

Direct Selling
Business
Residential

Enrollment of this service acknowledges your acceptance of the terms and conditions described here in.

Thank you for choosing Touchfon International Voice and Fax Mail. Our goal is to provide the best solutions and service possible to our valued customers. We are please that you have selected our service and hope that we will exceed all of your expectations.

Your assigned toll-free 800 or 888 number is available to you and your callers from anywhere in the continental United States, Alaska, Hawaii, Puerto Rico, Canada and many of the U.S. Carribean islands.

During the process of ordering your service, a Touchfon service representative will help you select the features that are best suited to your needs. Service availability under Touchfon's terms and conditions starts on the date of number assignment. You may change your configuration at any time by contacting our Customer Support department. There is not charge for changing configurations other than charges for any new features added. You are solely responsible for all recurring service fees and usage charges including, but not limited to: wrong numbers, unauthorized access, and outbound usage.

If you have not signed a long term service contract, you may cancel any service at any time by faxing a letter to 1-801-617-8600, mailing a letter to Touchfon Cancellations at 13997 S. Minuteman Drive, Suite 140, Draper, UT 84020, or emailing a letter to cancel@touchfon.com. Any cancellation request must include your account number, applicable voicemail numbers, and your passcode for each. Without written notice your service will remain activate. It is your responsibility to verify that the cancellation is received; Touchfon International will not be held responsible for cancellations without proper written notice. Your service will be canceled the business day after we receive your cancellation. After your account has been canceled, a final statement will be printed and mailed at the end of the month.

Touchfon will close the billing and print and mail statements the last week of every month. Any amount due will be charged to your credit card or bank account on or about the 5th day of the following month for automatic payment customers; Payment for direct customers is due on the date indicated on the monthly statement. Monthly base rates and additional feature rates are billed at the beginning of the billing cycle and are not pro-rated. Your local line charges and any long distance calls not made through Touchfon's service will be billed by your local and long distance service providers. Any payment sent in addition to the monthly automatic payment will be posted to your Touchfon account.

For users choosing an annual billing plan, the service is offered on an annual basis for a term which begins on the date that we activate your Service and ends on the day before your anniversary date the following year. Subsequent terms of this Agreement automatically renew for 12 month terms on an annual basis without further action by you unless you give us written notice of non-renewal at least thirty (30) days before the end of the then-current annual term in which the notice is given. YOU ARE PURCHASING AND RENEWING THE SERVICE FOR A FULL 12-MONTH TERM, MEANING THAT IF YOU ATTEMPT TO TERMINATE SERVICE PRIOR TO THE END OF THE CURRENT ANNUAL TERM, YOU WILL BE RESPONSIBLE FOR THE FULL AMOUNT OF ALL CHARGES AND FEES OF ANY KIND RELATED TO YOUR ACCOUNT UNTIL THE END OF THE THEN-CURRENT 12 MONTH TERM, INCLUDING WITHOUT LIMITATION UNBILLED CHARGES, ALL OF WHICH IMMEDIATELY BECOME DUE AND PAYABLE. UNDER NO CIRCUMSTANCES SHALL EXPIRATION OF THE TERM OR TERMINATION OF SERVICE (INCLUDING EARLY TERMINATION) EXCUSE YOU FROM PAYING ALL UNPAID, ACCRUED CHARGES DUE IN RELATION TO THE AGREEMENT FOR AND THROUGH THE ENTIRE 12 MONTH TERM.

For users choosing the 90 Day Introductory plan, the service is offered on a 90 day basis, which begins on the date that we activate your Service and ends on the day before your 90 Day anniversary. On your 90 day anniversary date, the introductory plan is automatically upgraded to the Standard plan. Payment of the $24.99 service fee is a one-time payment and is non-refundable. The 180 minutes included reflect an allotment of 60 minutes per month for the 90 day term of service. Any usage overages will be billed at 9.9 cents per minute.

Payments not received by the due date may be charged a late fee of one and one-half percent (1 1/2%) per month or the maximum rate permitted by law on the outstanding balance. Should the account be turned over for collections, there will be a collection expense of fifty percent (50%) of the unpaid balance in addition to the current balance.

A credit card decline or EFT return fee of $5.00 will be assessed for all declined charges on credit card or bank draft payments. A returned check fee of $20.00 will be assessed for all returned check payments.

Touchfon service number(s) issued to you are property of Touchfon International and cannot be ported to another party without written permission from Touchfon International.

Touchfon International reserves the right to change the availability of or make modifications, deletions, or additons to any service offered at any time without prior notice.

In the event that you are unable to pay your bill or payments are not received by the due date and/or you exceed your authorized usage level, Touchfon International may regretfully suspend your phone service without notice until you have made your account current. If your account is not brought current within thirty (30) days after the payment was due, Touchfon International may terminate your service without further notice and pursue any remedy at or in equity.

Touchfon International will not review or monitor the contents of faxes, voice-mail, or other communications except as required by applicable law or legal process.

Touchfon International will strive to provide continuous service with a goal of no blocked calls to you. However, Touchfon International cannot be held liable for service interruptions including dropped calls due to equipment failure, equipment or facility shortages that create transmission limitations, system capacity limitations, strikes, acts of God or other causes beyond our reasonable control. Touchfon's liability, if any, in the operation of service or equipment shall not exceed the amount of a pro-rated monthly charge for the service access during the period affected. You assume all risks associated with the use of the service including any liability arising from fraudulent use of the Touchfon system. Touchfon International will not be liable to you and you agree to hold Touchfon International blameless for any costs, delays, special, incidental, or consequential damages, physical harm or any other damage arising from your use of, misuse of, or inability to use the Touchfon services and systems, or the company's inability to perform. You specifically agree that Touchfon International will not be liable for any damages resulting from or in connection with the use of Touchfon's service for life-threatening or emergency situations, even if Touchfon International or any of its employees has been advised of the possibility of damages.

Touchfon reserves the right to deny promotional services to anyone at anytime. It also maintains the right to alter, modify, or in any other way change the requirements, regulations, and rules pertaining to any promotion at any time. Promotions or promotion related services may be terminated at any time. Touchfon will never pay any cash and/or equivalent to any party in relation to a promotion unless a seperate signed contract is entered into by both parties. Touchfon reserves the right to disqualify or refect any claims to promotional services by any parties.

If legal action is initiated by either party concerning this Agreement, the prevailing party shall be entitled to recover all costs and reasonable attorney's fees, including costs and fees on appeal. Touchfon International may assign all or part of this Agreement by giving you written notice, and you agree to make all subsequent payments as instructed in such notice. You may not assign your rights of obligations under the Agreement without prior written approval from Touchfon International. If any terms stated herein are invalid or unenforceable, then the remaining terms shall remain in effect. This agreement shall be construed in accordance with, and governed by the laws of the State of Utah. In addition, the court and authorities of the State of Utah shall have jurisdiction over all controversies that may arise with respect to this Agreement. Touchfon International is the owner of all copyrights, trademarks and proprietary interests and to all materials, brochures, and explanatory material delivered to you.

Touchfon International reserves the right to change this agreement at any time. A current copy of these terms is available on the Touchfon Web Site. You are responsible for reviewing information posted on the site in order to obtain timely notice of such changes. Your non-termination or continued use of the Touchfon service constitutes your acceptance of this agreement as modified by the posted changes.