TERMS OF SERVICE
This Customer Service Agreement (the “Agreement”) sets forth all the terms and conditions that govern your use of the services offered by or through Call From Work.
Your online acceptance of this Agreement creates a legal contract between you and [Momentum Technology Group LLC], the owner of Call From Work (“Call From Work”) will have the same legal effect as if you were providing a handwritten signature of acceptance.
TERMS AND CONDITIONS
Call From Work offers you, among other things, the ability to make local toll, domestic long-distance, and international telephone calls by using either a telephone or a computer. In addition, it offers call recording, a straight-to-voicemail feature, and Caller ID selection capability on voice calls. These services are provided on a subscription basis and do not require you to change your current telephone service provider(s) in order to use the services. A complete list of Call From Work features can be found at www.callfromwork.com (the “Website”). Call From Work is not responsible for reimbursement for calls made with another service while Call From Work is temporarily unavailable.
You agree to use the Call From Work services only for purposes that are lawful in the jurisdictions where you are calling from and calling to. You shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In particular, depending on the state or country in which you are located or the person you are calling is located, you may violate a country’s or a state’s law by listening in on or recording a telephone conversation without informing the other parties that you are doing so. You may not use the recording capability of Call From Work unless you have determined that your use is legal. Before recording any call, you are responsible for checking the laws of your state and the laws of any state in which a person you are calling is located in order to determine if you need the other party’s permission to record a call. Even if your state only requires the permission of one party, you may make calls to or receive calls from people located in states that require the permission of both parties to record a call. If you record such a call without the knowledge and permission of the other person, you may be subject to criminal prosecution in the other state. In addition, it is a violation of U.S. law to, and you shall not, use the caller ID selection feature in connection with telemarketing or debt-collection calls. If Call From Work concludes that you are contacting a number to affect the results of a survey or contest conducted by a third party, its network equipment may complete the call after changing the number you have chosen to use, and Call From Work may provide the third party with notice that the calling number displayed differs from the actual source (but not, except pursuant to subpoena or other legal process, the actual calling number or any personal information about you). Call From Work reserves the right to immediately, and without notice, terminate or discontinue your Account and PIN in the event it determines in its sole discretion that you have committed fraud or violated any applicable law or regulation or any term or condition of this Agreement. In order to combat harassing or illegal conduct, including fraud and unauthorized access to voicemail, Call From Work may monitor or record customers’ calls, review customers’ recordings stored on its servers, and provide call detail records or recordings to law enforcement agencies.
Opening an Account
In order to enroll in our free trial or become a paying Call From Work customer, you must sign up through the Call From Work mobile application. In order to complete an application form on the mobile application, you must either provide Call From Work with a unique phone number and personal password or utilize Call From Work’s third-party authentication service known as single sign-on (“SSO”), which will allow you to create an account with Call From Work by using your Apple ID, Google, or LinkedIn account information to verify your identity. The completion of the sign-up process for your account will require that you verify your account by inputting the code sent to the phone number you have provided to Call From Work. Call From Work offers three (3) membership plans (“Subscription Plans”) with different monthly costs in which you can choose to enroll following your free trial. Each plan and any in-application purchases will be billed through your mobile application store. Call From Work is in no way involved in or responsible for any billing problem that you may encounter. All billing matters relating to Call From Work will be handled by your mobile application store, and you must contact them regarding any billing disputes. You are responsible for reading and understanding your mobile application store’s rules regarding billing disputes. You will be automatically billed for your subscription through your Google Play or Apple Store should you not cancel your subscription before the renewal date.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD, AS WELL AS ANY THIRD-PARTY SIGN IN INFORMATION USED IN CONNECTION WITH Call From Work AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR ACCOUNT USING YOUR LOG-IN WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. If you believe that your Account, Username or Password are being used in an unauthorized manner, you agree to contact Call From Work within one (1) calendar day so that appropriate action can be taken to modify your Account. Please be aware that account information will be sent to the email address that you have provided to Call From Work. Therefore, you should use a secure email address. Call From Work is not responsible for the actions of any person that accesses that email account. Please note that you are responsible for any and all charges to your account, and Call From Work cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your Call From Work account or your Google Play or Apple Store payment information.
Access Numbers are phone numbers owned by Call From Work that serve as intermediaries between the Call From Work user placing the call and the destination phone number being called. All calls made with Call From Work must first call one of the Access Numbers, which will then reroute the call to the destination number inputted by the Call From Work user. Individual carrier rates apply to your calls to an Access Number. Before you call any local Access Number, check with your phone network operator to see whether there are charges for calls from your phone to that number. Call From Work will not reimburse you for any charges assessed by your local phone company as a result of calling one of Call From Work’s Access Numbers.
Billing and Payment
Call From Work’s services are provided on a subscription basis. You can learn more about each subscription plan on the Call From Work mobile application. Call from Work reserves the right to change the price of any subscription plan at any time and for any reason. Customers whose attempted payments are declined by Google Play or the Apple Store will have their services interrupted until payment is received. Customers may pay their past due balance through the Call From Work mobile application. Call From Work does not issue refunds for billed services. Call From Work is not responsible for overdrafts, over-limit, or any other situation relating to a customer’s bank or credit card account balance. Call From Work is not liable for any billing dispute that arises in connection with Call From Work’s service, or for the transmission of billing notices, purchase confirmations or receipts through the mobile application. Upon signing up for Call From Work and choosing a subscription option, you will automatically be enrolled for autorenewal of the subscription. Each following month, your mobile application store will automatically remit payment to Call From Work. YOU ARE SOLELY RESPONSIBLE FOR CANCELING YOUR SUBSCRIPTION PRIOR TO THE NEXT AUTORENEWAL PERIOD SHOULD YOU NO LONGER WISH TO USE Call From Work’s SERVICES. Call From Work will not reimburse any user for their failure to timely cancel their Call From Work subscription.
We may, at our sole discretion, introduce new features to the service, or modify or delete existing features. We will notify you of any of these changes to features by public notice on the Website and by email if we are legally required to do so. Updated versions of the Call From Work app may not be fully backwards-compatible with previous versions of the app, and you acknowledge that in order to continue using Call From Work, you may need to update to the latest version as it is released. By using any new or modified features when they become available, you agree to be bound by the terms of this Agreement or any service-specific rules concerning those features.
You are responsible for maintaining a current email address on file and for reading emails from Call From Work so that we can notify you of changes or updates to our service and any customer account information.
When you give Call From Work permission to do so, we access your mobile phone’s address book to allow ease of selection for the number you wish to call. We do not collect or store this information in our database.
Ownership of Account
Call From Work recognizes the person whose name is listed on the account as the sole owner of the account.
Termination of Account
Your account may be terminated by you at any time or by Call From Work if there has been no usage on the account for at least six (6) months or if we have reason to believe the account is being used in violation of this Agreement. You will not be entitled to any refund of the unused time left on your subscription if you discontinue service or if we terminate the account due to inactivity or the reasonable belief that you are in violation of these terms. Additionally, you will remain responsible for payment of all charges for services rendered up through the date service is discontinued. If fraud is suspected, Call From Work has the right to suspend your account immediately at its sole discretion until further investigation takes place.
Limitation of Liability
Call From Work SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM. Call From Work SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF Call From Work HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Call From Work IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF OR YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICE THROUGH TOLL OR LOCAL ACCESS NUMBERS. Call From Work IS NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. Call From Work SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE MOBILE APPLICATION OR BY ANY OTHER MEANS. Call From Work ALSO SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE Call From Work SERVICES IN ANY COUNTRY.
Call From Work DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT. Call From Work ALSO SPECIFICALLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE LEGALITY OF THE USE OF ANY OF THE Call From Work SERVICES IN ANY PARTICULAR STATE OR IN ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA.
Call From Work shall not be liable for its failure to perform any of its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, pandemic, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of Call From Work.
You agree to indemnify, defend and hold Call From Work, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third-party information providers to the mobile application harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorney’s fees, which are the result of or are in any way related to your use of Call From Work’s services, or your transactions or communications with third-party vendors initiated via the mobile application.
All disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this agreement shall be submitted for final and binding resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Monmouth County, NJ. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. Each party hereto hereby irrevocably waives any right to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to this Agreement.
Consent to Communications
By entering into this agreement, you consent to the receipt of electronic mail (“e-mail”), text messages and customer service phone communication from Call From Work. In addition to sending you e-mail notifications as provided for above, Call From Work may also send you communications about services and products we believe may be of interest to you. You may opt out of future e-mails and text messages about products or services by contacting us by e-mail at support@CallFromWork. Call From Work reserves the right, however, to continue to contact you regarding important information relating to your account or this agreement.
This agreement may be modified or amended by Call From Work at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website under “Terms and Conditions.” Furthermore, you will be asked to verify acceptance of these terms when you sign up and recharge your account. YOUR CONTINUED USE OF YOUR ACCOUNT AFTER RECEIVING THE NOTICE WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE OF ANY SUCH MODIFICATIONS.
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Call From Work (collectively “Marks”), including but not limited to “Call From Work” and “CallFromWork” are and shall remain the exclusive property of Call From Work and nothing in this agreement shall grant you the license to use such Marks without the express written permission of Call From Work. Call From Work retains ownership and all rights to the Call From Work name, logo, software, databases, reports, website, and information. Call From Work reserves the right to restrict the use of its name, system, logo, software, lists, databases, reports, and any information created or obtained by Call From Work. However, each individual user has the right to use the Call From Work name on their site to further promote the Call From Work service to the Internet community at large if they so wish.
If any provision of this agreement is held to be invalid, illegal or unenforceable, the remaining provisions will of this agreement will continue in full force and effect.
This Agreement, together with any written amendments or modifications, constitutes the entire agreement between you and Call From Work with respect to the services provided hereunder. It supersedes and replaces all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and Call From Work.
This agreement, and all modifications/amendments thereto, shall be governed by the law of the State of New Jersey, U.S.A., without giving effect to its conflicts of laws principles.
The materials contained on this website are provided for general information and entertainment purposes only and do not constitute any form of advice. Call From Work assumes no responsibility for the accuracy of any particular statement and accepts no liability for any loss or damage which may arise from reliance on the information contained on this site. Links to other websites may, at times, be provided for your enjoyment, but Call From Work accepts no responsibility or liability for access to or the material on any website which is linked from or to this website. By providing links to other sites, Call From Work does not guarantee, approve or endorse the information or products available at those sites, nor does a link indicate any association with or endorsement of the linked site by Call From Work.
All communications and notices to be made or given pursuant to this Agreement shall be in the English language.