Your Customer Agreement
1. Welcome to Clerks.io
Please read this agreement regarding the software programs and service. When you accept this agreement, you’re bound by its conditions. It applies to all your services from Clerks.io Inc and covers important topics such as:
How long this agreement lasts
- License not ownership of the software
- Your rights to refuse or cancel this agreement
- Our friendly 30-day return policy
- Our rights to limit or end service or this agreement
- Limitations of liability and privacy
- How to handle disputes if they arise, including arbitration
2. Your Monthly Rate Plan
The monthly rate plan you select is part of this agreement. To the extent any condition in your plan expressly conflicts with this agreement, the condition in your plan will apply.
Your Rights to Refuse or Cancel This Agreement
After you’ve had an opportunity to review this agreement, it will begin when you do any of the following to indicate your acceptance:
Activate your service
- Give us a written or electronic signature indicating your acceptance
- Tell us electronically that you accept
If you do not wish to accept this agreement, do not do any of the above actions
3. Service Cancellation
If for any reason you are not completely satisfied with your service and you wish to cancel, you’ll be able to do so as described below. You will receive a final bill that will detail all the charges and credits on your account. If you wish to cancel your service before the end of a given month, you’ll be responsible for any account charges and overages through the date of your final bill.
Although cancellations are effective immediately, we don’t bill for partial months; therefore, you’ll be charged for the entire month.
If you decide to cancel within the first 30 days of service we will refund the amount paid for any unused calls.
4. Charges and Fees
There is a fee associated with beginning your service and there may be a fee associated with reactivating your service later if you choose to cancel. Usage charges may vary depending on the services selected.
- 4.1 How We Calculate Your Bill
Your bill is our notice to you of your fees, charges and other important information. It reflects the fees and charges in effect for your service plan at the time they are incurred.
- 4.2 Payments, Deposits, Credit Cards, And Checks
Payment is due in full as stated on your bill. IF WE DON’T RECEIVE PAYMENT IN FULL WHEN DUE, WE MAY, TO THE EXTENT PERMITTED BY THE LAW OF THE STATE OF THE BILLING ADDRESS WE HAVE ON FILE FOR YOU AT THE TIME, CHARGE YOU A LATE FEE UP TO 1.5 PERCENT A MONTH (18 PERCENT ANNUALLY) OR A FLAT $10 A MONTH, WHICHEVER IS GREATER, ON UNPAID BALANCES. WE MAY ALSO CHARGE YOU FOR ANY COLLECTION AGENCY FEES BILLED TO US FOR TRYING TO COLLECT FROM YOU. SHOULD WE NOT RECEIVE YOUR LATE PAYMENT, WE MAY SUSPEND YOUR SERVICE UNTIL PAID IN FULL. WE RESERVE THE RIGHT TO CHARGE A RECONNECTION FEE OF $25. IF YOUR ACCOUNT REMAINS UNPAID, WE WILL CANCEL SERVICE FOR NON-PAYMENT.
- 4.1 How We Calculate Your Bill
We reserve the right to require recurring credit card billing for certain products or services. You agree that we can apply deposits, payments, or repayments in any order to any amounts you owe us on your account(s). We will not honor limiting notations you make on or with your checks. We may charge you up to $25 for any returned check or denied credit card charges, depending on applicable law.
5. Service Subject to Change
Your service is dependent upon our business requirements, including policies, practices and procedures, which we can change without notice. Unless otherwise prohibited by law, we can also change prices and any other conditions in this agreement at any time by sending you written notice prior to the billing period in which the changes would go into effect. If you choose to use your service after that point, you’re accepting the changes. If the changes have a material adverse effect on you, however, you can end the affected service, without any early cancellation fee, just by calling us within 60 days after we send notice of the change.
6. Rights in Numbers We Assign to You
You do not have any rights in the personal identification number or identifier we assign to you. The same is true for your wireless phone numbers, except for your right to transfer it. In the event we need to change or reassign them, we’ll let you know.
7. Our Rights to Limit/End Service or This Agreement
You agree not to resell our service to someone else without prior written permission from Clerks.io Inc. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND OR END YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR VIOLATING THIS AGREEMENT OR FOR ANY OTHER GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO:
Two or more late payments in a 12-month period.
- b. Harassing our employees or agents.
- c. Lying to us.
- d. Interfering with our operations.
- e. Becoming insolvent or going bankrupt.
- f. Breaching this agreement.
- g. “Spamming,” or other abusive messaging or calling.
- h. Providing credit information we can’t verify.
- i. Using your service in a way that adversely affects other customers.
- j. Allowing anyone to tamper with your Clerks.io number.
We can also temporarily limit your service for any operational or governmental reason.
8. Your Privacy
9. Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE. WE CAN’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DON’T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN’T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE.
You agree to indemnify, defend and hold Clerks.io Inc harmless from any claims arising out of use of the service, breach of this agreement or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use the service.
11. Waivers and Limitations of Liability
UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ONE OF OUR SUPPLIERS, TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THE SUPPLIER FOR SUCH CLAIM. You agree we aren’t liable for problems caused by you or a third party or other things we don’t control. You also agree Clerks.io Inc is not liable for missed VoiceMail(s), or deletions of VoiceMail(s) from your VoiceMail box (if you have one), even if you’ve saved them.
12. Handling Disputes with Clerks.io Inc
ANY CLAIM OR DISPUTE BETWEEN YOU AND Clerks.io Inc IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO YOU, INCLUDING ANY BILLING DISPUTES (CLAIM), SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”).
THIS AGREEMENT TO ARBITRATE ALSO REQUIRES YOU TO ARBITRATE CLAIMS
AGAINST OTHER PARTIES RELATING TO SERVICES OR PRODUCTS PROVIDED OR BILLED TO YOU, INCLUDING SUPPLIERS OF SERVICES AND PRODUCTS AND OUR RETAIL DEALERS, IF YOU ALSO ASSERT CLAIMS AGAINST US IN THE SAME PROCEEDING. YOU AND WE ACKNOWLEDGE THAT THE AGREEMENT AFFECTS INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ARBITRATIONS UNDER THE GREEMENT. BEFORE INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT: CLERKS.IO INC, 10117 SE SUNNYSIDE RD STE. F34, CLACKAMAS, OR 97015 AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE NOT ABLE TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU OR WE, INSTEAD OF SUING IN COURT, MAY INITIATE ARBITRATION PROCEEDINGS WITH THE AAA. ARBITRATION WILL BE CONDUCTED UNDER THE AAA’S PUBLISHED WIRELESS INDUSTRY ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT WWW.ADR.ORG. THE AAA HAS A FEE SCHEDULE FOR ARBITRATIONS. YOU WILL PAY YOUR SHARE OF THE ARBITRATOR’S FEES AND ADMINISTRATIVE EXPENSES (“FEES AND EXPENSES”)
(A) FOR CLAIMS LESS THAN $25, WE WILL PAY ALL FEES AND EXPENSES;
AND(B) FOR CLAIMS BETWEEN $25 AND $1,000, YOU WILL PAY ONLY $25 IN FEES AND EXPENSES, OR ANY LESSER AMOUNT AS PROVIDED UNDER AAA’S SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES.
YOU AND WE AGREE TO PAY OUR OWN OTHER FEES, COSTS, AND EXPENSES, INCLUDING THOSE FOR ANY ATTORNEYS, EXPERTS, AND WITNESSES. AN ARBITRATOR MAY ONLY AWARD AS MUCH AND THE TYPE OF RELIEF AS A COURT WITH JURISDICTION IN THE PLACE OF ARBITRATION THAT IS CONSISTENT WITH LAW AND THIS AGREEMENT. AN ARBITRATOR MAY ISSUE INJUNCTIVE OR DECLARATORY RELIEF BUT ONLY APPLYING TO YOU AND US AND NOT TO ANY OTHER CUSTOMER OR THIRD PARTY.
AS A LIMITED EXCEPTION TO THE AGREEMENT TO ARBITRATE, YOU AND WE AGREE THAT:
(A) YOU MAY MAKE CLAIMS TO SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY FOR HEARING BY SUCH COURT; AND
(B) IF YOU FAIL TO TIMELY PAY AMOUNTS DUE, WE MAY ASSIGN YOUR ACCOUNT FOR COLLECTION, AND THE COLLECTION AGENCY MAY PURSUE IN COURT CLAIMS LIMITED STRICTLY TO THE COLLECTION OF THE PAST DUE DEBT AND ANY INTEREST OR COST OF COLLECTION AGREEMENT. AS PERMITTED BY LAW, OR WHETHER CLASS ACTION IN COURT, WAIVER SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE
ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT. JURY TRIAL WAIVER, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WE WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.
13. About You
You represent that you’re at least 18 years old and have the legal capacity to accept this agreement. If you are ordering for a friend or a member of your family, you are bound by the terms of this agreement, unless and until, your friend or family member has agreed to the terms of this agreement. If you’re ordering for a company, you’re representing that you are authorized to bind the company to the terms of this agreement, where the context “you” means the company.
14. About This Agreement
If either of us waives or doesn’t enforce a requirement under this agreement in an instance, we don’t waive our right to later enforce that requirement. You can’t assign this agreement or any of your rights or duties under it. We may assign all or part of this agreement or your debts to us without notice, and you agree to make all subsequent payments as instructed. Notices are considered delivered when we send them by email or fax to any email or fax number you’ve provided to us, or three days after mailing to the most current billing address we have on file for you, if by us, or to the Customer Service address on your most recent bill. If any part of this agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this agreement. This agreement and the documents to which it refers form the entire agreement between us on their subjects. You can’t rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this agreement, except as specifically provided by law. This agreement isn’t for the benefit of any third party except our parents, affiliates, subsidiaries, agents and predecessors/successors in interest. Except to the extent we’ve agreed otherwise in the provisions on late fees and arbitration, this agreement and disputes covered by it are governed by the laws of the state of Oregon, without regard to the conflicts of the laws or rules of that state.