Payment Terms and Conditions
Updated February 19th, 2019
These Terms and Conditions operate together with our Platform Terms and Conditions, which you have read and accepted each time you log into the Platform. Should any conflict be found to exist between these Payment Terms and Conditions and the Platform Terms and Conditions, the Platform Terms and Conditions shall prevail and supersede these Payment Terms and Conditions.
In these Payment Terms and Conditions, users of the Site and/or Services, whether they are subscribers, customers, or casual browsers of the Site, are called ‘Users’. Please read these Terms and Conditions before using our website or services. By using or accessing our website and/or services, you agree to be legally bound by these Payment Terms and Conditions and all guidelines and policies incorporated by reference in these Terms.
Our website and services are not intended to be used by minors. You must be at least the age of majority in the jurisdiction wherein you reside and do business in order to use our website.
We reserve the right to change or modify any of these Terms and Conditions at any time.
1. User Data
When you provide us with a User’s data (i.e. personal or billing data), you must: (1) provide accurate, current and complete information; (2) keep your login information and password(s) secure; (3) ensure the accuracy of your data; (4) accept all risks of and responsibility for any unauthorized access to your data and any to other information that you provide to us.
2. Service Fees and Taxes
You are responsible (financially and otherwise) for all activity on your account, including all fees incurred as a result of your activity. Charges and any other fees for the use of this website and/or our services are described on the website, in service agreements or any in any combination thereof. Such charges and fees may change at any time. If you keep using the service after the change, you accept the new charges and fees. Any change to charges and other fees will be applicable to the billing period following the change. You are responsible for all applicable taxes related to the fees (which may differ depending on your geographical location/residence).
3. Trademarks, Ownership, and Copyright
All of the content on the website (including all files) is the property of Peerly and it’s affiliates. Content provided by the User is the property of the User. Any use of any portion of the Content without the prior written permission of its owner is strictly prohibited. All rights to the website and non-User content are expressly reserved. User Content is the user’s responsibility. Peerlyhas no responsibility or liability for User’s Content, or for any losses or damages your User Content may cause. We have the absolute discretion, but no obligation, to remove, or change any User Content, at any time and for any reason.
4. Limited License of the User Content to Peerly
Peerly requires the right to access and use the User Content to the extent necessary to operate the website and the services. By uploading/entering User Content to the website/platform, the User grants Peerly and its subsidiaries and affiliates a non-exclusive, royalty-free, transferable right to use and modify works from such User Content on the website. Peerly is not required to pay or compensate User for such access or use.
Peerly collects personal information when Users place an order or otherwise voluntarily enter such information into our system. Our server automatically records information when Users visit our website, including the URL, IP address, browser type and language, and the date and time of each User request. We will not disclose personal information to third parties. We may use personal information to provide the services and products you’ve requested, including services that display customized content and or email advertising. We may also use personal information for auditing, research and analysis to operate and improve our technologies and services. Peerly processes all personal information on its own servers which are located in North America.
The Site, the Content, and the Services are provided to you on an “as is” basis without warranties of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not represent or warrant that Content is complete, accurate, reliable, current or error-free, and expressly disclaim any warranty or representation as to the accuracy or proprietary character of the Site, the Services, the Content or any portion thereof.
7. Limitation of Liability
Users waive and shall not assert any claims or allegations of any nature whatsoever against Peerly, its directors, officers, employees, agents, affiliates, subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees, arising out of or in any way relating to your use of the website, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights and alleged inaccuracy of Content. We shall not be liable for any damages, including but not limited to loss of use, loss of profits or loss of data, arising out of or in any way connected with the use of the website or services.
7.1 Message Privacy
The Customer acknowledges that message content is transmitted unencrypted and that eavesdropping of phone communications by third parties is possible.
The Customer acknowledges that Peerly delivers messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery of the messages within the technical constraints imposed by the above mentioned providers. Messages submitted via our website will be transferred to the addressed recipients provided that the recipient’s receiver is switched on and located in an area covered by their subscribed network provider. The customer acknowledges that, depending on the recipient’s provider service, it may not be possible to transmit the message to the recipient successfully, particularly if the provider does not support chosen delivery method at all.
7.3 Large Volume Transmission
The Customer acknowledges that transmission of large numbers of messages may be subject to restrictions and delays on the part of the network providers affected.
7.4 Disruptions and Damages
If the Customer causes damages or disruption of the website or our delivery system with malicious intent, he/she shall be liable for all direct and indirect consequences and associated costs, including full legal costs.
7.5 Message Content
The User assumes full responsibility for the content of the messages transmitted by it or by a third party on its request. The User agrees to abide by all laws and regulations applicable to the content and intent of the messages transmitted by her. The User assumes liability for all consequences and costs arising out of offenses against such regulations. The User must ensure that its message delivery does not cause disturbance or harassment of a recipient or other third party. The customer agrees to refrain from sending messages containing offensive, violent, pornographic, or discriminatory, or otherwise illegal content. The User is not permitted to send messages to recipients who have made clear that they do not wish to receive these messages or advertisements (i.e. they are on a Do Not Call List or have |opted out”). The sender of such unsolicited messages (the User) bears full legal and financial responsibility for such actions. Peerly shall not be liable for any damages arising out of or in any way connected with the use of the website by such Users.
8. Applicable Law
The User agrees that all disputes, claims or other matters arising from its use of the Site will be governed by the laws of Ontario, Canada. The User also agrees that all Claims will be heard and resolved in a court located in the province of Ontario, Canada.
9. Termination/Modification of License
Peerly reserves the right, without notice and in its sole discretion, without any liability to User, to terminate or limit the User’s license and/or access to use the website or any services provided by us.
10. Inactive Accounts; Termination of Agreement
If your subscription payment has been canceled, rejected, not cleared or not received on time, we may deactivate and/or delete your account without any notice. All your data will be lost. You and Peerly may terminate these Terms and User’s usage of the Site and Services at any time. Purchased message credits and other fees are not refundable or transferable and do not bear interest. In case of account/program cancellation by the User, unused credits will expire immediately.
11. Contact Information
If you have any questions regarding these Terms or the website, please contact us:
12. Peerly’ Refund Policy
Send Your First 100 Message Risk-Free!
Your first purchase allows you to send up to 200 messages risk-free. If you are not 100% satisfied, you get a FULL REFUND, no questions asked. This allows you to test Peerly With ZERO RISK!
No refunds are issued after the day the 10-day trial is over & all subscription plans are rebilled based on the term you agreed to upon check out.
The user acknowledges this subscription plan will automatically renew. I can cancel, pause, or downgrade my plan anytime before my next billing cycle.
When purchasing a monthly plan, The User understands, they are purchasing to secure a wholesale or discounted rate. Your plan allows full access to the system and dedicated reserved capacity at our expense whether the user uses the system regularly or not. For this reason, no refund will be issued beyond the (10th) day of the day of purchase or after you send 200 message (what ever comes first).
The boost feature allows a user to purchase extra system resources “speed” for a 2-hour window. Once the purchase is made the user has access to these system resources for the two-hour window. No refunds will be issued on Boosts as the user immediately has access to the system resources upon purchase and during this 2-hour window, Peerly incurs costs no matter whether the user utilizes the boost fully or not.
December 10th, 2019 and prior only. (non-10-day trial accounts)
ALL Monthly Unlimited Plans require a minimum 3-month commitment
Refunds are within 1 day minus usage and Admin Fee
When purchasing a monthly Unlimited Plan, User understands, that it is making the purchase to secure a wholesale or discounted rate and User is agreeing to a minimum of 3 months of service at the prescribed rate. This will allow access to the system whether Use uses the system regularly or not. For this reason, no refund will be issued beyond one (1) day of the day of purchase of your unused credits. Any minutes/drops/SMS used up until the moment of the refund will be deducted from any refunded amount at a standard rate of 15 cents (One Five) Cents per minute or drop and the remaining surplus of funds will be refunded. Any and ALL refunds are subject 10% administration fee that will be deducted from ALL refunds. This is due to the cost of account setup, capacity allocation, training, and access to support, etc. There are no exceptions to this policy.
To cancel your subscription you must login to your account through the manage subscription button and cancel your active subscription before your renewal date.
Bulk Discount Refunds:
Refunds are within 1 day minus usage and Admin Fee
When purchasing bulk credits, the User understands that it is making the purchase to secure a wholesale or discounted rate. For this reason, no refund will be issued beyond one (1) day of the day of purchase of User’s unused credits. Any minutes/drops used up until the moment of the refund will be deducted from your refund at a standard rate of 15 cents (One Five) Cents per minute or drop and the remaining surplus of funds will be refunded. Any and ALL refunds are subject 10% administration fee that will be deducted from ALL refunds. This is due to the cost of account setup, capacity allocation, training, and access to support, etc. There are no exceptions to this policy.
December 10th, 2019 and prior only. (non-10-day trial accounts) Account Activation/Trial Account Refunds:
No Refunds will be issued on account activations or monthly trial accounts. You understand when activating your account you have purchased a username and password and access to a fully operating account. The services have been rendered in full the moment you received your log in information whether you choose to use your account or not. You can cancel your $99.00 monthly account at anytime prior to the billing window and you will not be billed for the following month. If you cancel after the billing window you will be charged for that month and your account will be canceled the following month.
Expiration of Credits and Prepaid Minutes (non-unlimited & non-subscription page)
All services are pre-paid. Credits purchased as a part of a package and not used within the year purchased, expire at the end of the year unless the plan explicitly provides for the roll-over of credits. Individual anytime, non-monthly plan credits purchased through your account expire after 12 months from the date of purchase, at which point such credits shall expire automatically unless otherwise stated at the time of purchase. Credits are purchased on a first-bought, first-to-expire basis. You may request a full refund of any unused credits within one (1) business day of purchase. Any minutes/drops used up until the moment of the refund will be deducted from your refund at a standard rate of 15 cents (One Five) Cents per minute or drop and the remaining surplus of funds will be refunded. No other refunds will be given for any reason. Any unused value shall be forfeited upon expiration. All prices, per-minute rates, and billing increments are subject to change with 30 days notice issued by email due to fluctuations in market conditions.
After the purchase of credits, Users have one (1) day to request a refund of any unused credits. After the one (1) day period, you waive all rights for a refund of any type, for any reason. For users on a 10-day trial account, the user has 10 days to request a refund of 75%. ALL chargebacks will be disputed and your account will be locked until the issue is resolved. Peerly WILL take legal action to obtain any lost funds due to chargeback fraud including reporting the unpaid debt to the applicable credit bureau.