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SUBSCRIPTION SERVICES AGREEMENT

This Subscription Services Agreement (“Agreement”) governs the Customer’s use (as described below). This Agreement is between the Customer (“Customer”), My Country Mobile (MCM), Inc., and/or its affiliates (“My Country Mobile”) and Terms And Condition

THE CUSTOMER ACCEPTS THIS AGREEMENT BY CLICKING ON A BOX INDICATING ACCEPTANCE. CUSTOMER REPRESENTATIVES ARE AUTHORIZED TO AGREE TO THIS AGREEMENT. IF THE CUSTOMER REPRESENTATIVE DOES NOT HAVE SUCH AUTHORITY, OR DOES NOT AGREE TO THESE TERMS, THE CUSTOMER MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.

MCM, its affiliates, and Terms And Condition licensors are the owners of all MCM Subscription Services versions, as well as any related documentation and software (collectively, “Service” or “Services”) and have the right to license their use. Subscription Services is a hosted service that bundles web-based access with the right to use the supported applications as well as the associated reference, user, and technical guides. MCM’s direct competitor may prohibit customers from accessing the Service unless MCM has given its prior written consent or Terms And Condition.

MCM and Customer agree to the Agreement when Customer accepts it or when Customer uses the Service. MCM can change the terms of this Agreement at any time.

This Agreement or Terms And Condition replaces any terms and conditions associated with Customer purchase orders for the provision of Service(s).

1. LICENSE

MCM grants Customer a limited worldwide, non-exclusive and non-sublicensable license to . End Users are responsible for adhering to this Agreement and Terms And Condition.

2. TERM

This license shall begin on the date the Customer purchases the Service and expire at the end of the service period. You may cancel the Service at any time. Unless otherwise agreed, the term of the Service is one month. This Agreement will automatically renew each month on a monthly calendar basis. Customers may cancel service at any time before the end of any given term. However, any unbilled charges or fees that remain after such month’s end will become immediately due.

3. SERVICES

MCM offers the Services only for business use. This Agreement and Terms And Condition contains the terms and conditions. MCM can modify the Services within thirty (30) days of receiving written notice or earlier if required by regulatory authorities and Terms And Condition

4. USE WITH CONSTRAINTS

1.

Customer shall not permit the use of any Services, or any portion thereof, to transmit any prohibited or inappropriate content. MCM reserves the right to refuse to transmit, send, or deliver any message, call, or any other communication, that MCM or its vendors, based on industry experience, believes contains inappropriate or prohibited content, or is, or could reasonably become the subject of, any legal, regulatory, or other governmental process or proceeding. This includes, without limitation, any investigation or law enforcement proceeding. The Customer also agrees not to:

a. Modify, copy or create derivative works on the Service
b. Make Internet “links” or reproduce content from the Service.
c. You may decompile, disassemble or reverse engineer the Service or a portion thereof or access it to copy any ideas or features, content, functions, or graphics.
d. Interfere or disrupt the integrity of the Service’s performance.
e. Sending or storing infringing or threatening material via the Service
f. Use the Service to send or store viruses or malicious codes
g. Attempting to gain unauthorized access to the Service, its software, systems, platforms, or networks
h. You may use any components that are included with the Service, if they are applicable, apart from the Service.
i. Access the Service to monitor their performance, availability or functionality or any other benchmarking or competitive purposes.
j. Modify, delete, or remove any ownership notices (“Identification”) from any Service
k. Inject malicious or foreign code into the MCM Service’s source code.
l. To release any feedback related to the Service to any other party without MCM’s written consent
m. Conduct any vulnerability scanning and penetration testing.
n. The Service may not be used for any other purpose than that which is specifically stated in the Agreement or Terms And Condition.
o. Contact emergency services. See 9. Please see 9.

2.

Customer is responsible for all activities that occur under Customer’s account, including any passwords used by Customer. Customers will use commercially reasonable efforts (i) to prevent unauthorized access to or use of the Service and promptly notify MCM of any such unauthorized access/use and (ii). Ensure that all laws are followed when using the Service.

3.

Customer is responsible to comply with all applicable laws or Terms And Condition, including privacy laws and regulations, regarding the collection, use and processing of Customer Data.

4.

MCM will create user accounts for employees and contractors that have a business need to access Customer account(s), Customer Data, and/or Customer Accounts.

5. CHARGES AND PAYMENT TIME TERMS

1.

Charges and fees. The Customer agrees that MCM will charge and pay MCM all fees and charges for each month of service during the term of the Agreement. A discount may be available to customers who purchase an annual plan. All annual plans require payment in advance to cover the entire term.

Your sales representative can confirm the billing of the forwarding leg for Flex virtual numbers and Jetpack virtual numbers based on the Terms And Condition country and applicable Terms And Condition or rate schedules.

2.

Payment terms. MCM will invoice the Customer on a prepayment basis for services starting at the beginning of service (unless the Customer has an annual plan). See 5.1. Each invoice must be paid in full within seven business days. All payments must be made in US dollars as indicated on the invoice. All orders from customers require prepayment. Online purchases require payment via credit card.

Customers receive invoices by email only. Our portal also allows you to access your invoices.Your sales representative can confirm the billing of the forwarding leg for Flex virtual numbers and Jetpack virtual numbers based on the country and applicable Terms And Condition, rate schedules.

3.

Billing Increments. If the applicable Terms And Condition MCM rate schedule is not altered by MCM, each call processed through the service shall be charged in 60-second increments.

4.

Cancellation Policy. If the Customer cancels before the end of the contract term, the Customer will still be responsible for the monthly service fees or Terms And Condition.

5.

Final Charges. Final Charges. The customer  agrees Terms And Condition to pay all monthly recurring fees for the last month. The Customer will receive a prorated credit equaling the amount of the current month’s recurring fees upon termination of service. Customers will be charged the final monthly recurring charge for cancelled services.

6.

Final Charges. Final Charges. The customer agrees to pay all monthly recurring fees for the last month. The Customer will receive a prorated credit equaling the amount of the current month’s recurring fees upon termination of service. Customers will be charged the final monthly recurring charge for cancelled services.

7.

Fees.

a. Late Fees. MCM reserves the right to charge late payment fees. These will accrue interest at the rate of 1.5% of unpaid service charges per month or the maximum legal rate under applicable law. MCM may also charge an administrative processing fee to cover late payments. Based on the amount of the delinquent invoice, the fee will be charged. b. Returned payment fees and credit card chargebacks MCM will charge $50.00 to the Customer for any credit card chargebacks, returned checks or any bank-returned payment.

b. No Admin Services Fee will be assessed to any MCM customer to pay for account management, invoice preparation and general payment processing costs or Terms And Condition.

8.

Rate Adjustment Schedule. MCM reserves the right to change or delete Service offerings to certain locations without prior notice to the Customer. MCM can change or remove Service offerings in Mexico within 24 hours.
Final Charges. The customer agrees to pay all monthly recurring fees for the last month. The Customer will receive a prorated credit equaling the amount of the current month’s recurring fees upon termination of service. Customers will be charged the final monthly recurring charge for cancelled services.

9.

Taxes. We will invoice the customer for any Taxes that MCM is required by law. they may request a valid tax exemption certificate from the customer to exempt them from any taxes they would otherwise have to pay. We will not invoice the Customer for these Taxes in such cases unless required by a taxing authority Terms And Condition.

10.

Compliance Fee. The pricing structure includes an administrative cost recovery fee to recover worldwide tax and regulatory compliance. This is known as the INTFEE. This INTFEE fee of 21.1% is applicable to monthly subscriptions as well as to call traffic.

11.

Disputes regarding billing. MCM must be notified by the customer of billing discrepancies within 30 days from the date of the invoice. We will consider customers to have waived any billing disputes if they receive notice after that time. We will respond within same days to any notice of billing discrepancy.

12.

Governing Law and Dispute Resolution. Any dispute, claim, controversy or claim arising from or relating to this Agreement or the formation, interpretation or breach thereof, or their validity or termination (the “Controversy”) will be given by one Party to the other Party in writing. To resolve the Controversy, the Parties must engage in good faith negotiations.

This Agreement is not subject to the United Nations Convention on Contracts for the International Sale of Goods. This Agreement does not preclude either Party from seeking injunctive relief immediately from any court with jurisdiction over the parties and the subject matter.

13.

Suspension of Service. MCM reserves the right to suspend or terminate all or part of Service. We cannot resume service until the Customer has paid all fees and penalties and provided  with any additional assurance that the Customer can pay for the Service. We can cancel the Agreement with the same effect if the Customer fails to pay the required amount or correct any conditions that led to the suspension of service within a reasonable time as determined Terms And Condition.

14.

30-Day Service Guarantee. All services come with a 30-day service guarantee. If they aren’t satisfied with the solution, customers can cancel services at any point within the first 30 day. MCM will reimburse the monthly recurring fee (“MRC”) per customer if they cancel within 30 days of the service guarantee. Customer who cancels within the first 30 days will be responsible to pay for MCM-owned equipment and/or licenses, number of minutes used, if applicable.

15.

Adding Services. The legally enter into this Agreement. They can do so through the MCM web portal, by calling customer service or their MCM account representative. The Customer authorizes these authorized users (i) to add Services to the Customer’s MCM account; (ii) to commit the Customer to pay for these services on an ongoing monthly basis. MCM is further authorized by Customer to receive payment from Customer every month of the current statement balance. This payment will be made from the Customer’s current payment method or Terms And Condition. You may not be able to purchase additional services. 

16.

Policy on Abuse.  Customer the authority to legally enter into this Agreement. They can do so through the MCM web portal, by calling customer service or their MCM account representative. The Customer authorizes these authorized users (i) to add Services to the Customer’s MCM account; (ii) to commit the Customer to pay for these services on an ongoing monthly basis. MCM is further authorized by Customer to receive payment from Customer every month of the current statement balance. This payment will be made from the Customer’s current payment method. You may not be able to purchase additional services Terms And Condition.

a. Numbers. Customer warrants and represents that Customer has all the power and authority necessary to obtain all licenses and rights necessary to use and enable the Services using the phone numbers without consent from any third parties.

b. Disallowed Content. Customer warrants that it and its End-Users will not order or port any number for SPAM, abusive messaging or any other violation of applicable laws. They will also ensure that they do not send, transmit, or reply to any of the prohibited content. MCM and its network operator providers have the right to block any of the following content. The customer also Terms And Condition and acknowledges and agrees.

  • Payday loans
  • Low-interest loans with short terms
  • Auto Loans
  • Mortgage loans
  • Student Loans
  • Collection of Debt
  • Programs for Work from Home
  • Risk Investment Opportunities
  • Consolidation of Debt
  • Debt Reduction
  • Credit Repair Programs
  • Cannabis and other illegal substances
  • Phishing
  • Fraud and Scam
  • Marketing tricks that deceive

17.

Rollover

6. LEGAL COMPLIANCE; INDEMNIFICATION

1.

Licenses and legal compliance. Compliance with laws and regulations or Terms And Condition. The customer is responsible for all rules and laws regarding the receipt and resale or resale, and for obtaining all licenses, registrations a,nd approvals required to operate as a reseller of  Services. 

2.

Resale of service. Resale of Services. Customers can resell the services to their customers in the manner permitted by law or Terms And Condition, rule or regulation. Customers can resell the Services, including its representatives and sales agents, only under their own trade name and using their own logos and marks. MCM trademarks, service marks and trade names may not be used without MCM’s written permission. This Agreement refers to the “End-User(s),” who are customers of the Service after it is resold by the Customer.

3.

Recording. Some Services allow customers to record audio and other data during sessions. While using the recording functionality, the customer is responsible for complying to all applicable laws in each jurisdiction. This includes obtaining consent and proof of consent. . We  many also use the  use the Services for quality control, troubleshooting, and other legal business purposes.

4.

Fraudulent Calls. The customer is responsible and MCM shall be held harmless from any costs, expenses, claims or actions arising from or resulting in fraudulent calls of any kind, which could comprise a part of the Service.

5.

Indemnification. MCM, its affiliates and officers, employees and subsidiaries of MCM and its suppliers, as well as any third-party provider or operator of facilities used for the provision of this Service, agree to indemnify and hold MCM and its directors, officers and employees forever.

7. OTHER CUSTOMER OBLIGATIONS

1.

End-User Responsibility. The customer is responsible for End-Users. This includes solicitation, service requests, creditworthiness and billing. MCM shall indemnify MCM from any costs, including attorney’s fees, arising from or resulting from these responsibilities.

2.

End-User Collections. If applicable, Customer’s inability or refusal to collect from End-Users or any agreement regarding billing adjustments granted to End-Users for fraudulent charges, directory help, or other forms of credit shall not relieve or absolve Customer of any obligation to pay MCM hereunder.

8. DISCLAIMER AND LIMITATIONS OF LIABILITY and EXCLUSIVE REMEDY

1.

MCM will provide the Services according to the terms and conditions in this Agreement. The SERVICE IS PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND. MCM, ITS AFFILIATES, AND LICENSORS DON’T WARRANT THAT ANY SERVICE WILL SUIT THE CUSTOMER’S NEEDS, THAT ANY SERVICE IS FREE FROM DEFECTS OR ERRORS, OR THAT ANY SERVICE WILL WORK UNINTERRUPTED. MCM disclaims all representations and warranties regarding the SERVICE, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, non-interference, non-infringement, and information content.

2.

Either Party shall not be held liable for any indirect, special incidental, consequential, or exemplary damages or losses arising out of or related to the provision of Services hereunder. This includes damages based on lost revenues, profits, business opportunities, loss of customers, loss of goodwill or loss of profits. 

3.

MCM will defend any third party who asserts that Customer Data or Customer’s use the Service in violation of harms third parties’ patents, trade secrets, copyright rights or other rights (“Claim”), Customer will pay its own expenses to (i) defend the Claim; (ii) indemnify MCM against any damages ultimately awarded to MCM on the basis of the Claim.

9. EMERGENCY SERVICES

The Customer understands and agrees to the fact that the Services contain an ‘over the top’ call-routing solution that is integrated into and dependent upon the Customer’s underlying telephone system. As such, calls to emergency services cannot be made within the Services. The SERVICES do not support E911 or 911. It is the customer’s responsibility to ensure that its agents or End-Users, if applicable and all other users of the Services, are aware that emergency calls cannot be completed through the Service.

10. TERMINATION

1.

Termination in default.

2.

Termination due to failure to pay. MCM can terminate this agreement if the Customer fails or refuses to pay any amount when due.

3.

Termination by order. MCM can terminate Service upon any court order, government or quasi-governmental agency.

4.

Survival. MCM will not terminate the Customer’s obligations to pay any unpaid portion of the current term. All rights and licenses granted by MCM upon the termination of any license, service, or agreement will cease and the Customer must stop accessing and using the Service. The termination of any Service license, or this Agreement, will not affect Sections 2, 4, 7, 11, 12, 13, and 14.

11. PROPRIETARY RIGHTS

MCM, its Affiliates and licensors retain all rights and title to the Services as well as all intellectual property and proprietary rights. All third-party software included with the Service and any copyright, trade secret and industrial laws is applicable to protect it. 

MCM and/or its affiliates also own all Customer  relating to the functionality and performance of the Service. its Affiliates are hereby granted all rights, titles, and interests. We many request additional instruments to confirm  ownership of the Feedback. The customer agrees that  can ask for further documents.

12. CONFIDENTIALITY

1.

It includes any data or information that is either confidential or proprietary and that (i) relates or relates (ii) to Disclosing Party’s software, information technology and business plans, forecasts and customer information; (iii) Contains or relates (technically to include software) Confidential Information does not include information that is: (iv) Commonly known to the public, readily ascertainable through public sources (other than as a consequence of a breach in confidentiality hereunder), or (v) Independently developed by either Party (the “Receiving Party”) without reference or reliance upon any Confidential Information by the Disclosing Party.

2.

Confidentiality. Each Party agrees that the Confidential Data of the other will be kept confidential. Without the written consent of the other Party, neither Party may disclose or provide Confidential Data of the other to any third party other than employees. If required by applicable laws to disclose Confidential information, either Party may share portions thereof to governmental regulatory agencies. The other party must notify the other Party about the request before disclosure takes place and assist the other Party as commercially feasible to ensure confidentiality.

3.

Notification Obligation. Notification Obligation. If Receiving Party, its employees, agents, or subpoenas, requires it to disclose Confidential Information (or documents in legal proceedings), then Receiving Party will promptly and fully notify Disclosing Party of all facts. Receiving Party will use commercially reasonable efforts in any case to protect the Confidential information. 

13. INTELLECTUAL PROPERTY and PUBLICITY

MCM, its Affiliates and licensors retain all rights and title to the Services as well as all intellectual property and proprietary rights. All third-party software included with the Service and any copyright, trade secret and industrial laws is applicable to protect it.  This Agreement will govern access to and use. MCM reserves all rights not explicitly granted to the Customer by this Agreement.

14. GENERAL

1.

Rights are not exclusive. This Agreement does not exclude any other rights or remedies.

2.

No waiver. The failure by either Party to exercise any rights under this Agreement or the waiver of any breach by the other Party of this Agreement shall not be construed in any way as a waiver of those rights or any other breach thereof.

3.

Notices. Notices. All notices, requests, and other communications are deemed given upon delivery as evidenced in the return receipt or delivery records.

4.

he entire agreement and modifications. This Agreement constitutes the complete understanding between MCM and the Customer. It replaces any prior or contemporaneous communication or agreement, or understanding, of any kind, either oral or written, regarding this subject matter. MCM may at any time modify, update, revise or supplement this Agreement. MCM may also impose additional terms, conditions, policies or terms on the Customer’s use. These  This Agreement incorporates all Additional Terms by reference.

5.

Assignment. This Agreement cannot be transferred by the Customer without MCM’s express written consent. However, either Party can transfer all rights and obligations under this Agreement to any successor in its interest to all or substantially all its assets or business without MCM’s consent. This Agreement is binding on each Party and shall inure to the benefit and satisfaction of all permitted successors and assigns.

6.

Independent Contractors. MCM and Customer are not to be considered partners, agents or other relationships by this Agreement. Each Party is responsible for its officers, employees, agents, and other actions.

7.

Employees. Each Party agrees to not hire or solicit for the hire of any employee or former employee during this Agreement’s term and for one year thereafter.

8.

Severability.

9.

Headings.

10.

Choice of Law. The laws of Georgia shall govern this Agreement without regard to any choice of law rules. Any dispute related to or arising from this Agreement is subject to the jurisdiction and control of the Cobb County Federal Courts. The customer agrees that these courts will be the exclusive venue for any resolution.

11.

Force Majeure. Force Majeure. The Party affected will resume performance as soon as possible.

12.

Anti-Bribery. Each party guarantees that it will adhere to all applicable anti-bribery laws, regulations and laws in execution of this Agreement, and performance of its obligations under the Agreement.

13.

Third-Party Code.

14.

Third-party websites. MCM may provide hyperlinks to other websites through the Service. MCM does not endorse or take responsibility for these websites. Before using these websites, customers should review the policies of other websites on data privacy and another topic

15.

Both singular and plural Referring to the singular also includes referring to the plural, and vice versa.

16.

Policy on PCI DSS. MCM GENIUS will adhere to all PCI DSS requirements. MCM will also maintain any cardholder data MCM has stored or processed on behalf of the customers. The Customer also understands that it is responsible to ensure that call recordings don’t capture or contain sensitive authentication information (SAD).

15. USE AND PROTECTION OF CUSTOMER PROPRIETARY NETWORK INFO ("CPNI")

1.

MCM will respect the confidentiality of the Customer’s CPNI according to applicable laws, rules and regulations. MCM can access, use and disclose the Customer’s CPNI as allowed or required by applicable laws and rules and regulations, or this Agreement.

2.

If Customer has at least one MCM representative that can reach Customer via other means than a call center, and as permitted by applicable law, MCM may provide Customer with CPNI (including call detail) to authorized customer representatives (as defined below).

3.

MCM may give Customer CPNI to Authorized Customers Representatives by any method authorized by MCM, provided that it is not prohibited under applicable laws, rules or regulations.

4.

Customer representatives are Customer employees, agents or contractors who have established relationships for Customers with MCM customer support, account or other MCM representatives. They also include any other authorized persons as per a written notice (including email) sent by the Customer to MCM.  The customer will agree to allow Authorized Customer Representatives to follow reasonable authentication and password procedures established by MCM to facilitate the disclosure of Customer CPNI information to Authorized Customers Representatives.

5.

Notifications from the Customer regarding authorization or reauthorization must reach Customer’s service department or account manager. They must include the following information:

  • Name, title, email address, postal address, and telephone number for the authorized or deauthorized person
  • The full corporate name of the Customer whose CPNI (and whose affiliated CPNI) the individual can access (or cannot access, if applicable)

6.

During the term, the Customer may designate, in writing or below, up to three representatives (“CPNI Authorizers”) who have the authority to grant Customer representatives access to CPNI under the Agreement. MCM will accept written notice from the Customer indicating the changes. It will then be possible to add or remove CPNI Authorizers.

16. CONSENT TO USE CPNI - LAWFUL PURPOSES

MCM acknowledges it has a duty and that the Customer has a legal right under federal or state law to protect Customer’s CPNI. CPNI is information about the Customer’s telecommunications service purchases from MCM. It also includes information regarding the Customer’s local and toll billing information. MCM can share the Customer’s CPNI and other Confidential Information with its Affiliates, agents and partners to allow all parties to use the information to offer the Customer the full range of services offered by MCM. MCM may use and disclose Customer Confidential Information and CPNI as described above. The customer agrees to this. MCM may be notified in writing by the Customer if the Customer refuses CPNI consent. The customer’s consent to or refusal to consent to CPNI will be valid until the Customer informs MCM otherwise. In either case, MCM will continue to provide service to Customers.

17. CONSENT FOR EMAIL MARKETING

MCM may send promotional emails to customers to market, promote and drive engagement with our products and services. The customer has consented to receive such e-mail messages.  may use Customer Data to send customer promotional communications.  can use the data it collects about Customers to decide whether or not to promote certain products or services to Customers.  may use customer information to match it with usage data. Click here to opt out of promotional emails.

FREE TRIAL TERMS AND CONDITIONS OF SERVICE

1.

Only new MCM customers are eligible for the free trial offer. MCM reserves all rights to cancel, modify, suspend or suspend a free trial offer without prior notice.

2.

Customers can choose to test our Free Trial Services up to seven days after the Effective Start Date

3.

MCM reserves all rights to refuse free trials to customers who do not meet the basic criteria, including but not limited to:

a. For a free business trial, provide proof of business by providing proof of business through an established and functioning corporate website. Provide a verified corporate email address (and an email address that is associated with your corporate domain).

b. You must not have been or are currently an MCM customer before you can apply for a free trial.

c. Customers can purchase local or toll-free numbers to test the service. This is subject to approval. These numbers can be purchased with the $10 credit.

4.

Customers cannot be eligible for a monetary credit of $10. MCM reserves all rights to cancel a Free Trial account if it isn’t used within 5 days.

5.

Customer agrees and understands that after they upgrade their Contact Center License (“My Plan”) within the online portal, this transforms the service to an active account at day 8 of the free trial period. The customer will be responsible for and agrees to pay all applicable usage and monthly fees.

a. MCM will charge the Customer’s credit card the monthly fees based on the selected plan(s), for each service, within the trial period or after exceeding the trial credit.