CALLPASS
MASTER SERVICE AGREEMENT
Copyright © 2023 CallPass, LLC | All Rights Reserved | All Specifications are subject to change for product improvement.
CallPass - Master Service Agreement | 06-2023
22. ATTORNEY’S FEES AND COSTS
RECOVERABLE BY CALLPASS.
In the event CallPass retains an attorney to collect up a
default hereunder, you agree to pay CallPass any and all
legal fees and costs, including, without limitation for
attorneys, paralegals, legal assistants and law clerks,
incurred as result of same, including, but not limited to,
pre-suit attempts to collect, pre- suit mediation, litigation,
including any appeals, arising from or relating to the
enforcement, scope, meaning, interpretation,
performance or non-performance of or under this
Agreement. This attorney’s fees and costs provision
should be interpreted as broadly as permitted under
Florida law, which includes, without limitation, being
entitled to reasonable attorney’s fees and costs for
litigating fees and costs, as well as for collection on any
Judgment obtained herein. The prevailing party shall be
entitled to recover all costs expended by them,
regardless if same are taxable by the court as costs.
23. RETURNED CHECKS/PAYMENTS.
In the event any check provided to CallPass is returned,
or other payment is denied or returned for any reason,
you will be obligated to reimburse CallPass for same, as
well as pay additional fees and costs, at the highest
amount permitted under Florida law. Further, acceptance
of payments (even if marked “paid in full”) does not
waive our right to collect all amounts that you owe us.
We may restrict your payment methods to cashier’s
check, money order, or any other reasonable method at
any time at our sole discretion.
24. YOUR PRIVACY.
You agree to the terms of our Privacy Policy when you
use our Services which is stated on the website. This
policy may change from time to time. To ensure the
quality of our Services and for other lawful purposes, we
may monitor or record calls between us (for example,
your conversations with our customer service or sales
departments). CallPass shall disclose information and
data pursuant to the requirements of law, regulation, or
court order, provided that the receiving party will
promptly inform the providing party of any such
requirement and cooperate with any attempt to procure
a protective order or similar treatment.
25. INDEMNIFICATION.
Buyer shall fully indemnify CallPass and its
representatives against any damages arising out of the
unauthorized use of Products, including but not limited
to any use in such safety-critical or military applications,
failing to provide appropriate notices regarding location-
sensitive services, or violating this Agreement, any
applicable law or regulation or the rights of any third
party.
26. LIMITATION OF LIABILITY.
CallPass are not responsible nor liable in anyway if:
A. IF CHANGES IN THE WIRELESS SERVICE OR IN
THE WIRELESS NETWORK, SYSTEMS,
OPERATIONS, EQUIPMENT, POLICIES OR
PROCEDURES RENDER OBSOLETE OR
OUTDATED ANY EQUIPMENT, HARDWARE
DEVICES OR SOFTWARE;
B. FOR ANY CAUSES OF ACTION, LOSSES OR
DAMAGES OF ANY KIND WHATSOEVER
ARISING OUT OF (I) MISTAKES, OMISSIONS,
INTERRUPTIONS, ERRORS, OR DEFECTS IN
FURNISHING ANY SERVICE, (II) FAILURES OR
DEFECTS IN ANY NETWORK OR THIRD PARTY
SYSTEMS, (III) USE OF THE APPLICATION
SERVICES, APPLICATION SOFTWARE,
CONTENT, DOCUMENTATION OR HARDWARE
DEVICES, OR (IV) DISABLING OF HARDWARE
DEVICES.
C. FOR ANY INJURY TO PERSONS OR PROPERTY,
LOSSES (INCLUDING ANY LOSS OF BUSINESS),
DAMAGES, CLAIMS OR DEMANDS OF ANY KIND
OR NATURE, INCLUDING, BUT NOT LIMITED TO,
USE OR INABILITY TO USE THE SERVICE OR
HARDWARE DEVICES, RELIANCE BY CUSTOMER
ON ANY DATA PROVIDED OR OBTAINED
THROUGH USE OF THE SERVICES OR
HARDWARE DEVICES, ANY INTERRUPTION,
DEFECT, ERROR, VIRUS, OR DELAY IN
OPERATION OR TRANSMISSION, ANY FAILURE
TO TRANSMIT OR ANY LOSS OF DATA ARISING
OUT OF OR IN CONNECTION WITH THIS
AGREEMENT. IN NO EVENT SHALL CALLPASS
OR ITS VENDORS BE LIABLE FOR LOSSES,
DAMAGES, CLAIMS OR EXPENSES OF ANY KIND
ARISING OUT OF THE USE OR ATTEMPTED USE
OF, OR THE INABILITY TO ACCESS, LIFE
SUPPORT OR MONITORING SYSTEMS OR
HARDWARE DEVICES, 911 OR E911, OR OTHER
EMERGENCY NUMBERS OR SERVICES. NEITHER
PARTY MAY BRING AN ACTION FOR ANY