TERMS OF SERVICE
This document “Terms of Service (TOS),” constitutes an agreement between simvacy.com, (hereinafter called “the Company,”SIMVACY LLC “we,” “our,” “us,” and/or words of a correlative or similar meaning, which may include but not be limited to all of its agents, assigns, and/or representatives) a Wyoming corporation and the end-user (hereinafter called “the Customer,” “user,” “you,” “your,” and/or words of a correlative or similar meaning, which, for the purposes of this agreement means the person(s) identified in simvacy.com ‘s account records as the person responsible for payment of all charges or any other person(s) and/or assigns, which represents that person(s). The Company is a provider of international telecommunications services. This document provides an in-depth description of our limits, warranties, and acceptable use. In the event of ambiguity of between website information and this document, this document, “Terms of Service” dictates. BY SIGNING UP, ENROLLING IN, USING, ENTERING YOUR CREDIT/DEBIT CARD INFORMATION, AND/OR PAYING FOR THE SERVICE(S), YOU AGREE TO THE PRICES, CHARGES, AND THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE PRICES, CHARGES, AND/OR TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES DURING OUR NORMAL BUSINESS HOURS. We may change the terms of this agreement from time to time, without prior notice to you. Notices of amendment(s) made to this agreement will be considered given and effective on the date that such amendment(s) are posted at simvacy.com. Further, the agreement posted shall supersede all previously agreed to electronic and/or written Terms of Service.
ARTICLE 1- SERVICE
1.1 The Company provides both domestic and international local and mobile phone numbers for use to forward to a designated ring-to destination.
1.2 Service is provided on a month-to-month basis or an annual term, depending on the package you select at the time you place your order. Subsequent terms of this agreement will automatically renew on a calendar monthly/yearly basis (whichever applicable) without further action by you unless you arrange to cancel your Service by calling us and talking with one of our customer service representatives. You are purchasing the Service for full monthly or annual terms (whichever applicable), which means that if you cancel your Service prior to the end of the term, you are still responsible for the full term’s charges and any unbilled charges and/or fees to the end of the then-current term, all of which becomes immediately due and payable.
1.3 You acknowledge and understand that the Service provided you by simvacy.com is not a traditional telephone service. Accordingly, the Service is subject to different regulatory treatment, which may differ from the regulatory treatment of traditional telephone services; such difference(s) may limit or otherwise affect your rights before telecom regulating agencies and/or departments and organizations.
1.4 The Company does not guarantee backup data for any voicemail message(s), fax data and/or transmission(s), voicemail greeting(s) or any other data/transmission(s) sent through its systems. It is possible to lose said data, and in such case, said data cannot be recovered; regardless of the circumstances surrounding such a loss, simvacy.com shall not be held liable for any loss or harm resulting from your use of these optional services.
1.5 It is strongly recommended that you test the Services upon initial setup and periodically thereafter to ensure the Services are functioning to your satisfaction. Should you fail to properly test the Services as recommended, you do so at your own risk and you shall be the sole party responsible for any loss or damages.
1.6 The Service(s) provided to you by simvacy.com stand independent of any third-party carrier(s) and/or other service provider(s) you may be using, or will use, in conjunction with our Service. This agreement applies only to those Services that are owned and managed by simvacy.com. In no way does this agreement cancel or amend any existing agreement(s) you may already have in place, or will have, with any third-party carrier and/or service provider(s). Your agreement(s) with any and all third-party carrier(s) and/or other service provider(s) are between you and the third-party carrier(s) and/or other service provider(s). Such agreement(s) are NOT applicable to the Services provided to you by simvacy.com. Further, simvacy.com shall not be held liable for any action(s), or lack thereof, inadequacies and/or failures of any third-party carrier(s) and/or service provider(s) you use in conjunction with the Service. You agree that you are solely responsible for any and all fee(s) due to any and all third-party carrier(s) and/or other service provider(s) you use in conjunction with our Service.
ARTICLE 2- SUBSCRIBER ACCESS
2.1 Upon setting up your account with simvacy.com, simvacy.com will assign you a unique password for easy access to your online account at the simvacy.com-operated website. Should you elect to do so, you may change your assigned username and/or password by logging on to the simvacy.com-operated website.
2.2 It is your responsibility to maintain the security and confidentiality of your account username and password at all times and you are solely responsible for any liability or damages resulting from your failure to maintain that security and confidentiality and for all activities that occur under your username and password. You must notify us immediately if you believe that your online account with simvacy.com has been compromised by unauthorized access so that we may assign you a new username and/or password. All username and password resets will be sent only via email.
ARTICLE 3- ACCOUNT OWNERSHIP
3.1 The owner of a simvacy.com account is the person named as “Primary” contact in simvacy.com’s account database. No other person or entity, named or unnamed, shall maintain ownership or rights to the account nor Service(s) provided therein.
3.2 You may not transfer ownership of your simvacy.com account, nor the Services provided therein, to any party without the expressed consent of simvacy.com.
3.3 In the event of a dispute regarding account ownership, simvacy.com shall, in its sole discretion, determine the rightful owner.
ARTICLE 4-DIRECTORY LISTING/ PUBLICATION OF NUMBER(S)
4.1 We do not publish directories of any of the phone numbers owned and managed by simvacy.com. Further, we will not assist you in publishing any of the phone number(s), provided you by simvacy.com, in any directory.
4.2 It is possible for your phone number(s) to have been listed in a directory and/or on a website(s) or other publications at the request of the previous subscriber of your phone number(s); this factor is beyond our control and we shall not be held liable for any harm or loss resulting from such. If you receive phone calls from a previous subscriber’s callers, which is not uncommon, you should contact us immediately to cancel that phone number(s) and select a replacement phone number(s).
4.3 simvacy.com will not reimburse you, in any way, for any cost(s) associated with the publication of your simvacy.com phone number(s). You are solely responsible for any costs, fees, damages and/or losses related to the publication of the phone number(s) we provide you.
ARTICLE 5- COLLECT CALL AND OPERATOR SERVICES
5.1 Our Services do not support collect calls or operator services.
ARTICLE 6- RESTRICTIONS ON USE
6.1 You agree to use the Service(s) provided you by simvacy.com for legal and legitimate purposes. Unlawful, improper and/or illegitimate use will be defined by simvacy.com or, any official government police agency, which notifies simvacy.com of your unlawful use of the Service it provides to you.
6.2 You are liable for any and all content transmitted through the Service provide you by simvacy.com. You are solely liable for the content of any and all transmissions sent through simvacy.com systems as a result of your use of the Service, regardless of whether or not such content is solicited or unsolicited
6.3 You shall not use the Service provide you by simvacy.com for transmitting obscene, fraudulent, harassing, infringing, libelous, or otherwise unethical content. Further, you shall not use the Service for distributing junk mail, chain letters, “spamming,” telephonic solicitations of any kind or nature, or other such communications or content, regardless of whether or not such content is solicited or unsolicited.
6.4 simvacy.com reserves the right to restrict termination to certain geographical regions and/or certain special services hotlines at its sole discretion. Additionally, simvacy.com reserves the right to refuse service to certain geographical regions at its sole discretion
6.5 simvacy.com may immediately cancel your Service and repossess any and all phone number(s) associated with your account if/when your use of the Service(s) provided to you interfere in any way with simvacy.com ‘s ability to provide Service(s) and products to its other customers.
6.6 Your use of the Service(s) provided you by simvacy.com subjects you to any and all federal, state, and local laws within the fifty states of the Continental United States of America and/or any and all international laws and regulations.
6.7 Should your use of the Service(s) provided you by simvacy.com be deemed of a fraudulent, unethical, or otherwise prohibited nature, by simvacy.com, simvacy.com reserves the right to immediately close your account, terminate all Service to it, and repossess and re-assign any and all phone number(s) associated with said account, and deem forfeit any remaining balance on your simvacy.com account. simvacy.com shall not be held liable for any harm or loss you experience as a result of such actions.
6.8 The Services may not be used to support a calling card platform of any kind.
6.9 Foreign carriers and/or regulatory agencies may impose, upon the end-to-end international service they provide, limitations, restrictions and/or cease entirely your ability to use the Service simvacy.com provides you at anytime, without prior notice. In such case, you must conform to said limitations, restrictions and/or entire cessation of service by the foreign carriers and/or regulatory agencies
6.10 You are not authorized to charge services provided to you to the phone number(s) assigned to you by simvacy.com and you may not request that any third-party service provider charge any such services to any number(s) provided you by simvacy.com. Any such activity will constitute just cause for simvacy.com to immediately cancel your Service and charge your credit/debit card for said charges. simvacy.com shall not be held liable for any harm, loss or damages arising from such actions.
6.11 We may temporarily suspend and/or cancel Service to your account if you change your ring-to destination to a geographical region in which we prohibit termination. In such case, your account and phone number(s) will be disabled until your account is manually reviewed by our staff and/or cancelled entirely.
6.12 You agree to comply with all applicable foreign and domestic laws and rules and regulations regarding the transmission of technical data exported or imported from the United States to your ring-to destination country. Further, you agree to hold simvacy.com harmless of any damages or liabilities, of any kind, related to your violation of US and/or International laws, rules and/or regulations while you are a customer of simvacy.com.
ARTICLE 7- FREE TRIAL OFFER
7.1 simvacy.com reserves the right to amend and/or discontinue its free trial offer at anytime without prior notification.
7.2 simvacy.com reserves the right to establish and/or amend the criteria for qualification of its free trial offer at anytime, without prior notification. Further, not all accounts will qualify.
7.3 Basic requirements for our free trial offer include, but are not limited to the following:
- You have presented a valid credit/debit card for payment; and you are the legal and authorized user and owner of said credit/debit card.
- Upon AUTHORIZATION, your credit/debit card is approved by your bank or financial institution.
- You have completed our email verification process.
- You have had no previous account(s) with simvacy.com.
- Your order is approved upon manual review by our support and sales staff.
7.4 By signing up for our free trial offer you are hereby authorizing simvacy.com to initiate an AUTHORIZATION against your credit/debit card’s available balance in an amount equal to the total monthly/annual cost of the phone number(s) you have ordered; this means that the funds that are authorized may not be considered available funds in said account. Further, once the free trial concludes, simvacy.com will immediately charge the credit/debit card you have presented for payment, regardless of whether or not you used the Service during the free trial period, without further authorization, unless you present a different credit/debit card (which would then be billed immediately) or if you arrange to cancel Service prior to the conclusion of the free trial period. This immediate charge to your credit/debit card, following the free trial period, is completely NON-REFUNDABLE.
7.5 Conclusion of the free trial period does not automatically terminate your Service rather it converts your account into a regular and ongoing paid account. You will be billed immediately after the free trial period and each month thereafter unless you arrange to cancel the Services.
7.6 If you are granted our free trial offer, your free trial will expire at the end of the stated term or upon the exhaustion of the free call time credit, whichever should occur first. If you do not cancel the Service during the free trial period, you authorize us to charge your credit/debit card immediately following the free trial period, for the minimum monthly and/or annual dues and any overages, and to continue charging the credit/debit card(s) on file for your account, without prior notice to you, each month, until such time as you cancel your Service and all fees and charges due have been paid in full.
7.7 The free trial/demo call time credit may not be transferred, exchanged, refunded, or used to pay monthly Service charge(s), unbilled charges or any other fees and charges of simvacy.com.
7.8 If you cancel before the free trial/demo expires you will not be billed for the account you have cancelled. If you cancel before the free trial/demo expires, the authorization against your credit/debit card may remain in effect for 3-4 additional days after cancellation. You may wish to contact your bank or financial institution to ascertain their policies in such matters, as each bank and/or financial institution varies in their policies on such matters.
7.9 During the setup of your account, any and all phone number(s) you order will remain in our pool of available phone numbers until you have completed the order process and your account has been approved and activated by simvacy.com; it is possible, while your account is waiting to be activated by simvacy.com, for another subscriber to purchase the phone number(s) you selected before your account was approved and activated. In such case, once your account is approved and activated, you will need to select a different phone number(s) from our pool of available phone numbers.
7.10 While we make every effort to review and activate accounts instantly, it is not uncommon to experience a brief delay. If this occurs, during this brief period, any phone number(s) you selected at sign-up will remain in our pool of available phone numbers and may be purchased by another subscriber. In such case, you will need to select a different phone number(s) if/when your simvacy.com account is activated. simvacy.com shall not be liable for any harm or loss arising from such a case.
ARTICLE 8- INSTANT ACTIVATION
8.1 You may not begin using the phone number(s) you’ve ordered until such time as your account is approved and activated by us. Activation is normally instant after your payment has been approved.
ARTICLE 9- REGISTRATION
9.1 When signing up for our Services you agree to provide your email address. For dashboard access and billing services.
9.2 If you attempt to sign up for an account that is affiliated, in any way, to an account that has been closed by our Legal Department, your request for Service will be denied and you will need to seek services elsewhere.
ARTICLE 10- FEES, TAXES AND OTHER CHARGES
10.1 If we cannot collect payment from your credit/debit card(s), on the payment due date, regardless of whether or not your Service is suspended by simvacy.com, your account will be closed within 29 days, your phone number(s) repossessed and re-assigned. If payment is not received within 4 days of the due date, your account will be closed within 29 days of the 4th day before the due date, your phone number(s) repossessed and re-assigned.
10.2 You agree to pay simvacy.com all fees and charges as set forth on the simvacy.com operated website. Further, you agree to pay all applicable taxes, surcharges and other government imposed fees for use of the Service(s) provided you by simvacy.com unless you furnish us with proper and officially recognized tax exemption documentation. In the case that you furnish proper and officially recognized tax exemption documentation, said tax exemption will only apply from the date we receive said document, forward. You agree that the filing of all applications and/or forms or statements and reports, with respect to payment of taxes to federal, state and/or local taxing agencies and/or authorities, is your sole responsibility; you hereby release simvacy.com from any and all responsibility and/or harm and loss with respect to this provision.
10.6 You will be billed for all traffic volume you accumulate per the pricing schedule outlined under the “Pricing” tab on our website, regardless of whether or not such volume was accumulated as a result of solicited or unsolicited calls, calls intended for you or not.
10.8 Any chargeback(s) or “inquiry” received by simvacy.com, with respect to a form of payment being used on your account, is just cause for simvacy.com to immediately cancel your Service(s). Further, any and all phone number(s) associated with your account will be repossessed and may be re-assigned to another customer. Additionally, a $6USD fee will be assessed to your account per each chargeback/inquiry received. We may refuse to provide Service to you indefinitely as a result of any chargeback/inquiry. Should we approve your request to re-open the account, or any other account, at a later time, you must first satisfy the following requirements:
- Pay ALL outstanding fees and other charges associated with the account that was cancelled as a result of the chargeback(s).
- Pay a Service Deposit of $15USD in addition to all outstanding fees and other charges associated with the account(s) associated with the chargeback(s) and/or inquiry(s). The Service Deposit will then be applied to the account you wish to open or reestablish.
- Complete and return to us an Authorization Form, including all necessary components thereof.
- Depending on the severity of the chargeback and/or inquiry, we may decline to accept any credit/debit card payments for your account(s); in such case you must send any and all future payments via either certified money order or wire transfer (this includes payment of the outstanding fees and charges plus the restoration of service deposit).
10.11 Any and all handling fees, taxes, or any other fee(s) assessed to your account and/or listed in this TOS agreement are completely NON-REFUNDABLE.
10.12 Any fee(s) not listed in this agreement are posted on the simvacy.com operated website, under the “Pricing” tab, for your review.
ARTICLE 11- PAYMENTS AND BILLING
11.1 Payment(s) are due, in full, on the first day of each monthly/annual term (“due date “). If payment is not received on or by the due date and you do not have sufficient credit allowance, simvacy.com will suspend your Service until payment has been received and posted to your account. Annual plans are prepaid a year in advance in order to take advantage of price savings.
11.2 Pricing information may be found under the “Pricing” tab at: simvacy.com. We may increase or decrease our prices from time to time, without prior notice. If notice is given, such notice will be considered given and effective on the date such changes are made to the price schedule and/or posted at the simvacy.com website address. The new prices listed there supersede any and all previously agreed to prices.
11.3 You may obtain a monthly billing statement detailing usage for the previous month by accessing your online web account at the simvacy.com operated website at the beginning of each month.
11.4 simvacy.com reserves the right to suspend or cancel your account and repossess and re-assign any phone number(s) associated with your account, without prior notice, for non-payment or any violation of any provision of this agreement.
11.5 You agree that you are solely responsible for ensuring that you maintain an adequate simvacy.com account balance. While we may periodically send you email notifications regarding your account’s status, we are not obligated to do so. Accordingly, in the event that we attempt to notify you of your account’s status and are unsuccessful, you hold simvacy.com harmless of any harm or loss resulting from the suspension and/or cancellation of your account and/or repossession and re-assignment of your phone number(s) as a result of the same.
11.7 We reserve the right to obtain payment from any and all credit/debit card(s) on file for your account with simvacy.com, at anytime, without further authorization. Further, if payment is not immediately available on said card(s), we reserve the right to continue to attempt to obtain payment until such a time as payment is successful.
11.8 If, as a result of our billing system and processes, your bank or financial account becomes overdrawn, you will be the sole party responsible for said fee(s). simvacy.com will not reimburse you for any such fee(s) nor shall it be liable for any harm or loss you experience as a result of such.
11.9 We reserve the right to refuse or reject payments sent to us from “unconfirmed” and/or “unverified” PayPal accounts. If your PayPal payment is accepted by our Accounting Department, your payment will be posted to your simvacy.com account within 24 business hours. Further, all such payments are posted in the order in which they were received.
11.11 All monies are payable to simvacy.com in US currency only. If you send funds in any other currency, simvacy.com may either reject your payment or convert the payment into US dollars using the exchange rate in effect at that time.
11.15 The monthly/annual minimum fee(s) are due each month, regardless of usage. Any unused included plan minutes will expire at the end of each month and will NOT “rollover” for future use.
11.17 We reserve the right to dispute any chargeback initiated by you or your bank. Further, you agree that simvacy.com may furnish any and all information it has on file for your account to the chargeback originating banking or financial Institution in an effort to validate our dispute of the chargeback(s).
11.18 You are solely responsible for updating your payment method whenever changes occur such as a change in your billing address, name, credit/debit card number, lost/stolen credit/debit card, and the like.
11.20 Our name should appear on your credit/debit card statement(s) as “simvacy.com”
11.21 We shall not be held liable for any interruption of the Service during this interim waiting period. Because of this, we strongly recommend that you make such payment arrangements well in advance, to avoid interruption of the Service.
ARTICLE 12- AFFILIATE PROGRAMS
12.1 We may, at our sole discretion, offer affiliate-based programs that offer bonuses and/or credits to simvacy.com subscribers who participate in such programs. These bonuses and/or credit(s) may not be transferred, exchanged, refunded, or used to pay monthly/annual Service charge(s), unbilled charges, or any other fees and charges of simvacy.com; further, such bonuses and/or credit(s) may not be redeemed upon your account’s cancellation or suspension.
12.2 Bonuses for participation in any our affiliate based programs are given only for the first six months of your participation in said program. No further bonuses/credits will be applied to your account when your participation in said program exceeds six months.
12.3 We reserve the right to discontinue any and/or all of our affiliate based programs at anytime, without further notice to you. Additionally, we reserve the right to modify, amend, adjust or cancel the bonus structure of any of our affiliate based programs at anytime, without further notice.
12.4 We reserve the right to determine the criteria and qualifications for our affiliate based programs. Not all accounts will qualify.
ARTICLE 15- REFUND POLICY
15.1 simvacy.com will, upon your request, issue a refund of the UNUSED portion of your simvacy.com account balance less any monthly dues and/or fees and other charges. All refunds must be processed through simvacy.com and NOT BY CONTACTING YOUR CREDIT CARD COMPANY.
15.2 If you request a refund, funds will be refunded only to the same person or organization as named on the account. Refunds will be made either using the same form of payment that has been used on the account, credit card, PayPal, bank check, money order or wire transfer, or a bank check at the sole discretion of simvacy.com.
15.3 If you request a refund, and the original form of payment was a credit/debit card, and the refund cannot be processed back to said card, for whatever reason, you must setup a PayPal account (if you don’t already have one) in order to receive your refund. Once you have established your PayPal account you should notify our Billing Department directly to inform them of the particulars of the PayPal account you would like your refund issued to.
15.4 If you make a payment to simvacy.com, and simvacy.com suspects that you are or have been associated with fraud using our Service, your payment will be deemed forfeit immediately upon receipt. Accordingly, you will not be eligible for a refund of monies paid to simvacy.com. simvacy.com shall not be held liable for any harm or loss resulting from such action.
15.5 No credit allowance(s)/refund(s) will be issued, whatsoever, for any of the following, including but not limited to: non-usage, interruption of service, hung call(s), misdialed call(s), or any other activity, which increases your call volume and/or account usage.
15.6 If you do not agree with a charge(s) to your account and/or credit/debit card, with respect to your account with simvacy.com, you must notify us in writing both at Billing@simvacy.com If you fail to notify us, as outlined above, within the time frame specified above, you agree to waive any and all right(s) to contest the transaction(s) in question. In no way does a billing adjustment/refund request constitute just cause for any delay in payment of the full amount due. Should simvacy.com find that the billing adjustment/refund request is warranted, simvacy.com will issue a credit to your simvacy.com account within thirty (30) days of said decision.
ARTICLE 16- CANCELLATION POLICY
16.1 You may cancel your account with simvacy.com, via phone, Chat or via your account dashboard at any time. WE DO NOT ISSUE REFUNDS/CREDITS FOR ANY PARTIAL MONTHS SERVICE.
16.2 simvacy.com reserves the right to discontinue furnishing Services to you, cancel your account, and/or block your access to our network and online interface, without incurring liability and without prior notice, if you breach any provision of this agreement in any way or if we deem such action necessary to protect us from fraud or otherwise protect our personnel, facilities or services. Without limitation, we may take any and all of the actions listed within this agreement at our sole discretion. Further, we reserve the right to suspend or discontinue service generally, at anytime, without prior notice.
16.3 If your account is canceled, the cancellation will take immediate effect. All Service(s) associated with your account will be immediately disabled and may not be available at a later date/time. Any and all phone number(s) associated with your account will be taken back. You will not be able to use any of the facilities and/or Services associated with your account after cancellation.
16.4 simvacy.com does not have the ability to schedule a cancellation for a future time/date.
16.5 Cancellation may be made online via your user account by you anytime you wish.
16.6 Your account is not considered cancelled until such time as you have been provided a Cancellation Confirmation Number. If you have not received a Cancellation Confirmation Number you should consider your account active.
16.7 You understand that following the cancellation of your service, for any reason, your previously assigned phone number(s) may be re-assigned, after 1 year to another customer. Further, you agree that simvacy.com shall not be liable for any damages (including but not limited to consequential or special damages) arising out of any such re-assignment and you hereby waive any claims with respect to such re-assignment, whether based on contractual, tort or other grounds, even if simvacy.com has been advised of the possibility of damages.
ARTICLE 17- OUR RIGHTS TO LIMIT OR TERMINATE SERVICE OR THIS AGREEMENT
17.1 simvacy.com can, without prior notice, limit or terminate the Service(s) it provides to you for this or any other good cause, including but not limited to: (I) if you or any user of your simvacy.com account: (a) breach this agreement in any way; (b) provide false or misleading information about your identity; (c) use our service in any way that disrupts our ability to provide Services to our existing customers; (d) use our service in any way that adversely affects our relationship with our vendors and/or our ability to offer Services to our future customers; (e) provide false or misleading credit and/or financial information to us; (f) become insolvent or go bankrupt; (g) are involved, either directly or indirectly, in any official police investigation simvacy.com receives notification of; (h) constantly express your dissatisfaction with our Service and hinder, in any way, our ability to remedy any issues you may have with your Service (which may include, but is not limited to: constant phone calls and/or emails to us about the issues you have reported); (i) steal from us; j) interfere with our operations and/or network quality in any way; (k) refuse to pay when billed for service; (l) refuse to furnish information requested by us or present false or misleading information which is essential for billing purposes or for establishing your creditworthiness; (m) act in a manner that is threatening, harassing, obscene, or otherwise inappropriate and/or abusive towards our representatives; (n) use our services in a fraudulent manner with the intent to deceive; (o) have been given written notice of an outstanding balance owed to us yet your balance remains unpaid for twenty-nine (29) days; (p) were previously served with notice of your breach of this agreement, were allowed to and took corrective action, but thereafter engaged in the same breach activity or a new breach of this agreement; (q) act in a manner that hinders or frustrates any investigation by us or others having legal authority to investigate our legal obligations.
17.2 If you file for bankruptcy, our rights to limit and/or terminate your Service and/or this agreement shall be governed by bankruptcy law.
17.3 simvacy.com may limit or terminate your Service as a result of any new governmental regulations and policies, whether domestic or international, which it must adhere to.
ARTICLE 18- WARRANTY DISCLAIMER
18.1 simvacy.com WILL MAKE ALL REASONABLE EFFORTS, UNDER THE CIRCUMSTANCES, TO MAINTAIN ITS OVERALL NETWORK QUALITY. simvacy.com MAKES NO WARRANTIES ABOUT THE SERVICE PROVIDED HEREUNDER, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTIBILITY, COMPLETENESS, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ACCORDINGLY, ALL SERVICES OFFERED BY simvacy.com ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO CREDIT ALLOWANCES ARE PROVIDED FOR INTERUPTION OF SERVICE OF ANY KIND. IN NO EVENT SHALL simvacy.com BE HELD LIABLE TO YOU NOR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, ACTUAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION TO, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF YOUR CLIENT(S) GOODWILL, ARISING IN ANY MANNER FROM THIS AGREEMENT AND OR THE PERFORMANCE OR NONPERFORMANCE HEREUNDER. NEITHER PARTY SHALL BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF ANY PARTY OF THIS AGREEMENT, OTHER THAN FOR ANY DELAY OR FAILURE IN AN OBLIGATION TO PAY MONEY, TO THE EXTENT SUCH DELAY OR FAILURE IS CAUSED BY FIRE, FLOOD, EXPLOSION, ACCIDENT, WAR STRIKE, EMBARGO, GOVERNMENTAL REQUIREMENT, CIVIL OR MILITARY AUTHORITY, ACT OF GOD, INABILITY TO SECURE MATERIALS OR LABOR, OR ANY OTHER CAUSES BEYOND THEIR REASONABLE CONTROL. ANY SUCH DELAY OR FAILURE SHALL SUSPEND THIS AGREEMENT UNTIL THE FORCE MAJEURE CEASES AND THE TERM SHALL BE EXTENDED BY THE LENGTH OF THE SUSPENSION. THIS AGREEMENT SUPERCEDES ANY AND ALL PRESENT AND FUTURE AGREEMENTS MADE BETWEEN YOU AND simvacy.com WITH RESPECT TO QUALITY, UP-TIME, RELIABILTY, AND GENERAL PERFORMANCE. simvacy.com DOES NOT WARRANTY THE RELIABILTY, UP-TIME, QUALITY, AND GENRAL PERFORMANCE OF THE SERIVCE IT PROVIDES TO YOU. FURTHER, simvacy.com MAKES NO WARRANTY THAT THE SERVICE(S) IT PROVIDES TO YOU WILL BE UNINTERRUPTED.
ARTICLE 19- PROPRIETARY
19.1 simvacy.com maintains exclusive ownership of the service interest and title, including but not limited to all of its trademarks, copyrights and other intellectual property. Additionally, simvacy.com maintains sole and exclusive ownership of the all telephone numbers and/or fax numbers managed by simvacy.com’s system, voicemail services offered through simvacy.com, fax services offered through simvacy.com and all technologies and software it creates. Any and all rights not expressly stated herein are retained by simvacy.com.
19.2 We reserve the right not to disclose our carrier/supplier information to you.
ARTICLE 20- COMMUNICATIONS
20.1 Notices are given by simvacy.com via email, by a general posting on the simvacy.com website and/or via telephone. simvacy.com reserves the right to determine which method of communication it employs to communicate with you.
20.2 simvacy.com will make all reasonable efforts to deliver email notifications to you regarding the status of your account. It is beyond our control if you do not receive the communications we attempt to deliver to your email address. simvacy.com shall not be liable for any harm or loss resulting from the suspension, repossession and/or re-assignment of your assigned phone number(s) and/or cancellation of your account because you did not receive our email communications. Further, we may change or cease entirely all notifications at any time without prior notice.
20.3 You agree to waive your rights under these Terms of Service to receive ten (10) days advance notice of the amount that we will debit from your credit/debit card(s) on file for your simvacy.com account. While we may send you email notices from time to time regarding the billing matters of your account, we are not obligated to do so. We may change or cease entirely our notifications at any time without prior notice.
20.4 When contacting us via email, voicemail, fax and/or postal mail, we ask that you allow at least 24 business hours, from the time we receive your inquiry, to receive a response from us. Occasionally, response times may be greater, depending on the volume of communications we receive from our other customers. All communications we receive are handled in the order in which they were received. If you do not receive a response within 24 business hours, we strongly recommend that you contact us by phone (during our normal business hours) to have your concerns addressed; if you fail to make such contact, in such case, you do so at your own risk and your matter will remain in the queue until it is handled by our support staff.
20.5 When communicating with us via phone you may be asked to verify your account number, the name on file for your account, and the full billing address you provided; if you are unable to verify this very basic information our support staff will be unable to assist you. We ask that you please call back when you have this information available.
ARTICLE 21- PRIVACY
21.2 We deem fit, if we suspect a breach of this agreement or if think it necessary to protect us from imminent harm or loss.
21.3 During the term of this Agreement, The Company agrees that it shall not share, sell, trade, barter, or offer for free the use of the Customer’s name, logo, and affiliate data to any other individual, corporation, or entity that is not owned in whole or in part by the Company.
21.4 In an effort to protect our subscribers from credit/debit card fraud, simvacy.com actively analyzes all new accounts and existing accounts to identify and block individuals suspected of fraud from using our Service now and in the future.
ARTICLE 22- BINDING AGREEMENT
22.1 This is a binding agreement. All parties named herein agree to be bound by the terms of this agreement for the life of this agreement.
22.2 You may not transfer your rights and/or obligations under this agreement without the expressed prior written consent of simvacy.com.
ARTICLE 23- HEADINGS OF NO FORCE OR EFFECT
23.1 The headings throughout this agreement are intended for reference only and have no effect or bearing on the meaning of any provision listed herein.
ARTICLE 24- INDEMNIFICATION
24.1 You shall defend, indemnify, and hold harmless simvacy.com, its officers, directors, employees, and agents from any breach of this Agreement, use of Customer’s account or in connection with the placement or transmission of any message, information, software or other content using the Services. simvacy.com shall be defended by attorneys of their choice at Customer’s expense.
ARTICLE 25- SEVERABILITY
25.1 Should any parts of this agreement be legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. In such a case, said invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
ARTICLE 26- ADDITIONAL PROVISIONS
26.1 Should a problem/issue arise with the Service you must notify us immediately so that we may remedy, to the best of our ability, the problem/issue you are having with the Service; if we are unable to remedy the problem you are having with the Service you will be offered a replacement phone number(s), at an equal or greater monthly cost. If you opt not to take the replacement phone number(s), you may continue to use the problematic Service at your own risk.
26.2 You are responsible for reviewing the TOS available on the simvacy.com website for any amendments to this agreement and/or our rates and/or other amendments to our Service. Your continued use of the Service, after simvacy.com’s posting of any amended version of its TOS, rates, and/or modifications to its Service, constitutes your acceptance and agreement with any and all amendments made and such modifications/amendments supersede any previous agreements between you and simvacy.com.
26.3 As we are a US-based company, we observe all US national holidays. During such times, our offices will be closed; our regular business hours will resume following the holiday period. If you have in inquiry during a period in which our offices are closed, please send us an email at Billing@simvacy.com or call us on the next business day following the holiday period.
26.4 Should you violate any term(s) of this agreement, simvacy.com reserves the right to immediately cancel all Service(s) it provides to you.
26.5 You promise that you are of legal age to enter into this agreement and that you fully understand and fully agree with all of its terms and conditions.
26.6 ALL content on this site is copyright protected and may not be reproduced, adopted, or transmitted without the prior written consent of simvacy.com.
26.7 This constitutes the entire Terms of Service agreement between the parties named herein and this agreement may only be amended by simvacy.com.