Terms and Conditions

By signing up for an account and/or otherwise using any of the services offered by GoTell Technologies Inc., you agree to be bound by the terms of this agreement.  These terms and conditions supersede all earlier versions.

These terms and conditions constitutes an agreement entered upon by GoTell Technologies, Inc. and you, the purchaser or account holder who is using GoTell's Services.  By using GoTell's Services, you agree to be bound by this agreement until said services are terminated.

Please read these terms and conditions carefully, as they describe your legal rights and obligations.  This agreement shall become effective as of the date of 1) the creation of your account; or 2) the date of service activation for use of any services offered by GoTell Technologies Inc.

1. Definitions

1.1

"GoTell", "us", "we", "our" and any other grammatical variants refer to GoTell Technologies, Inc., a corporation created and operating under the laws of the Sate of Georgia, United States of America, located at 690 Somerset Vale Drive, Lawrenceville, GA 30044.

1.2

"GoTell Services" refer to any services provided to the customer by GoTell Technologies, either free or paid services.

1.3

"Client", "customer", "you", "yours" and any other grammatical variants refer to the subscriber, either as an individual or representative of an organization, of GoTell Services.

1.4

"Content" refers to any downloadable files which would be viewed by a web browser for display with or without plug-ins.

1.5

"Suspend" or "Suspension" refers to the disabling of a customer account and all GoTell Services for that account.

1.6

"Customer Support" or "Technical Support" refers to the communications between GoTell Technologies and our clients that involve the resolution of technical issues or customer relation issues.

1.7

"Storage" or "Website Space" refers to the quantity of computer memory allocated to your customer account as outlined in the description of your account services, generally measured in megabytes (MBs).

1.8

"Your Data" refers to, but is not limited to any data, information, files, database entries, email, documents, images, video, web pages, or any other content which is stored or housed on GoTell's equipment or provided by GoTell's services.

1.9

"Third party" refers to any vendor other than GoTell Technologies which provides services to the client.  GoTell Technologies does offer setup and support services for third party vendors; however, those vendors are not associated with GoTell Technologies in any way.

1.10

"Software" refers to any programming code provided to the customer in the form of a web-based service or on distributable media.

2. Description

GoTell Technologies offers access to it's services as soon as is practically possible after account registration or the purchase of GoTell's services.  You will be issued a user name and password for access into your online account.  You are responsible for maintaining the confidentiality of both your password and your account.  You agree to not share your account credentials with any other client, account holder, or entity outside of GoTell's system or network.  You agree to immediately notify GoTell of any unauthorized uses or breaches of your account security.  You acknowledge that GoTell is not responsible or liable for any loss or damage resulting in a security breach.

2.1 Provision of Services

2.1.1

For all Services hosted by GoTell Technologies, you are provided with a single, non-transferable, non-sublicensable, revocable, and limited license for use.

2.1.2

Customer Service and Technical Support of GoTell's hosted services shall be provided at the discretion of GoTell Technologies.  GoTell Technologies is not responsible for the provision of Customer Service and Technical Support, but may choose to do so at it's own discretion.  Customer Service or Technical Support may be refused at any time and is subject to the discretion of GoTell Technologies.

2.1.3

GoTell Technologies is not responsible for the training in the use of any of it's services, but training may be provided, whether paid or unpaid, at the discretion of GoTell Technologies. Training may be refused at any time and is subject to the discretion of GoTell Technologies.

2.1.4

GoTell Technologies is not responsible for data loss on our systems.  While GoTell Technologies goes to extensive lengths to properly secure and administer a safe and reliable service environment, GoTell Technologies will not be held liable for data loss should it occur for any reason.

2.1.5

GoTell Technologies is not responsible and will not be held liable for any loss of data housed on third party systems.  GoTell Technologies does provide setup and support services for third party services, and the responsibility of the security over that data is solely the responsibility of the customer and the third party provider.

2.1.6

By using GoTell's Services, you agree to use said services in a way that is fully consistent with United States law.  Additionally, you agree to be bound to use GoTell's services consistent with Georgia and the local state which the customer resides.

2.1.7

The use of GoTell's Services to distribute SPAM or pornography is strictly forbidden.  Use of GoTell's services in this way will result in immediate termination of services.

2.1.8

GoTell Technologies may suspend or terminate services being provided to the client for any reason.

2.1.9

GoTell Technologies shall at all times retain title to all software provided to the customer in the form of web-based services.  All additional software licensing from third party vendors for use in web-based services remain the property of GoTell Technologies.

2.1.10

The reproduction, copy, distribution, or public display of any software provided within GoTell Services is strictly forbidden.

2.2 Payment and Fees

2.2.1

Certain GoTell Technologies services are subject to fees regarding setup and ongoing provision of service as laid out in the fee schedule for the provided service.

2.2.2

All payments and fees are due 30 days from the date of the invoice.  If payment is not received within 30 days from the date of the invoice, additional fees may apply.  Failure to pay may result in cancellation of service, further legal action, or your account being turned over to a collections agency.

2.2.3

Payment is due in advance of the service period and must be paid in US Dollars.

2.3 Cancellation of Service

2.3.1

GoTell Technologies retains the right to refuse or cancel service at any time for violation of these Terms and Conditions.

2.3.2

Should you cancel your service with GoTell Technologies, your account will remain active until the end of paid service.  In the event that service is canceled and a signed agreement with a term, whether monthly or yearly term, is in place, the account will remain active until the end of said term, with all payments and fees remaining in effect until the end of the agreed term.

2.3.3

Upon cancellation of service, the customer is responsible for downloading and backing up all customer data including but not limited to documents, files, images, videos, website content, user data, statistics, and any other data related to your service with GoTell.

2.4 Client Payment Processing

2.4.1

GoTell Technologies provides a mechanism for you to provide services to your constituents which require the online processing of payments.  As such, the responsibility of maintaining the payment processing gateway resides solely with you.  GoTell Technologies is not responsible in any way for the security, reliability, or availability of payment processing on your website through the use of any GoTell services.

2.5 Availability of Services

2.5.1

GoTell Technologies will attempt to provide services twenty-four hours per day, seven days per week throughout the term of this agreement.  You agree that from time to time, services may be inaccessible, inoperable, or unavailable for any reason including but not limited to equipment malfunctions, periodic maintenance, or causes beyond the control of GoTell Technologies, including but not limited to hostile network attacks, telecommunications failures, or other failures.

2.6 Website Content Updates

2.6.1

You agree to be solely responsible for performing all updates to your site content as well as any data housed on your website.  GoTell Technologies is responsible for providing the service of hosting your website and is not responsible for the creation or updating of your website content or data.

2.6.2

GoTell Technologies may choose to perform content or data updates to your website for a fee.  Fees for updating site content or data may be found in the pricing tables for your particular hosting service package.

3. Warranty

3.1

The Services provided by GoTell Technologies are provided on an "as is" basis without any warranty of any kind, express or implied.  You agree to use GoTell Services at your sole risk.  GoTell Technologies does not warrant that any services will be offered uninterrupted or error free, nor does GoTell make any warranty as to any specific results that may be obtained through the use of GoTell services.

4. GoTell Technologies Limited Liability

4.1

Your sole and exclusive remedy hereunder shall be for you to discontinue your use of GoTell Services.  In no case shall GoTell Technologies, it's Directors, Officers, Employees, Affiliates, Agents, or Contractors be liable for any direct, indirect, incidental, exemplary, special, or consequential damages arising from you use of or relating to the services provided by GoTell Technologies.

4.2

You are solely responsible for the data and processing of data on your website.  This responsibility extends to the personal data you maintain on your constituents, and the processing of any payments on behalf of your constituents.  GoTell Technologies will not be liable to any party, directly or indirectly relating to GoTell Services.

5. Term of Agreement

5.1

Unless otherwise agreed upon, this agreement shall be valid for an initial term of three months and shall be automatically renewed for an additional three month period unless services are otherwise terminated.

5.2

Not withstanding the provisions in section 5.1, GoTell Technologies offers certain service packages which exceed a three month period.  In such case, the term outlined in said agreement shall take precedence over the three month term.

5.3

In the event that services are terminated, payment for the full agreed term is due within 30 days of that termination.

6. Privacy

6.1

GoTell Technologies respects your privacy and will not disclose your personal or account information with any other party unless obligated by law.

7. Validity

7.1

In the event that one or more of the provisions contained in this agreement shall for any reason be determined to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision outlined in these Terms and Conditions.  Should portions of this agreement be determined to be invalid, illegal, or unenforceable, all other provisions outlined in this agreement will continue to apply as if the invalid, illegal, or unenforcable provisions had never been included.

8. Notices

8.1

GoTell Technologies may provide notices regarding system updates, account changes, billing, etc. via Email using the address provided by you at the time of account creation.  It is your responsibility to ensure that your contact information is kept current and up-to-date.  Changes to your contact information may be made by phone or Email using the Contact Us page on our main website located at http://www.gotelltech.com.

9. Entire Agreement

9.1

This agreement constitutes the entire agreement between GoTell Technologies and the purchaser of GoTell's Services.

9.2

The only exception to section 9.1 occurs in the event of a special service contract between GoTell Technologies and it's customers.  In such case, the terms and conditions of that service contract supersedes this agreement in all cases where a conflict may occur.

10. Modification

10.1

The terms and conditions as outlined in this agreement may be materially altered by GoTell Technologies by posting the new version of the agreement at http://www.gotelltech.com.  Upon posting of the new agreement, all terms and conditions shall be effective immediately.  Your continued use of GoTell Technologies Services constitutes that you accept all terms and conditions as outlined in this agreement.

10.2

You may not modify this agreement in any way.  Any such modification of this agreement made by any party other than GoTell Technologies shall be deemed null and void.