Legal / Agreement and Acknowledgment of Terms of Service
BEFORE USING THIS WEBSITE OR OUR SERVICES, PLEASE READ THE TERMS OF USE SET FORTH BELOW. BY USING THIS WEBSITE OR OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. THE SERVICES PROVIDED BY NINJA NUMBER, LLC (“NINJA NUMBER”) ARE INTENDED FOR BUSINESS USE ONLY, NOT FOR PERSONAL USE BY NON-BUSINESS CONSUMERS. IF YOU ARE REGISTERING ON BEHALF OF A CORPORATION OR LIMITED LIABILITY COMPANY YOU WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY. USE OF THE TERM “YOU” SHALL INCLUDE BOTH YOU INDIVIDUALLY AND YOUR BUSINESS (OR, WHERE APPLICABLE, YOUR CORPORATION OR LIMITED LIABILITY COMPANY). NINJA NUMBER RESERVES THE RIGHT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO REVISE THE TERMS OF USE AT ANY TIME WITHOUT NOTICE AND, BY USING THIS SITE OR OUR SERVICES SUBSEQUENT TO THE REVISION OF THE TERMS OF USE, YOU AGREE TO BE BOUND BY SUCH CHANGES. IF YOU FIND THE TERMS OF USE TO BE UNACCEPTABLE, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE AND OUR SERVICES.
THE SERVICES PROVIDED BY NINJA NUMBER ARE PROVIDED ON A MONTH-TO-MONTH BASIS AND THE AGREEMENT BETWEEN YOU AND NINJA NUMBER FOR THE USE OF THESE SERVICES WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS UNTIL CANCELED OR OTHERWISE TERMINATED BY YOU OR BY NINJA NUMBER. YOU WILL AUTOMATICALLY BE CHARGED EACH MONTH FOR THE SERVICES YOU HAVE SELECTED UNTIL THE USE OF THOSE SERVICES ARE CANCELED OR OTHERWISE TERMINATED. PAYMENT FOR NINJA NUMBER’S SERVICES ARE AUTOMATICALLY CHARGED EACH MONTH TO THE CREDIT CARD YOU HAVE ON FILE WITH NINJA NUMBER. YOU MAY CANCEL YOUR SERVICES WITH NINJA NUMBER AT ANY TIME BY GIVING 30 DAYS ADVANCED NOTICE TO NINJA NUMBER. ONCE YOUR SERVICES HAVE BEEN TERMINATED, NINJA NUMBER WILL NOT CHARGE YOU FOR FUTURE, ONGOING SERVICES UNLESS AND UNTIL YOU REESTABLISH SERVICES WITH NINJA NUMBER. CANCELLATION OF YOUR SERVICES MAY BE CARRIED OUT THOUGH YOUR ONLINE DASHBOARD AT http://dashboard.ninjanumber.com OR BY CONTACTING NINJA NUMBER BY MAIL, E-MAIL, FAX, OR PHONE USING THE FOLLOWING CONTACT POINTS:
MAILING ADDRESS:
NINJA NUMBER
4908 GOLDEN PKWY, BUFORD, GA 30518
EMAIL: [email protected]
PHONE/FAX: (833) 639-8729
1. USE OF SERVICES / CUSTOMER RESPONSIBILITIES
1.1 You are fully responsible for the contents of your transmissions through our telephony/internet services (the “Services”). This applies to all services offered by Ninja Number, to include voicemail, virtual PBX and any other related service we offer. Ninja Number simply acts as a passive conduit for you to send and receive information of your own choosing. However, Ninja Number reserves the right to take any action with respect to the Services that Ninja Number deems necessary or appropriate in its sole discretion if Ninja Number believes you or your information may create liability for Ninja Number, compromise or disrupt the Services for you or other Customers, or cause Ninja Number to lose (in whole or in part) the services of Ninja Number’s ISPs or other suppliers. The Services make use of the telephone network and Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to both PSTN and Internet regulations, policies and procedures.
1.2 You agree that if you have any problems or questions regarding my service that you will contact Ninja Number for assistance, and you agree not to dispute any charges from Ninja Number unless you have already attempted to rectify the situation directly with Ninja Number through direct written contact with Ninja Number using the contact information supplied in this Agreement. You agree that any credits offered by Ninja Number will not be refunded to my credit card, but will be applied to my account with Ninja Number. You agree to inform Ninja Number of any change (including expiration date) in my credit card information, which may be required in writing. You agree to provide true, current, accurate and complete customer information as prompted by the registration form, and you agree to notify Ninja Number promptly of any changes to this information as required to keep it current, complete and accurate. You guarantee and warrant that you are the legal cardholder for this credit card and that you are legally authorized to enter into this recurring billing agreement. You agree that termination of this recurring credit card authorization must be in writing to Ninja Number, either through use of the online account management dashboard or through written communication with Ninja Number.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of Ninja Number Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
You must obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Services.
2. Disclaimer of Representations or Warranties
2.1 The documents, graphics and images published at this website could include inaccuracies or typographical errors. Additionally, we reserve the right to modify the information contained in this website without notice. We make no commitment, however, to update the information contained in this website.
2.2 TO THE EXTENT PERMITTED BY LAW, INFORMATION ON THIS WEBSITE AND ALL OF THE SERVICES PROVIDED BY NINJA NUMBER IN CONNECTION WITH OR AS DESCRIBED IN THIS WEBSITE ARE PROVIDED ON AN “AS IS” “WHERE IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
2.3 This site may contain links to other websites which are completely independent of this website. We make no representation or warranty as to the accuracy, completeness or authenticity of the information or opinions contained in any such linked website, and any link to another website shall not in any manner be construed as an endorsement by us of that website, or of the products or services described therein.
2.4 Users of this website should not rely upon opinions expressed at this website when making business, financial, personal or other decisions. Additionally, we do not endorse the opinions of third parties expressed on linked websites.
2.5 Ninja Number has no control of the content of the information passing through the Services. Ninja Number does not:
Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Service;
Assume liability for any harassing, offensive or obscene material distributed through the Service by you or others under your account,
Assume any liability for any material distributed through the Service by you or others under your account which is distributed in violation of any third party’s copyright or other intellectual property right.
Assume liability for claims concerning unsolicited fax, email or voice messages sent by you or others under your account, including (but not limited to) Telephone Consumer Protection Act of 1991, CRTC 2001-193, FTC regulations, and the Can-Spam Act.
Ninja Number reserves the right at all times to disclose any information as Ninja Number deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
3. Confidentiality
Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.
4. Limitation of Damages
IN NO EVENT SHALL NINJA NUMBER, ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS (THE “RELEASEES”) BE LIABLE TO ANY PARTY FOR ANY PUNITIVE, DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, ARISING FROM OR ASSOCIATED WITH ANY USE OF THIS WEBSITE, USE OF THE RELEASEES’ SERVICES OR PRODUCTS, OR USE OF ANY OTHER LINKED WEBSITE. THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM.
5. Ownership
All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this website belong to us. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this Web Site belong to their respective owners.
6. License
6.1 Except as expressly provided in clause 6.2, nothing contained in this website shall be construed as conferring any license or right, expressly, by implication, by estoppels or otherwise, under any of our intellectual property rights, or under any third party’s intellectual property rights, and no part of this website may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
6.2 You are hereby granted a nonexclusive, nontransferable, limited license to view, reproduce, print and distribute materials retrieved from this website provided (a) such materials are used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices.
7. Linking to this Website
You may provide links to this website provided (a) you do not remove or obscure the copyright notice, or other notices on this website, (b) you give us notice of such link by sending an e-mail to [email protected], and (c) you discontinue providing a link to this Site if instructed to do so by us.
8. Governing Laws in Case of Dispute
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, USA, as they apply to agreements made and solely performed therein. Disputes arising from these Terms of Use shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Georgia and jurisdiction for such disputes shall rest solely in Georgia, USA.
9. Severability
These Terms of Use incorporate by reference any notices contained on this website and constitute the entire agreement with respect to your access to and use of this website or our services. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
10. Billing and Payments
10.1 I agree to provide my credit card as a recurring payment method and authorize the billing of my credit card account for both the initial invoice and subsequent monthly fees and usage fees (if applicable) Payment of first and last month’s service plus any options and initial setup fee are required with the order. After the first month of service, fees will be automatically deducted from your credit card on a monthly basis. It is the customer’s responsibility to maintain sufficient balance on credit card account to allow settlement of charges. Interruption of service will be experienced in the event that credit card account balance or prepayment balances are not maintained. Setup fees, custom programming fee and activation fees are non-refundable.
10.2 You hereby authorize Ninja Number to charge the indicated credit card on a recurring, monthly basis as payment for services performed on my behalf. In the event of cancellation of service, You authorize Ninja Number to subsequently charge your credit card for payment of all remaining unpaid charges for any services already performed on your behalf by Ninja Number prior to cancellation.
10.6 Unpaid accounts over-due are subject to temporary disconnection and will be charged a $25 re-activation fee.
10.7 Long-distance or toll-free usage is billed at an industry standard six second increment billing and rounded up to the nearest penny on a per-call basis.
10.8 Due to the high costs of delivering excellent services and the remote nature of our clients, our answering services are billed in advance. While we offer limited and brief terms to our customers so that there is no interruption of service in cases where the usage exceeds the estimated and pre-paid amounts, it is agreed that the monthly invoice will be adjusted such that any deficit or unpaid usage will be settled and the pre-paid monthly service fee will be adjusted to compensate for the increased usage going forward.
10.9 You are responsible for paying all charges to your Account for Services, including but not limited to, long distance and directory assistance charges, regulatory (USF) Universal Service Fund fees 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.
10.10 Customer agrees that at any time Ninja Number may require a security deposit to be placed on file for monthly base fees and usage charges. This deposit may be requested at any time during the contracted service dates between the Customer and Ninja Number LLC.
10.11 It is prohibited for any subscriber or user of Ninja Number’s products or services (collectively, the “services”) to solicit, collect, store, provide, or publish any personally identifiable healthcare information or protected health information (collectively referred to as “PHI”) about themselves or others by means of or through the use of Ninja Number’s services or on any storage media hosted or maintained by Ninja Number. It is understood and acknowledged that any such PHI solicited, collected, stored, provided, or published by any Ninja Number subscriber or user of Ninja Number’s services is a material violation of these TERMS and is grounds for immediate termination of a member or user’s privileges and/or permission to make use of Ninja Number’s services. It is further agreed that any person, persons, or entity soliciting, collecting, storing, providing, publishing or otherwise transmitting PHI by means of or through the use of Ninja Number’s services hereby releases Ninja Number from any and all liability associated with the publication of said PHI and agrees to unconditionally and completely identify and hold harmless Ninja Number from any liability arising from the soliciting, collecting, storing, providing, publishing or otherwise transmitting of such PHI by means of Ninja Number’s services.
10.12 Unpaid accounts are subject to temporary disconnection after 15 days of non-payment. Accounts that are temporarily disconnected will remain disconnected until payment in full is received. Upon full payment the account will be activated within 2 business days.
10.13 Unpaid accounts are subject to permanent disconnection after 45 days of non-payment. In this event all terms outlined in the termination services are applied. All telephone numbers associated with the account are considered forfeited and will be submitted back into the system for purchase. Any amount due on the account will be subject to collections. Any and all measures to collect outstanding debt will be pursued.
11. Termination of services
11.1 Service may be canceled by either Ninja Number for non-payment or by you at any time. You may provide notice of cancellation of your Ninja Number services by means of your online dashboard, or by contacting Ninja Number via mail, e-mail, or telephone using the following contact points:
MAILING ADDRESS:
NINJA NUMBER, LLC
4908 GOLDEN PKWY, BUFORD, GA 30518
EMAIL: [email protected]
PHONE NUMBER: (833) 639-8729
You must provide sufficient evidence of identification before any Ninja Number representative will cancel your account on your behalf. This is for your protection. Sufficient evidence can be any combination of the following identification mechanisms:
– Billing information.
– Contact information.
– Registration Date.
– Security questions and PIN.
– Call back on billing number on file.
11.2 Ninja Number reserves the right to terminate your services immediately and without advanced notice in the event that it determines, in its sole and reasonable discretion, that you have materially breached the terms of this agreement or that you have made use of the Ninja Number services in a manner that is contrary to any applicable law or regulation of the United States of America or any of its political subdivisions.
11.3 Upon receipt and confirmation of a cancellation requests, all services are terminated immediately and any remaining credits on the account(s) are forfeited. There are no pro-rated refunds for cancellations.
12. Terms specific to use of services
12.1 By accepting these Terms of Service and by making use of Ninja Number’s services, you hereby authorize Ninja Number to act as your answering service and to provide you with answering, messaging, and telecommunication services. You understand that your use of any service provided by Ninja Number constitutes acceptance of these terms and conditions. You authorize Ninja Number to verify the information given on this application and to receive and exchange credit information concerning this account both now and in the future.
12.2 Service although reliable is not guaranteed: liability of interruption/quality of service shall be limited to a maximum of one month’s service fee.
12.3 Where and to the extent permissible by law, Ninja Number reserves the right to audit all calls received and made by your account for continuous improvements to Ninja Number’s services and staff development. You hereby agree to such call auditing and grant Ninja Number permission to audit calls for training and quality control purposes.
12.4 Please note that invoices will be delivered to the email address specified with your order. It is your responsibility to maintain a valid email address on your account. For marketing purposes, either party may disclose the fact that an agreement exists between the parties for use of our services.
13. Limitations of liability
13.1 Our company makes no warranty, express or implied, with respect to the Ninja Number services offered hereunder, and disclaims any express or implied warranty of merchantability or fitness for a particular purpose or use with respect to such services.
13.2 We will use our best efforts to maintain uninterrupted service. We are not responsible for uncompleted or irretrievable messages or beeps as a result of power and/or equipment failure.
13.3 In addition, because damages cannot be calculated in advance, customer agrees that the maximum liability for actual proven damages for any cause whatsoever, including but not limited to, any failure or disruption of services provided hereunder, regardless of the form of action, whether in contract or in tort or otherwise, including negligence, shall be limited to an amount equivalent to the charges payable by customer under this agreement for the services during the period such damages occur.
13.4 In no event shall we be liable in excess of one (1) month’s basic service charges, excluding usage fees, and in no event shall we be liable for any special or consequential damages.
13.5 Customer agrees that these limitations of liability are reasonable under the circumstances existing as of the execution date of this Agreement.
13.6 We have the right to refuse or cancel service to anyone who uses the services provided hereunder for obscenities, illegal activities, harassment or who interferes with or harasses our company, other Ninja Number customers, or our partners.
13.7 While it is our desire to maintain advertised message storage capacities and time values at all times, they may be changed without notice whenever necessary to maintain the overall integrity of the computer systems and to prevent the interruption of services.
13.8 Our company offers its services for “normal and customary” business use. We do not offer services for all types of use. We do not accept customers who receive large call volume, especially in a short time frame, unless a separate written agreement is in place for high volume use. One such example is direct response for radio and television advertising. In the event a subscriber’s line receives large call volume, we may, at our sole discretion, take any and all measures we consider appropriate to maintain the integrity of our systems and the service we provide to other customers. Such measures may include, but not be limited to: limiting the number of calls the subscriber’s service may receive at any one time, changing the greeting on the mailbox and/or disconnecting the service. “Large call volume” will be solely determined by Ninja Number or by the specific provider of Ninja Number Services when contracted to a third party provider.
13.9 Ninja Number offers “unlimited” and a “price guarantee” plans to its customers as a measure to ease customer anxiety about unexpected large bills. This, however, does not exclude these plans from “normal and customary” business use as defined above. We will contact clients who are identified to be exceeding what we deem as “normal and customary” use and offer alternative plans that will benefit both you and Ninja Number. Ninja Number holds every right to terminate an account that is deemed by Ninja Number to be abusing any plan.
14 Ninja Number Plans
All plans are billed in advance for an entire month and will be prorated on a per day basis. As mentioned above, all usage, for plans that apply, is billed in arrears. For example, if you sign up on the 15th of the month, you can expect your first payment at signup to be half the amount of the advertised plan price for the first month only. The following month will be billed on the 1st of the month for the full amount AND, if applicable, any usage minutes for the PREVIOUS month will be applied on the same invoice.
Some plans, excluding any unlimited plans, include usage up to 100 minutes. That is for both incoming and outgoing calls AS WELL AS outgoing SMS messages. Each outgoing SMS message is billed as one minute. Incoming SMS messages are not billed and are allowed at an unlimited rate unless deemed abusive.
14.1 Introductory Rate Plans
Flex
Plan billed at $9.95 per month and includes “unlimited” usage of minutes for first year of service. First year of service is billed at a promotional rate. Subsequent years are $13.95/month. Unlimited is subject to “normal and customary” use.
For example: If you sign up for the Ninja Number Flex plan on July 15th of 2019 at an advertised price of $9.95 per month, you will be charged $9.95 per month for the first 12 months of service until the August 1st 2020 invoice, where you will be billed for $13.95 per month until you cancel. Upon receipt of cancellation, all services are terminated immediately and any unused account(s) credits are forfeited. There are no pro-rated refunds for cancellations.
Multi
Plan billed at $49.95 per month and includes “unlimited” usage of minutes for first year of service. First year of service is billed at a promotional rate. Subsequent years are $69.95/month. Unlimited is subject to “normal and customary” use.
For example purpose only: If you were to sign up for the Ninja Number Flex plan on July 15th of 2019 at an advertised price of $9.95 per month you will be billed each month for $9.95 for 12 months until the August 1st 2020 invoice, where you will be billed for $13.95 per month until you cancel.
All Ninja Number introductory rate plans are continuously billed every month until the account is canceled. There are no fixed term plans available. Upon receipt of cancellation, all services are terminated immediately and any unused account(s) credits are forfeited. There are no pro-rated refunds for cancellations. Please see the cancelation policy on how to cancel your Ninja Number service.
15. Consumable Goods
Live Ninja Interactions
A single live ninja interaction sometimes referred to as a Live Ninja credit are billed at $2.99 for a single interaction. Interactions are also sold in bundles of 5 interactions for $14.99 and bundles of 10 interactions are sold for $28.99. Live Ninja Interactions are not subscriptions and considered a consumable good. Live Ninja Interactions are non-refundable and do not expire. Any unused interactions in your account will be forfeited at time of cancellation.
An “interaction” is defined as a single call to your Ninja Number service number(s) that was directed to one of our Live Agents for live answering services and meets EITHER of the following criteria:
1. Caller leaves a message with the Live Ninja agent.
2. The call results in at least 20 seconds of Live Ninja agent “talk” time.
“Talk” time is defined as a answered call by our Live Ninja agent in which a confirmed response by the calling party is received. You are not billed for calls that are considered solicitation calls, hang-ups, or unresponsive calling parties.