Terms and Conditions
Cloudsecretary.com LLC is a limited liability company organized under the laws of the State of Florida. Cloudsecretary.com LLC (Cloudsecretary, hereinafter), is the owner of the website accessed via the URL http://www.cloudsecretary.com.
These Terms and Conditions constitute an agreement ("Agreement") between you ("you", "your", "user" or "Customer") and CLOUDSECRETARY.COM LLC. ("Cloudsecretary", "us", "we" or "our") for virtual telecommunication services and any related products or services ("Services"). This Agreement governs both the Services and any assigned toll-free and/or local number account ("Account") used in connection with the Services.
Any of the following actions constitute your agreement, without limitation or qualification, to be bound by, and to comply with, the terms of this Agreement: (i) your initialization or registration of the Services, either on the telephone or through the Cloudsecretary website (Cloudsecretary.com) or through any of the Cloudsecretary subdomains (e.g. portal.Cloudsecretary.com) (the Cloudsecretary website and subdomains are collectively referred to herein as, the "Site"); or (ii) through the use of your Account and PIN (defined below); or (iii) your use of the Site.
All Materials (defined below), Services, Accounts and content, including but not limited to policy information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information, and other material contained on the Site or through the Services ("Content"), are provided by Cloudsecretary unless indicated otherwise. All intellectual property rights in the Materials, Content, Services and Accounts (including copyrights, trademarks, service marks, trade secrets and patents) are the property of Cloudsecretary. Cloudsecretary retains all copyrights in the individual pages, and their components, and collective works available at the Site. The Materials, Content, Services and Accounts are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way without Cloudsecretary's prior written permission.
The term of this Agreement begins on the date we activate Services for your Account. This Agreement will continue from month to month until terminated by either party pursuant to the terms hereof.
3. Order Acceptance Policy.
Your submission of your order on the Site or receipt of an email confirmation signifies acceptance by Cloudsecretary of your order and the provision of your Account. Cloudsecretary may verify orders to prevent fraud. Should Cloudsecretary suspect the placement of a fraudulent order (even after you have received an email confirmation of acceptance of your order and the provision of your Account), Cloudsecretary may contact you by email or telephone regarding such suspected fraudulent order and, in sole discretion, interrupt, restrict or terminate your Account without notice to you by Cloudsecretary.
4. Use of Services and Account.
You represent and warrant that you are at least 18 years of age or the applicable state age of majority and that you possess the legal right and ability to enter into this Agreement. You agree not to use the Materials, Content, Services and your Account for any unlawful or abusive purpose or in any way which interferes with our ability to provide Services to our customers, or damages our property.
Certain pages on the Site or the access to the Services and/or your Account may be accessed only by use of a Personal Identification Number ("PIN"). You are solely responsible for all uses of the Site and/or the Services and/or your Account with your PIN. You should change your (PIN) once each month. If your Services or Accounts are fraudulently used, you agree to immediately notify us of such unauthorized use. We have the right to interrupt, restrict or terminate Services to your Account, without notice to you, if we suspect fraudulent or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe.
5. Charges and timetables of services
You are responsible for paying all charges to your Account for Services, including but not limited to, long distance and directory assistance charges, regulatory and government fees, and for all taxes and surcharges, including regulatory recovery fees, imposed on you or us as a result of your use of the Services.
Calls are answered with your company name within the business hours that you require and with your own phone number. Your company will have a professional virtual receptionist at its disposal from 08:00 to 20:00, Monday to Friday and Saturday and Sunday 8am - 8pm EDT, who will alert you the moment you receive any call from your customers via the web or email.
Cloudsecretary Service Plans:
BASIC PACKAGE :
Cloudsecretary service for only$ 9.00/month!
- Have your own company number
- Have a receptionist attend to your calls
- $1.20 per call answered
- Deposit: $ 100.00
WAIVED after signing up for a service of 12 months
$39/month (minimum of 40 calls per month)
- Charge per call after 40 calls received: .79 ¢ per call
- Receptionist services
- Exclusive company number
CORPORATE PACKAGE PACKAGE:
$ 77/month (minimum of 80 calls per month)
- Charge after 80 calls received: .59 ¢ per call
- Receptionist services
- Exclusive company number
Extra Services and Charges:
- Outbound calls if requested $2 per task.
- Manage your agenda via Google Docs at .80 ¢ per task.
- Transfer specific calls to you or a specific employee on your staff list based on your instructions.
- Transfer to a landline number: .50¢ per call transfer
- Transfer to cellphone number: $1 per call transfer
- Receive messages at real time through:
- Internet via Cloudsecretary User Control Panel: FREE! After signing up, login online to www.cloudsecretary.com to view our application. This is your office tool to update your staff list and customize instructions. You can view your messages here.
- Email: Receive each message through email per call received. You can receive messages instantly on your smartphone.
COST: .15 ¢ per email message sent
- SMS: Receive a text message for every call received. .30 ¢ per text received
6. Billing and Payment.
There will be a deposit of $100.00 before activation of your account. Customer will be billed for all charges and fees every 1st of the month for services. Billing notifications will be sent though email and charged automatically through customer’s credit card or back account.
You may terminate this Agreement pursuant to the terms hereof
8. Ownership of Local Number.
Cloudsecretary is the owner of any local telephone number assigned to you by Cloudsecretary or transferred by you to Cloudsecretary ("Local Number"). Prior or after termination of your Account for any reason, you can not request to transfer your Local Number to you or to another carrier.
9. Modification to Prices or Billing Terms.
Cloudsecretary reserves the right, at any time, to change its prices and billing methods for Materials, Content, Services and Accounts, effective immediately upon posting on the Site or by e-mail delivery to you.
10. Modification; Assignment.
We may change or modify this Agreement from time to time, but any such change (a) will be made in good faith, and (b) if significant (as determined in the sole discretion of Cloudsecretary), will only be made after first providing you with notice of the change. You can review the most current version of this Agreement at any time at our Site (Cloudsecretary.com). If you do not agree to a significant change, you may terminate this Agreement by giving us written notice within 15 days of receipt of our notice of such significant change. No hand-marked changes on this Agreement or any amendment by you will be valid unless we accept the changes in writing. Delivery by facsimile transmission (fax) of a copy of a modification of this Agreement shall be effective as delivery of an original.
We may assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all the assets of Cloudsecretary to a third party without notice to you; provided any such third party shall be obliged to honor the terms of this Agreement. You may not assign this Agreement without our prior written consent.
12. NO WARRANTIES.
THE MATERIALS, CONTENT, SERVICES AND ACCOUNTS ARE PROVIDED "AS IS." WE MAKE NO WARRANTIES REGARDING THE MATERIALS, CONTENT, SERVICES AND ACCOUNTS WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. If you rely on the representations or warranties of any third persons with respect to the Services (including without limitation by dealers or resellers of the Services) beyond those made by Cloudsecretary, your sole remedy for such reliance is against the third person making such representation or warranty.
13. LIMITATION OF LIABILITY.
IN NO EVENT SHALL CLOUDSECRETARY, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF OR RELATING TO (i) YOUR INABILITY TO USE THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (ii) YOUR MISUSE OF THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (iii) NONPERFORMANCE OR A FAILURE OF THE SERVICES CAUSED BY ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, (iv) EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION; (v) TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, OR (vi) ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL APPLY EVEN IF CLOUDSECRETARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLOUDSECRETARY ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNTS (1) WILL BE UNINTERRUPTED OR ERROR FREE; (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) IS SECURE; OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNT. IN NO EVENT SHALL CLOUDSECRETARY, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICES, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICES.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, CLOUDSECRETARY SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND CLOUDSECRETARY AGREE THAT IN NO EVENT SHALL LIABILITY OF CLOUDSECRETARY TO YOU FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD GIVING RISE TO SUCH LIABILITY.
YOU AND CLOUDSECRETARY AGREE THAT THIS SECTION 17 OF THE AGREEMENT, "LIMITATION OF LIABILITY", IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND CLOUDSECRETARY. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, CLOUDSECRETARY WOULD NOT PROVIDE THE SITE, MATERIALS, CONTENT, SERVICES, OR ACCOUNTS TO YOU.
THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CLOUDSECRETARY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS' FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES, (B) ANY OTHER PERSON'S USE OF ANY ACCOUNT OR PIN YOU MAINTAIN, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY YOU, OR (C) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF CLOUDSECRETARY OR ITS EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
15. Force Majeure.
Either party shall be excused from any delay or failure in performance hereunder, other than the payment of moneys, caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, natural disasters, earthquake, fire, flooding, riots, terrorism, war or government requirements.
Cloudsecretary may also monitor or record calls passing through its networks and systems for troubleshooting and/or service quality control checks required for the rendition of the services provided to its customers.
17. Cooperation With Government Authorities.
If necessary and in accordance with applicable law, Cloudsecretary will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, Materials, Content, Services, Accounts, visitors, customers, Cloudsecretary, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of this Site, Materials, Content, Services and Accounts.
18. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the Spain, excluding that body of law applicable to conflicts of law.
19. Jurisdiction and Venue.
You and Cloudsecretary agree that any suit, action or proceeding arising out of or relating to this Agreement shall be instituted only in Madrid and/or Dubai. You and Cloudsecretary each waive any objection you or Cloudsecretary may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.
20. General Information.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions shall remain in full force and effect.
21. CPNI (Customer Proprietary Network Information) Compliance.
Cloudsecretary collects information that is made available to us solely by virtue of our relationship with Customers, such as details regarding the telecommunications services purchased, including the type, destination, technical configuration, location and amount of use of such services. This information and related billing information is known as Customer Proprietary Network Information (CPNI).
Cloudsecretary safeguards CPNI and complies with Federal Communications Commission (FCC) and other rules requiring Cloudsecretary to protect Customer CPNI. Cloudsecretary will not disclose CPNI except in accordance with applicable laws. For example, Cloudsecretary will not share CPNI with authorized companies if a Customer notifies Cloudsecretary that its CPNI may not be shared. Cloudsecretary will not share CPNI with unrelated third parties. To opt out of CPNI sharing, please contact Cloudsecretary.
Cloudsecretary provides each Customer with an administrative PIN for access to its account. Account Representatives will attempt to verify a Customer's identity by requesting the Customer's PIN before disclosing CPNI. If the Customer cannot provide the PIN or otherwise authenticate identity, Cloudsecretary will not disclose CPNI.
Cloudsecretary is fully committed to ensuring the protection of Customer CPNI. The company advises all employees, even those not likely to come into contact with CPNI as part of their routine job functions, of the necessity for data privacy. All Cloudsecretary employees are trained in the use and disclosure of CPNI and are subject to the company's CPNI policies. Employees that fail to abide by Cloudsecretary's policies may be subject to disciplinary action up to and including dismissal. Except in cases where Cloudsecretary is directed by an appropriate law enforcement agency to refrain from or delay Customer notification of a CPNI breach, Cloudsecretary will notify any Customers affected by a CPNI breach. This notification will include the details of breach and what steps Cloudsecretary has taken to ensure a similar breach will not reoccur. Further, Cloudsecretary will notify the United States Secret Service (USSS) and the Federal Bureau of Investigation (FBI) as required by law. Cloudsecretary will keep records of such breaches as required by law.
Cloudsecretary will adopt further safeguards and comply with additional CPNI requirements, including filing its annual CPNI Certification, as required by law.
Basically: We're going to do our very best to make sure that only the right people get access to your information.
22. Free Trial Period
|Application||Description||Duration||Wholesale price||Recommended Retail Price|
|Cloudsecretary||Includes the telephone number to which calls must be forwarded and up to 40 calls/month. From 8am. To 20hrs||3 days||Free||Free|
*Only once per customer
Cloudsecretary may from time to time offer a free trial period for different terms. All terms and conditions within this agreement apply during the free trial period.
23. Reasonable Use Policy.
Some of Cloudsecretary’s plans are offered on an "unlimited" use and/or “unlimited minutes” basis. All Cloudsecretary plans (including but not limited to unlimited plans) 1) May only be used for normal business use, 2) Are provided only for live dialog between two individuals, 3) Exclude international calling, which is available for an additional fee. Cloudsecretary plans may not be used for any of the following prohibited uses:
- Trunking or forwarding your Cloudsecretary number to another phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.
- Spamming or blasting (e.g., sending 100 or more bulk and/or junk voicemail or faxes simultaneously).
- Bulk call-in lines (e.g., customer support or sales call centers, "hotlines", 900 numbers, sports-line numbers, etc.).
- Auto-dialing or "predictive" dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls).
Cloudsecretary reserves the right without prior notice to disconnect or suspend your Service if Cloudsecretary determines that your use of the Service violates this Reasonable Use Policy. Cloudsecretary reserves the right to add to, modify or amend the Reasonable Use Policy at any time for any reason in its sole discretion.
This Agreement constitutes the entire agreement between Cloudsecretary and you with respect to your use of Cloudsecretary Site, Materials, Content, Services and your Account, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Cloudsecretary and you with respect thereto.
The failure of Cloudsecretary to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.