Trial account - the trial account is for 30 days and will automatically expire at the end of that time. You will not be billed again after the initial charge for the trial account unless you choose to upgrade.
Paid accounts, non-trial, (plan) is a monthly recurring service. You will be billed each month on your billing date, the date of the month you signed up, for the amount of the plan you choose. There are no long term contracts and there are no refunds or pro-rated payments. It is a pay as you go service and you can cancel whenever you like. We will charge the card on file and you are required to keep it current along with an email address for your account. Charges will appear as MSCC Corp. If your card is declined we will alert you via the email address on your account and when you login, we may suspend the sending of reminders for a late account. If the account is not updated it may be cancelled after 5 days. Taxes: Unless otherwise stated the service is stated exclusive of all taxes or duties payable in respect of the service and you are responsible for payment of all taxes or duties in addition to the service.
The service is only to be used to send reminders to your client, customers or people you have a relationship with that have an appointment or meeting with you. You are required to inform them you will send reminders or alerts and get their permission to do so. We reserve the right to cancel your account at any time if there are complaints about the use of the service or attempts to send bulk messages or any inappropriate use. Anyone who requests to unsubscribe or stop receive messages you must honor their request immediately.
The plan you choose for the service has a limit to the number of reminders or alerts that can be sent. On the dashboard of your account you can see how many have been sent, are scheduled and how many more you have for the current billing period. If you exceed the number scheduled, only the maximim number of reminders will be sent. The plan you choose also sets the number of schedules and users that can access your account. we reserve the right to make changes to the plan and the number of reminders and features at any time. Any unused reminders expire at the end of the billing period. You are responsible to ensure the number you send to can receive sms messages. You will be billed for the reminder regardless of delivery or the email or sms message. The definition of one reminder or alert is:
a.) One email sent to one destination email address
b.) One sms (text message) to one phone number. The maximum size of the sms message is determined by the carrier in the location it is sent to but in general is 160 characters. Any message that is beyond the limit set by the carrier receiving the message will be split into segments. You are charged one reminder per segment of the sms message.
MSCC provides you the non exclusive right to use of the service but retain all rights and intellectual property of the service. Any inappropriate use or attempted use of the service or our servers or property will be grounds for immediate account cancellation with no refunds. MSCC may terminate your use of the service at any time, for any reason and MSCC may deny anyone use of the service at any time, for any reason.
Limitation of Liability. THE SERVICE IS SOLD "AS IS" AND "WITH ALL FAULTS"”. MSCC MAKES NO WARRANTY THAT THE SERVICE IS FREE OF ANY DEFECTS OR ERRORS, SECURE WILL ALWAYS BE AVAILABLE OR REMINDERS WILL BE SENT OR RECEIVED WHEN SCHEDULED. MSCC IS NOT RESPOSIBLE FOR ANY DATA LOSS OR CORRUPTION. IN NO EVENT SHALL MSCC BE RESPONSIBLE FOR LOSSES, EXPENSES (INCLUDING LEGAL EXPENSES) OR DAMAGES ARRISING FROM THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ALL USERS OF THE SERVICE IS IN ACCORDANCE WITH THE LAW OF BOTH THE UNITED STATES AND YOUR AND THEIR JURISDICTION.
You are responsible and required to:
a.) follow all laws for sending emails and sms messages.
b.) ensuring all users of your account follow these terms.
c.) getting permission from all contacts to send email or sms messages
d.) keep a current credit card and email address on file for your account
e.) keeping all username and passwords for your account safe and secure
f.) maintaining backups of all client data and data entered into the service
This Agreement shall be governed by Illinois law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Illinois. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and MSCC as a result of this agreement or use of the Service. The failure of MSCC to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MSCC in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and MSCC and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.