1) SERVICE DESCRIPTION: CustomerReach live chat service.
2) BILLING & FEE STRUCTURE: Monthly fees are billed in advance for the current billing period. Your billing period begins on the same day of each month.
3) CANCELLATION: You have a 15-day cancellation period after you sign up for service. If you cancel service within this period, you will receive a full refund. We require a 30-day written notice if you cancel service after the 15-day cancellation period.
4) GUARANTEE: You are purchasing an Internet service. In the event we make an error in servicing your account(s) we will gladly refund upon request, at a minimum, the actual cost for that portion of service. At a maximum, we do not, assume any responsibility, beyond the return of one month's base fee, for any damages, resulting from a failure to perform any services under this Agreement, even where such failure is a result of our negligence, misconduct, error or omission. Accordingly, you and your insurer should be aware that this express disclaimer of liability is an integral part of the contractual relationship between you and CustomerReach Corporation. At no time are we liable for losses in excess of the above that you might incur as a result of an error on our part. Errors must be brought to the attention of CustomerReach Corporation in writing no later than 30 days from the occurrence in order to be considered for any credit or refund.
6) AVAILABILITY: Services are available on a 24-hour, 7-day per week basis, including Holidays unless specified otherwise. However, we do not guarantee total availability due to equipment failure, power failure, unavoidable lack of suitable labor, human error, or natural and/or unnatural occurrences. We reserve the right to power-down our system(s) at the most cost effective and opportune times in order to do maintenance, repairs and/or upgrades. Any down time longer than a 24-hour period will be made known to you as time and available personnel permit.
7) COMPLIANCE: Changes to this agreement as well as increases or changes to billing or fee structure for CustomerReach Services will be given on a 30-day advance notice basis. Notice automatically becomes an amendment to this agreement. PAYMENT OF ANY KIND TOWARDS YOUR ACCOUNT(S) IMPLIES AGREEMENT WITH ALL THE TERMS AND CONDITIONS HEREIN.
8) LIMITATION OF LIABILITY: THE SOFTWARE IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES. CUSTOMERREACH CORPORATION DISCLAIMS ALL WARRANTIES RELATING TO THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER CUSTOMERREACH CORPORATION NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF CUSTOMERREACH CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL THE CUSTOMERREACH CORPORATION'S LIABILITY FOR ANY DAMAGES EVER EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON OR COMPANY USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.