BUSINESS TERMS AND CONDITIONS / SERVICE AGREEMENT

PRODUCTS AND SERVICES OFFERED: Bill to Credit Card 800 Number

It is stipulated as follows:

BillPerCall.com is a telecommunications company which offers the marketing of a multitude of services through 800 bill-per-call telephone lines in exchange for a commission based upon a flat rate fee or a percentage of the profit earned during each of Client's used minutes.

BillPerCall.com will perform all necessary programming, maintenance and hosting of Client's 800 lines. BillPerCall.com will charge Client a one-time setup fee for Custom 800 number programming and website development services which will enable Client to take advantage of any desired program.


1. ORDER COMPLETION TIME
After receipt and review of Client's Order Form with payment, BillPerCall.com will complete all programming and installation within 3-10 business days, depending on the bill-per-call package selected, and will then forward to Client the Notification of 800 Line Activation, which will include all necessary information for Client to begin telephone line(s) usage. Confirmation of this activation will be sent to Client via email and/or postal mail.

2. NOTIFICATION DISCLOSURES
Any notice required under this Agreement shall be in writing and shall be effective as of the date received. Any notice may be delivered by certified mail, facsimile, or by email to the party entitled to receive such notice at the address contained in this agreement.

3. LITIGATION AGREEMENT
Any unresolved disputes between the parties shall be litigated in the courts of the State California, County of Humboldt. The losing party to any dispute so litigated shall pay to the other party any attorney fees and/or costs resulting from such litigation.

4. TECHNICAL SUPPORT
BillPerCall.com offers both phone and email support in order to provide Client with ongoing assistance in the marketing of the 800 line(s). All requests for support or assistance will be responded to within 24 hours or sooner.

5. SETUP COST
Initial one-time setup fee ranges from $99 to $999. Cost may vary based on the package Client selects at setup time. This one-time setup fee is non-refundable.

6. MONTHLY MAINTENANCE FEE
Client authorizes BillPerCall.com or a third party provider to charge the credit card it has on file or to bill client for maintenance fees. This charge will be processed in monthly cycles from the date of setup completion. The automatic recurring charge authorization will remain in effect until such time Client gives written notice to cancel by email or regular postal mail. BillPerCall.com may cancel this agreement with or without notice if the maintenance fee or minimum line usage fee is not paid in a timely manner.

7. CANCELLATION
Client may cancel service with BillPerCall.com at any time, but Client shall not receive a refund of any monies paid to BillPerCall.com prior to the date of cancellation. Client may request to have their Bill Per Call Platinum services temporarily disabled for up to one year without Client being billed a monthly fee or minimum line usage fee. The fee for re-connecting service is $100. Client also has the right to transfer their 1-800 number to another service provider without being charged a penalty. BillPerCall.com may cancel this agreement in the event that Client commits any of the following: non-payment of monies due to BillPerCall.com, acts of fraud including but not limited to false or fraudulent bill-per-call minutes, spam abuse, or other any other acts of fraud.

8. PAYOUT
Direct Deposits take place from the 25th to the 27th of the month payable for the preceding month's activity. A reserve in the amount of 10% of each calendar month’s gross revenue may be held for a period of 90 days if high risk card processing is suspected. Each month’s reserve amount will be released on the immediate payout date following the 90 day reserve period. BillPerCall.com may modify its reserve percentage, and length of reserve at any time based on Clients transaction history. After one year with a low chargeback rate the percentage may be reduced or the reserve may be removed. The average chargeback rate with our clients has been steadily less than half of one percent. The client will be held financially responsible for the result of any and all chargebacks for the full amount of each chargeback plus the $25 fee that our merchant bank charges. A chargeback occurs when a party declines to pay the charges they were billed by their credit card company for calls placed to the client’s 1-800 number. Each month the client will receive a statement providing complete details of any chargeback activity.

*Please note that for users of Payflow Gateway there is no reserves for chargebacks because the funds are captured directly into Client's own merchant account.


9. FORCE MAJEURE CLAUSE
Throughout the term of this Agreement, BillPerCall.com will use their best efforts to maintain the services and the operations of 800 lines and all web sites that are operated under the terms of any BillPerCall.com Service Agreements. In no event shall BillPerCall.com or any of its affiliates be held liable for any damages, claims, or losses to the Client or Information Provider as a result of downtime or termination of telephone services that arise as the result of unspecified occurrences and events beyond the control of BillPerCall.com.

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