Confidentiality, Terms & Conditions Agreement!


 

Confidentiality Agreement

 

This confidentiality agreement ("Agreement") is made and entered into today by and between the Customer ("User") and T-Max Dialer & Communications ("T-Max").

 

Witnessed:

 

Whereas, User wishes to engage T-Max to provide telephone dialer products and related services for User; and

 

Whereas, T-Max will receive information about the User and its members which will include telephone numbers, name and other confidential information,

 

Whereas, T-Max agrees to keep the Information confidential,

 

Now, THEREFORE, the receipt and sufficiency of which is expressly acknowledged by the undersigned, User and T- Max hereby agree in consideration of the disclosures of the Information described herein, and for other good and valuable consideration, as follows:

1. T-Max shall use the Information for the sole purpose of providing telephone dialer products and related services for User.

2. T-Max shall keep the Information confidential and will not, at any time, directly or indirectly, use or disclose the Information except in performing services requested by User. The Receiving Party may disclose Confidential Data if such disclosure is required by applicable law, rule or regulation or if in response to an order or request from a court, or other governmental agency or regulatory commission to disclose such Confidential Data; provided, however, that before making such disclosure, the Receiving Party shall first give the Disclosing Party prompt and reasonable notice of such request to enable the Disclosing Party the opportunity to object to the order or request, and/or to obtain, at its sole expense, a protective order covering the Confidential Data to be disclosed.  

3. T-Max shall (i) inform all of its employees of their obligation to maintain strict confidentiality of the Information, (ii) maintain strict security measures which will prevent disclosure of the information to any third party.
4. T-Max is committed to protecting the privacy of its USERs and the security of data that is under T-Max's control. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of the information, T-Max has put in place security procedures for its physical, electronic, and managerial operations to include, but not limited to, strong authentication, fire walls, VPNs, industrial strength encryption, and secure servers.
5. If any of the covenants set forth in this Agreement are not enforceable, in whole or in part, the remaining covenants set forth herein shall be enforceable notwithstanding the invalidity of any other covenants. Any covenants not enforceable in part shall be enforced to the extent valid and enforceable.
6. All pricing is to remain in strict confidence and shall not be disclosed by either party to an outside third party.
7. Any information sent to you by T-Max Dialer & Communications is not to be construed as legal advice and may not be used as legal advice. It should not be used to replace the advice or your own legal team.

8. This Agreement expresses the sole and entire agreement between the parties with respect to the matter discussed herein and supersedes all prior discussions, representations and understandings regarding the matters herein.
9. T-Max reserves the right to dissolve this agreement and eliminate associated passwords including USER accounts at will and without notice. Information provided by the USER including but not limited to phone lists and data files will remain the exclusive property of the USER. T-Max will provide to its current USER a thirty (30) day written notice prior to any price increase T-Max agrees not to rent, sell, loan or provide this information to any person or company without written permission by the USER. In no event shall either party be liable for any incidental, special, consequential or punitive damages including loss of use, profits, revenue or goodwill.
10. T-Max shall indemnify and hold harmless USER from and against any and all claims, demands, and actions, and any liabilities, damages, or expenses resulting there from, including court costs and reasonable attorney fees, arising out of or relating to T-Max’s breach of its obligations under this Agreement and any negligent or intentional misconduct of T-Max Dialer & Communications or its agents or contractors. T-Max's total liability shall be limited to the amount of payment for product or services received from USER during the calendar month such liability arose. T-Max shall not be liable for any failure of performance due to causes or circumstances beyond T-Max Dialer's control. Nor shall T-Max Dialer & Communications be liable for any act or omission of any other person or company furnishing any portion of a product or service. T- Max's obligations under this Section shall survive the termination of this Agreement for any reason.

11. USER shall indemnify, hold harmless and defend T-Max Dialer & Communications from and against any and all losses, liability, penalties, fines, damages and expense, including the fees and expenses of counsel caused by any third party claims arising from (i) the transmission of information, data, or messages over T-Max Dialer & Communications' broadcasting network by or on behalf of USER or (ii) USER's information, data, or messages transmitted over T-Max Dialer & Communications' broadcasting network by or to USER's own Users. USER's obligations under this Section shall survive the termination of this Agreement for any reason.

12. The USER agrees to strictly comply with any and all federal, state, and local laws, statutes, rules, and regulations including but not limited to, the provisions of the Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq.; the Gramm-Leach-Bliley Act, Pub. L. NO.1 06-102, 113 Stat. 1338 (I999); and the Telephone Consumer Protection Act (TCPA) of 1991. Any fines or penalties incurred by T- Max Dialer & Communications due to USER's failure to comply with such laws shall be paid by USER.

This agreement is subject to laws in the state of Kansas. This agreement supersedes all prior agreements, representations and understandings of the parties. T-Max Dialer & Communications agrees that the User without cause and or prior notice may terminate this agreement at any time.

I authorize the above named T-Max Dialer & Communications to charge the credit card indicated in this authorization form according to the terms outlined above. I understand that this authorization will remain in effect until I cancel it in writing, and I agree to notify the business in writing of any changes in my account information or termination of this authorization at least 15 days prior to the next billing date.  If the any payment dates fall on a weekend or holiday, I understand that the payments may be executed on the next business day. This payment authorization is for the company’s bill indicated above. I certify that I am an authorized user of this credit card and that I WILL NOT DISPUTE the payment with my credit card company; provided the transactions correspond to the terms indicated in this authorization form.

Any questions in regards to this from please call the office during normal business hours of Mon - Thur. 8am to 5 pm

Terms & Conditions for Voice Broadcast

1. Payments for Voice Broadcast minutes for the attached invoice are to be paid in advance with this Agreement. The chargeable rate is 2.5 cents per minute (minutes are prepaid and billed in 6 second increments) on the Voice Broadcast dialer. One (1) Administrator seat will be included at no charge. T-Max reserves the right to dissolve this agreement and eliminate associated passwords including Users accounts at will and without notice. Information provided by the USER including but not limited to phone lists and data files will remain the exclusive property of the USER. T-Max will provide to its current USER a thirty (30) day written notice prior to any price increase T-Max agrees not to rent, sell, loan or provide this information to any person or company without written permission by the USER. In no event shall either party be liable for any incidental, special, consequential or punitive damages including loss of use, profits, revenue or goodwill. 
2. T-Max shall indemnify and hold harmless User from and against any and all claims, demands and actions, and any liabilities, damages, or expenses resulting there from, including court costs and reasonable attorney fees, arising out of or relating to T-Max’s breach of its obligations under this Agreement and any negligent or intentional misconduct of T-Max Dialer & Communications or its agents or contractors. T-Max's total liability shall be limited to the amount of payment for product or services received from USER during the calendar month such liability arose. T-Max shall not be liable for any failure of performance due to causes or circumstances beyond T-Max Dialer's control. Nor shall TMax Dialer & Communications be liable for any act or omission of any other person or company furnishing any portion of a product or service. T- Max's obligations under this Section shall survive the termination of this Agreement for any reason.
3. USER shall indemnify, hold harmless and defend T-Max Dialer & Communications from and against any and all losses, liability, penalties, fines, damages and expense, including the fees and expenses of counsel caused by any third party claims arising from (i) the transmission of information, data or messages over T-Max Dialer & Communications' broadcasting network by or on behalf of USER or (ii) USER's information, data, or messages transmitted over T-Max Dialer & Communications' broadcasting network by or to USER's own customers. USER's obligations under this Section shall survive the termination of this Agreement for any reason.
4. The USER agrees to strictly comply with any and all federal, state, and local laws, statutes, rules and regulations including but not limited to, the provisions of the Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq.; the Gramm-Leach-Bliley Act, Pub. L. NO.1 06-102, 113 Stat. 1338 (I999); the Telephone Consumer Protection Act (TCPA) of 1991 and the Consumer Financial Protection Bureau (CFPB) of 2011. Any fines or penalties incurred by T- Max Dialer & Communications due to USER's failure to comply with such laws shall be paid by USER.
5. This agreement is subject to laws in the state of Kansas. This agreement supersedes all prior agreements, representations and understandings of the parties. T-Max Dialer & Communications agrees that the USER without cause and or prior notice may terminate this agreement at any time.
6. T-Max is authorized to speak with any of our personnel that my company has created a sub account under my company account regarding billing, adding seats, training, and general support issues.

I authorize the T-Max Dialer & Communications to charge the credit card indicated in this authorization form according to the terms outlined above. I authorize all sub contacts listed on my account to charge this card and understand that this authorization will remain in effect until I cancel it in writing, and I agree to notify the business in writing of any changes in my account information or termination of this authorization at least 15 days prior to the next billing date.  If the above noted payment dates fall on a weekend or holiday, I understand that the payments may be executed on the next business day. This payment authorization is for the billing type of credit card. I certify that I am an authorized user of this credit card and that I WILL NOT dispute the payment with my credit card company; provided the transactions correspond to the terms indicated in this authorization form.

T-Max is authorized to speak with any of our personnel that my company has created a sub account under my company account regarding billing, adding seats, training, and general support issues.

 I agree to the terms and conditions including governmental rules and regulations contained herein.

 

Terms & Conditions for Predictive Dialer

 

Payments are to be set up with an automatic payment to be run every 30 days thereafter. The chargeable rate in attached invoice includes access fee and minutes on the Predictive dialer.  One (1) Administrator seat will be included with the purchase of 2 or more access accounts at no charge, additional Administrator seats will be charged at contract rate. T-Max reserves the right to dissolve this agreement and eliminate associated passwords including USER accounts at will and without notice. Information provided by the USER including but not limited to phone lists and data files will remain the exclusive property of the USER. T-Max will provide to its current USER a thirty (30) day written notice prior to any price increase T-Max agrees not to rent, sell, loan or provide this information to any person or company without written permission by the USER. In no event shall either party be liable for any incidental, special, consequential or punitive damages including loss of use, profits, revenue or goodwill. If the USER wishes to cancel this contract they may do so by paying half of the remaining balance of the contract. At that time all service will be discontinued. After contract term has run we will continue on a month to month until notified to discontinue the service.

T-Max shall indemnify and hold harmless USER from and against any and all claims, demands, and actions, and any liabilities, damages, or expenses resulting there from, including court costs and reasonable attorney fees, arising out of or relating to T-Max’s breach of its obligations under this Agreement and any negligent or intentional misconduct of T-Max Dialer & Communications or its agents or contractors. T-Max's total liability shall be limited to the amount of payment for product or services received from USER during the calendar month such liability arose. T-Max shall not be liable for any failure of performance due to causes or circumstances beyond T-Max Dialer's control. Nor shall       T-Max Dialer & Communications be liable for any act or omission of any other person or company furnishing any portion of a product or service. T- Max's obligations under this Section shall survive the termination of this Agreement for any reason.

USER shall indemnify, hold harmless and defend T-Max Dialer & Communications from and against any and all losses, liability, penalties, fines, damages and expense, including the fees and expenses of counsel caused by any third party claims arising from (i) the transmission of information, data, or messages over T-Max Dialer & Communications' broadcasting network by or on behalf of USER or (ii) USER's information, data, or messages transmitted over T-Max Dialer & Communications' broadcasting network by or to USER's own customers. USER's obligations under this Section shall survive the termination of this Agreement for any reason.

The USER agrees to strictly comply with any and all federal, state, and local laws, statutes, rules, and regulations including but not limited to, the provisions of the Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq.; the Gramm-Leach-Bliley Act, Pub. L. NO.1 06-102, 113 Stat. 1338 (I999); Consumer Federal Protection Bureau (CFPB) and the Telephone Consumer Protection Act (TCPA) of 1991. Any fines or penalties incurred by T- Max Dialer& Communications due to USER's failure to comply with such laws shall be paid by USER.

This agreement is subject to laws in the state of Kansas. This agreement supersedes all prior agreements, representations and understandings of the parties. T-Max Dialer & Communications agrees that the USER without cause and or prior notice may terminate this agreement at any time. 

I authorize the T-Max Dialer & Communications to charge the credit card indicated in this authorization form according to the terms outlined above. I authorize all sub contacts listed on my account to charge this card and understand that this authorization will remain in effect until I cancel it in writing, and I agree to notify the business in writing of any changes in my account information or termination of this authorization at least 15 days prior to the next billing date.  If the above noted payment dates fall on a weekend or holiday, I understand that the payments may be executed on the next business day. This payment authorization is for the billing type of credit card. I certify that I am an authorized user of this credit card and that I WILL NOT dispute the payment with my credit card company; provided the transactions correspond to the terms indicated in this authorization form.

T-Max is authorized to speak with any of our personnel that my company has created a sub account under my company account regarding billing, adding seats, training, and general support issues.

 I agree to the terms and conditions including governmental rules and regulations contained herein.

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