1. These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and the Innovative Solutions & Support LLC, 23 Geissler Drive, Shelton, CT. 06484, EIN: 83-4181851, email@example.com concerning your access to and use of our websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
2. You agree that by accessing the Site and using resources provided therein, you have read, understood, and agree to be bound by all Terms of Service. If you do not agree with all terms of Service or have no legal capacity to be bound to them, then you are expressly prohibited from using the Site and resources provided therein, and you must discontinue the use immediately.
3. These Terms of Service, your use of the Site, as well as contracts concluded with us are governed by and construed in accordance with laws of the United States and the State of Connecticut. Those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
4. All orders placed through the Site are subject to conditions specified in the order page and below.
5. We dedicate our Site to cold-calling services aimed at generating leads, in accordance with your instructions (“Services”).
6. To use our Services, you shall place an order through the Site, choosing one of available payment methods, or contact us directly, where applicable. Payment processing companies are separate entities and after selecting their payment method, you may be subject to their Terms of Service they provide.
7. We provide you with the Services in accordance with the plan you selected, as specified below.
8. If you select the subscription-based weekly plan, we shall provide our Services for pre-agreed number of hours per week. The provision of Services under this plan is conditional upon making payment upfront before the beginning of each new week. The contract is concluded for indefinite period and you can terminate it by cancelling your subscription, effective at the end of each commenced week. Unless specified otherwise in the order page, the subscription-based weekly plan is priced $25.00 usd per hour.
9. If you select the pay-as-you-go plan, we shall provide our Services for a specific number of prospects, in accordance with your order. The provision of Services under this plan is conditional upon making payment upfront. Unless specified otherwise in the order page, each call to each prospective lead is priced $1.
10. All complaints should be sent to the address indicated in section 1 above, by e-mail or traditional mail. The complaint should include:
11. Complaints will be considered within 30 days of their receipt. The answer will be sent to the e-mail address provided by you.
12. We may request you to provide information necessary to solve the request, specifying a period not shorter than 7 days and the scope of required information, with the instruction that failure to complete the request within the specified period will result in the request not being considered. After the expiry of the designated deadline, the complaint shall not be considered.
13. Consumers enjoy possibilities of using out-of-court complaint and redress procedures. If you wish to follow such procedure, please contact us so we might suggest a procedure appropriate for your case.
14. You enjoy the right to withdraw from you ordered hourly plan at any time with a right to refund the equivalent of ordered hours not yet used for providing our Services. Under any circumstances, right to refund does not apply to Services that have already been provided.
15. To exercise your right of withdrawal, you shall notify us either through the Site or to the contact details specified in section 1 of the Terms of Service of your decision to withdraw from this contract by an unequivocal statement.
16. You can use the withdrawal template below, but it is not obligatory.
17. The model withdrawal template that can be copied and completed only if you wish to withdraw from the contract is as follows:
• Addressee: (our details from section 1 of the Terms of Service)
• I (*) inform (*) about my withdrawal from the contract for the provision of the following services (*)
• The date of conclusion of the contract (*)
• Your name and surname
• Your address
• Your signature (only if the form is sent in paper version)
18. After receiving your notification about withdrawal from the contract for pay-as-you-go hourly plan, we will refund all due payments received from you, in accordance with the above provisions, immediately and in any case, no later than 14 days from the date on which we were informed about the decision to exercise the right to withdraw from the contract. Refunds will be made using the same payment methods that were used in the original transaction, unless expressly agreed otherwise; in no event will you incur any fees related to this return.
19. By using the Site, you represent and warrant that:
20. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the Site (or any portion thereof).
21. Whenever you register with the Site, you agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
22. Unless otherwise indicated, the Site, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the State of Connecticut, foreign jurisdictions, and international conventions.
23. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions or in any other binding agreement with us, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
24. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, unless stated otherwise. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
25. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
26. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
27. We cannot guarantee the Site will be always available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
28. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
29. Nothing in these Terms of Service will be construed to oblige us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
30. Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the State of Connecticut, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in the State of Connecticut.
31. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
32. The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connections with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any:
(1) errors, mistakes, or inaccuracies of content and materials,
(2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
(3) unauthorized access to or use of our secure servers or all personal data or financial information stored therein,
(4) interruption or cessation of transmission to or from the site,
(5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or
(6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the site. We do not warrant, guarantee, or assume responsibility for any product or service advertised, or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you any third-party providers of products or services.
33. As with making transactions through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
34. To the fullest extent permitted by law, in no event will we our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site and our Services. The liability limitations under these Terms of Service do not apply to or affect your consumer rights.
35. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site and Services; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
36. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
37. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
38. These Terms of Service and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
39. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
40. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
41. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them.
42. You hereby waive all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
43. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time only for important reasons, due to changes in applicable law, or a significant change of circumstances. We will alert you about any changes to these Terms of Service, using the e-mail address you provided. If you do not agree with the updates to these Terms of Service, let us know within 7 days of receiving an alert. Lack of timely objection means you agree to the new version Terms of Service.
44. These Terms of Service remain binding until you use or have a valid account on our Site and until you pay us all the remaining fees, commissions and remuneration, 2 years after that date, and later - to extent implied by the nature of rights and obligations created under these Terms of Service, until the end of limitation periods for any legal claims.
45. The Parties may agree an earlier termination of the Terms of Service.