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
IMPORTANT NOTES
This Agreement is entered into between CallPass, LLC
and you (“Subscriber”) whereby CallPass, LLC agrees to
provide, and you, Subscriber, agree(s) to accept
CallPass, LLC services as more fully outlined below.
1. DEFINITIONS.
The Following Definitions Apply:
A. The term “we,” “us,” “our,” “supplier,” “Call
Pass,” and shall mean CallPass, LLC including, its
affiliates, subsidiaries, employees, successors, agents,
and assigns;
B. The term “you,” “your,” “Subscriber,” “customer,”
“account holder,” and “user” mean a person and/or entity
who has purchased devices from CallPass and are
thereby bound by the terms hereof.
C. The term “Device” means any device, accessory or
other product we sell, lease or finance to you or that is
active on your account with us for any reason;
D. The term “Service” means our offers, rate plans,
options, or Devices on your account with us.
2. CAPACITY.
You hereby confirm by your signature below that you
have the legal capacity and, where applicable
authorization to enter into the Agreement. You enter into
this Agreement when you do any of the following:
You sign this Agreement, directly or with an
electronic signature of some type;
You accept this Agreement through an oral
or electronic statement;
You accept devices from CallPass;
You pay for any portion of the services;
You open any package or start any program
that confirms you are accepting the
Agreement when doing so; or,
You otherwise take an affirmative step to
confirm your acceptance herewith.
3. TERM OF SERVICE.
Many of the Services that CallPass offers require you to
maintain certain Services with us for a minimum term
usually ranging from 1 through 4 years (“Term
Commitment”). The term will be reflected on your initial
Invoice provided by us, which is incorporated herein by
reference thereto. You are responsible for payment for
the entire duration of the term, regardless of whether
you stop use for any reason of the product or services.
In other words, if you terminate on the 6th month of a 1
year agreement, you will still remain responsible and
obligated to pay the remaining portion of the term.
4. MONTH TO MONTH FOLLOWING TERM UNLESS
YOU AGREE TO NEW TERM COMMITMENT OR
EXTEND SAME.
After your duration of your Term Commitment expires,
your Services will be continued and you will be obligated
for payment of same, on a month-to-month basis.
However, in the event you agree, in writing (which may
be by email), to a new Term Commitment or to extend
your current Term Commitment, this provision shall not
apply.
5. CANCELLATION OF SERVICES.
You may cancel your services by providing fifteen (15)
business days written notice prior to the end of your
Term Commitment by sending same, via Email to
Support@Callpass.com (“Cancellation Notice”). Such
Cancellation Notice shall be effective when approval of
same is received by CallPass. If same is not timely
received, your account will renew on a month-to-month
basis and you will be required to pay for the next month
of service. If your Term Commitment has expired and
you are on a month-to-month basis, then you shall send
your written Notice of Cancellation, in conformity
herewith, at least five (5) business days prior to your
next billing on your account. In the event Notice is
provided but not provided timely, you will be responsible
for next months billing and your services will be
cancelled prior to the next billing cycle which is more
than five (5) business days therefrom.
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
6. INCREASED TAXES, SURCHARGES,
GOVERNMENT FEES, ETC.
You hereby agree to pay and be obligated for any
increase in taxes, surcharges, Government fees, etc.
which may be increased throughout the duration of our
Agreement. In the event there are additional costs that
are incurred by CallPass for use of the Products or
Services, then you expressly agree to pay any increase in
cost for same.You hereby agree to pay and be obligated
for any increase in taxes, surcharges, Government fees,
etc. which maybe increased throughout the duration of
our Agreement. In the event there are additional costs
that are incurred by CallPass for use of the Products or
Services, then you expressly agree to pay any increase in
cost for same.
7. CALLPASS’S RIGHT TO SUSPEND OR
TERMINATE SERVICES.
CallPass, in its sole discretion, without notice, may suspend
or terminate any Service for any one or more of the
following reasons:
A. Late Payment;
B. Filing of Bankruptcy.
C. Becoming Insolvent;
D. Providing False, Inaccurate, Dated or Unverifiable
Identification or Credit Information;
E. Harassing and/or Threatening CallPass’s
employees or agents;
F. Providing False Information to CallPass at any
time;
G. Interfering in CallPass’s operations;
H. Violating City, State, or Federal Law;
I. Suspicion of using Services restricted by or
inconsistent with this Agreement;
J. Breaching any term contained herein;
K. Breaching Paragraph 9 of this Agreement;
L. Modifying a Device from its manufacturer
specifications; or
M. To protect CallPass’s interests, our customer’s
interests or our network.
8. SUSPENSION/TERMINATION.
If at any time your Services are Suspended and/or
Terminated as outlined in Paragraph 7, above, you will still
be obligated to pay any and all costs associated with your
agreement to pay same for your Term Commitment.
9. SERVICE RESTRICTIONS.
You may not use our Services:
A. To transmit content/messages that are, or in any
manner that is, illegal, unlawful, fraudulent,
threatening, abusive, defamatory, or obscene or
otherwise offensive in anyway;
B. To track a person without his or her knowing
consent;
C. Use for safety critical or military application (ex:
life support);
D. To track any asset, vehicle, or object without the
asset, vehicle, or object owner’s knowing consent;
E. in a way that could cause damage or adversely
affect our customers, reputation, network, property
or Services;
F. To communicate any unsolicited message;
G. To infringe on the copyright of another, or upload
or transmit any virus, worm, or malicious code;
H. Unauthorized Transfer or Re-Sale of Devices
1
;
I. Inappropriately Install Devices;
J. in any way prohibited by local, city, state or federal
law; or
K. in any way prohibited by this Agreement.
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
10. RETURNED MATERIALS AUTHORIZATION.
From the date of purchase for a duration of 1 year, CallPass
may, in its sole discretion, assist in the repair and/or
replacement of any Device you purchase from CallPass
which you contend is not working appropriately (“RMA”). In
the event a Device is not working properly, then you may
contact CallPass to initiate their RMA process. Once
CallPass is contacted, CallPass will open a RMA number
and provide same to you. You will then ship the Device, at
your cost, together with the RMA package and mail same to
12910 Automobile Boulevard, Suite D, Clearwater, Florida
33762. Please do not mail any Devices unless and until you
receive a RMA number from CallPass. Upon receipt, We will
attempt to diagnose and fix the issue. If CallPass is able to
fix the issue, they will fix same and return the Device to you
at the address listed on your most recent correspondence
with CallPass. You will be responsible for the cost for
mailing same. If CallPass is unable to fix the issue, they will
replace the Device, so long as it is not determined that the
Device is one that is not permitted to be fixed and/or
replaced as a direct result of tampering by you, as outlined
in 11, below.
11. DEVICES NOT ACCEPTED THROUGH RMA.
CallPass will not accept any Devices through their RMA
process, for any defects that are caused by normal wear
and tear, neglect or mistreatment of the Device,
including improper operation, testing, installation,
storage, misuse or abuse, accident or neglect, such as
physical damage (cracks, scratches, etc.) to the surface
of the Device resulting from misuse, or for any Products
that have been altered, misused, abused, damaged,
repaired, or modified in any way by a person other than
CallPass, defects, damages or the failure of Devices due
to any communication service or signal you may
subscribe to or use with the Devices, and Devices where
the Devices may have become damaged in transit to
CallPass for the RMA process and Devices that may
have been damaged by improper packaging. Further,
CallPass shall not be liable for any defects nor shall it
accept any such Devices through its RMA process that
result from Buyer’s design, specifications or instructions
for such Products, or combination of such Products with
accessories or combination of such Products with
accessories or devices not expressly confirmed by
CallPass as being compatible. Last, CallPass is not
responsible for loss or damage as a result of an acts of
God.
12. NOT PERMITTED TO RE-SELL DEVICES.
You are not permitted to Re-Sell or transfer any Devices
purchased from CallPass. Any such unauthorized
transfer shall be deemed a material breach of this
Agreement. As such, the RMA process can only be
utilized and will only be permitted to be utilized by the
initial purchaser of the Devices.
13. BUYER REPRESENTATIONS.
Buyer represents that it has all necessary expertise in
the safety and regulatory ramifications of its
applications, and Buyer acknowledges and agrees that it
is solely responsible for compliance with all legal,
regulatory and safety-related requirements of applicable
federal, state, local or foreign governments and any
agency or public authority thereof, concerning its
products and any use of Products in Buyer’s
applications. Buyer understands that certain GPS and/or
starter disablement technology may not now, or in the
future, be permitted by law in certain states. Buyer bears
exclusive responsibility for verifying that the Products
may be used in any particular installation or location.
CallPass shall not be liable for any claims or damages
that may arise because the GPS and/or starter
disablement technologies are not permitted in a
particular jurisdiction and Buyer indemnifies CallPass
against such claims and damages.
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
14. DISCLAIMER OF WARRANTY.
CALLPASS MAKES NO WARRANTIES, EXPRESS,
IMPLIED OR STATUTORY. CallPass SPECIFICALLY
DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT,
EXCEPT WHERE PROHIBITED BY LAW
AND, WHERE PROHIBITED, ANY SUCH WARRANTY
SHALL BE LIMITED TO THE MINIMUM WARRANTY AND
PERIOD REQUIRED BY LAW. In the event CallPass does
warranty anything, such warranty will be fully outlined on
a card enclosed with the Devices. Such card, if provided,
is incorporated herein by reference so that this
Agreement is the full agreement that governs the
relationship of the parties.
15. COVERAGE - WHERE YOUR DEVICE WILL
WORK.
Services that rely on location information, such as GPS,
depend on your Device’s ability to acquire satellite
signals (typically not available indoors) and network
coverage. Network coverage and satellite signals are
dependent on several factors not within our control
including weather, topographical changes, changes to
and support of network cellular technologies, the
functionality of various satellites, cell towers, clouds,
and other factors. You understand and expressly agree
to hold us harmless from any and all claims or damages
that result from the Device not working, malfunctioning,
or failing.
16. INTERNATIONAL USAGE.
Your Device may be set to operate both domestically
and may also operate internationally. However, you will
be charged additional fees if the Device is in another
country other than the United States and is utilized. The
rate on these fees shall be the actual cost of
international roaming charges plus a 40% administration
fee which will be calculated based upon the total cost of
the roaming charges incurred during which the invoice
pertains. These rates will be charged for any month in
which there is any international usage, no matter if the
usage was less than an actual month.
17. LOCATION BASED SERVICES.
Our network generally knows the location of your Device
when it is outdoors and turned on. Environmental factors
(such as structures, buildings, weather, geography,
landscape, and topography) can significantly impact the
ability to access your Device’s location information and
use of location-sensitive services. Use of location-
sensitive services require network coverage.
18. YOUR INVOICE.
Your Invoice will show you the Commitment Term and
the charges that will be charged via automatic deduction
on a monthly basis. You expressly agree to pay the
charges listed for the Term Commitment, which Invoice
is expressly incorporated herein, by your acceptance of
the Devices received in conjunction therewith.
19. TAXES AND GOVERNMENT FEES.
You agree to pay all federal, state and local taxes, fees
and other assessments that we’re required by law to
collect on the Services we provide you and remit to the
government. These charges may change from time to
time without advance notice. If you are claiming any tax
exemption, you must provide us with a valid exemption
certificate. Tax exemptions generally won’t be applied
retroactively.
20. PAYMENT POLICY
You agree to make payments every month in your
Commitment Term and thereafter, beginning the date of
this Agreement and continuing every 30 days, in the
amount set forth in your Invoice, for the duration set for
the therein, plus additional taxes, fees, or surcharges as
may be applicable outlined in this Agreement. You are
required to maintain valid credit card information on file
for the processing of your monthly fees. You hereby
authorize CallPass, our employees, agents, and assigns
to charge your credit card a monthly reoccurring fee for
the pendency of your Commitment Term, in additional to
any monthly obligations following same, until payment is
made in full. If a payment is not successfully received,
due to expiration, insufficient funds, or otherwise, and
you do not provide CallPass updated Payment
Information as well as payment, you will be in default of
the terms of this Agreement.
21. DEFAULT.
Any breach of any of the terms of this Agreement will
cause you to be in Default hereof, including, without
limitation, failure to make timely payment when due, any
misrepresentations or unauthorized use of the Devices
or Services as outlined in this Agreement. Furthermore,
any and all outstanding sums owed shall immediately
become due and payable. Such outstanding amounts to
bear interest at the highest rate as permitted under
applicable law.
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
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
BREACH OF THIS AGREEMENT MORE THAN
ONE YEAR AFTER THE ACTION ACCRUES.
D. CERTAIN OF THE ABOVE LIMITATIONS MAY
NOT APPLY IN SOME JURISDICTIONS. IN SUCH
CASES, THE PARTIES AGREE THAT THESE
LIMITATIONS WILL BE ENFORCED TO THE
FULLEST EXTENT CONSISTENT WITH
APPLICABLE LAW. THE PARTIES UNDERSTAND
AND AGREE THAT CALLPASS PRICING IS
DETERMINED BASED ON THE ALLOCATION OF
RISK RESULTING FROM THE LIMITATIONS ON
DAMAGES, LIABILITIES AND ACTIONS IN THIS
AGREEMENT, AND THE DISCLAIMERS
THROUGHOUT THIS AGREEMENT, AND THAT
THEY ARE MATERIAL TERMS WITHOUT WHICH
CALLPASS WOULD NOT ENTER INTO THIS
27. LIMITATION OF DAMAGES.
A. IN NO EVENT SHALL CALLPASS, ITS
AFFILIATES, EMPLOYEES, OFFICERS OR
CONTRACTORS BE LIABLE TO CUSTOMER, OR
ANY OF ITS RESPECTIVE EMPLOYEES OR
AGENTS, OR ANY THIRD PARTY, FOR ANY
INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES.
B. ADDITIONALLY, IN NO EVENT SHALL
CALLPASS’S AGGREGATE LIABILITY FROM ANY
WARRANTY,\ INDEMNITY, OR OTHER
OBLIGATION ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, OR ANY
USE OF ANY SERVICES OR HARDWARE
DEVICES PROVIDED HEREUNDER, EXCEED THE
LESSER OF THE TOTAL AMOUNT PAID TO
C. FOR THE PARTICULAR SERVICES AND
HARDWARE DEVICES SOLD UNDER THIS
AGREEMENT WITH RESPECT TO WHICH THE
LOSSES OR DAMAGES ARE CLAIMED, AND ONE
HUNDRED THOUSAND DOLLARS. THE
EXISTENCE OF MORE THAN ONE CLAIM
AGAINST THE PARTICULAR SERVICES AND
HARDWARE DEVICES SOLD TO CUSTOMER
UNDER THIS AGREEMENT SHALL NOT
ENLARGE OR EXTEND THIS LIMIT. CUSTOMER
UNDERSTANDS AND AGREES THAT THE
FOREGOING LIABILITY LIMITATIONS ARE
ESSENTIAL ELEMENTS OF THIS AGREEMENT
AND THAT IN THE ABSENCE OF SUCH
LIMITATIONS THE MATERIAL AND ECONOMIC
TERMS OF THIS AGREEMENT WOULD BE
SUBSTANTIALLY DIFFERENT.
28. DISPUTE RESOLUTION.
Customer agrees that prior to the filing any lawsuit
related to any issues regarding this Agreement or
regarding the relationship between CallPass and
Customer generally, the Customer agrees to provide
Notice to CallPass, via Certified Mail, Return Receipt
Requested to Leslie Barnett, Esquire, Registered Agent,
CallPass, LLC and via Email to Jasona@callpass.com, of
the issue for which Customer seeks resolution, including
enough information and facts to understand the full
issue. Within thirty (30) days from receipt thereof,
CallPass shall provide a response and proposed
resolution for same, if any. If the parties are not able to
reach a resolution of the matter amongst themselves,
then they agree to go to pre-suit Mediation, the cost of
which shall be paid by the Customer. CallPass shall
choose the mediator to be utilized. If, after attending
mediation, in person, the parties are not able to come to
a resolution, then the Customer is then permitted to file
suit for any alleged action that customer believes it may
have.
29. VENUE/JURISDICTION.
This Agreement will be construed according to the laws
of the State of Florida, without regard to its conflict of
law provisions. Any dispute relating to this Agreement
will be brought in a court in Pinellas County, Florida.
Each party consents to the jurisdiction of such courts in
any such action and waives any objection to venue
therein as well as jurisdiction.
30. WAIVER OF JURY TRIAL.
Each party hereby KNOWINGLY, VOLUNTARILY, AND
INTENTIONALLY WAIVES ANY RIGHT THEY MAY HAVE
TO A JURY TRIAL WITH ANY ACTION RELATED TO THIS
AGREEMENT OR THE RELATIONSHIP OF THE PARTIES
IN ANY WAY WHICH MAY END UP IN LITIGATION AFTER
THE REMEDIES HEREIN ARE EXHAUSTED.
31. WAIVER OF CLASS ACTION.
THE EXTENT PERMITTED BY LAW, CUSTOMER WAIVES
ANY RIGHT CUSTOMER MAY HAVE TO PURSUE
DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER
JOIN A CLAIM WITH THE CLAIM OF ANY OTHER
PERSON OR ENTITY OR ASSERT A CLAIM IN A
REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE
ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER
PROCEEDING AGAINST CallPass FOR ANY REASON.
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
32. INVALIDITY.
If any part of this Agreement is determined to be invalid
for any reason, such decision will not affect the validity
of any remaining portion. The remaining portion will
remain in force and effect as if this Agreement had been
executed with the invalid provision eliminated.
33. ENTIRE AGREEMENT.
This Agreement and the Invoice constitutes the entire
agreement between the parties with respect to the
subject matter hereof, and these documents supersede
all other communications, whether written, electronic, or
oral.
34. MODIFICATION/ALTERATION.
This Agreement may be modified or amended only by a
writing signed by the party against whom enforcement is
sought. Neither this Agreement, nor any rights or
obligations under this Agreement, may be transferred or
assigned by Customer without CallPass’s prior written
consent, and any attempt to do so will be void.
35. WAIVER.
Any waiver by CallPass of any terms of this Agreement
must be in writing and it is expressly agreed that this
Agreement cannot be modified orally, by course of
dealing or by implied agreement. Waiver of any provision
of this Agreement and/or any SOW in one instance will
not preclude enforcement thereof on future occasions.
36. CAPTIONS OR HEADINGS.
Captions or Headings have been included in this
Agreement merely for convenience or reference, and are
not to be considered part of, or to be used in interpreting,
this Agreement.
37. COUNTERPARTS.
This Agreement may be executed in counterparts, both
of which taken together will constitute one single
Agreement between the parties. A fax, photocopy,
scanned and/or emailed copy of this Agreement will be
treated as an “original” document admissible into
evidence.
38. NOTICES.
All Notices required to be provided herein shall be sent
via Certified Mail Return Receipt Requested and via
electronic mail (commonly referred to as e-mail). Such
Notices will be effective upon receipt.
INTENDING TO BE LEGALLY BOUND, THE
CUSTOMER HAS CAUSED THIS AGREEMENT TO
BE EXECUTED, INDIVIDUALLY OR BY THEIR DULY
AUTHORIZED REPRESENTATIVES.
CALLPASS, LLC
Printed Name: Jason Ashton
Title: President/CEO
Address: 4592 Ulmerton Road., Suite 201
City, State, Zip: Clearwater, FL 33762
Signature: ________________________________
Date: ________________________________
CUSTOMER
Company Name: ________________________________
Printed Name: ________________________________
Title: ________________________________
Address: ________________________________
City, State, Zip: ________________________________
Signature: ________________________________
Date: ________________________________