Text Reminder Services enables a Customer to offer prerecorded voice and test messaging for a variety of purposes as selected by the Customer.
Customer AGREES to use Text Reminder Services’s services for the purposes intended and in accordance with the Terms and Conditions including:
The Customer agrees to use the services strictly in accordance with all federal, state and local laws, rules and regulations, including in particular, the Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission Telemarketing Sales Rules (“TSR”), the Fair Debt Collection Practices Act (“FDCPA”) and the Health Insurance Portability and Accountability Act (“HIPPA”). Strict rules apply to telemarketing, telefunding and advertising.
The Customer is solely responsible for complying with all such laws, rules and regulations. Text Reminder Services is not a caller, sender, telemarketer, telefunder, advertiser, seller, debt collector or otherwise a party in the prerecorded messages.
The Customer has not received from Text Reminder Services or any of its employees and agents any information or advice on how to comply with any federal, state and local laws, rules and regulations.
Text Reminder Services is not involved with, responsible for or liable to the Customer or any other person or entity for the Customer’s messages, any matter related to the messages, or on account of Customer’s use of the services in general.
All Customer orders will be completed in accordance with the Customer’s properly formatted instructions, messages, documents and databases created by and provided by the Customer.
Payment for services is due in accordance with the Customer’s Payment Plan. Text Reminder Services has the right to change a Payment Plan by notifying the Customer in advance. Orders may be cancelled or rescheduled pending notice and acceptance of the revised Payment Plan. Text Reminder Services will provide the Customer with a Report for all orders. Any Unpaid Invoices bear interest at the rate of 15% per annum from the date due until paid. Customer is liable for all costs and expenses, including reasonable attorney fees, incurred by Text Reminder Services to collect any amounts due for services or for any violations of the Agreement and the Terms and Conditions.
The Customer further agrees:
To fully release and discharge Text Reminder Services from any: (1) violation of any federal, state and local laws, rules and regulations (collectively referred to as the “Laws”); (2) breach of any agreement or contract; (3) statement or representation made; and (4) unlawful act or omission or other wrongdoing.
Not to sue or bring any claim or charge against Text Reminder Services on account of any violation of the Laws, breach, Text Reminder Services statement or representation or unlawful act or omission or other wrongdoing.
To fully defend, pay any damages and hold Text Reminder Services harmless from any violation of any Laws, breach of any agreement or contract, statement or representation or unlawful act or omission or other wrongdoing.
Text Reminder Services’s total liability for damages to the Customer or any third party for any service provided to the Customer shall be limited to the amount charged to the Customer for the particular service performed. IN NO EVENT SHALL Text Reminder Services BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, PENALTIES, LEGAL FEES OR ANY OTHER AMOUNTS.