By purchasing, subscribing to, or using Talk With Lead (“TWL”) products, services, and websites (collectively, the “Services”), you (“Customer,” “you,” or “your”) agree to these legally binding Terms & Conditions (“Terms”). If you do not agree, you may not use the Services.
1. Acceptance of Terms & Digital Signature
By (a) clicking “I Agree” or similar acceptance box during checkout, or (b) completing a purchase through TWL or any authorized reseller, you acknowledge that this constitutes your digital signature and binding acceptance of these Terms.
All electronic records, IP addresses, timestamps, order confirmations, invoices, and payment authorizations shall constitute proof of acceptance.
2. Billing, Payments & Recurring Charges
- All Services are subscription-based and billed monthly in advance (unless otherwise specified in writing).
- By subscribing, you authorize TWL to automatically charge your payment method on file each billing cycle until cancelled per Section 5.
- If a charge is declined, you authorize TWL to charge any other payment method you have provided to TWL for the amount due.
- Fees are due regardless of actual usage. Services require upfront work (e.g., account setup, configuration, provisioning, software licensing, and resource allocation), which are non-refundable costs incurred immediately upon signup.
- Currency: Invoices are issued in USD and must be paid in the invoice currency.
Non-Payment:
- Accounts 30+ days past due may be suspended or terminated without notice.
- Late fee: $50/month on overdue balances.
- Reactivation requires full payment of all past due amounts plus applicable fees.
- TWL reserves the right to submit delinquent accounts to third-party collections, with Customer liable for collection costs, attorney’s fees, and interest (1.5% per month or max allowed by law).
3. Non-Refundable Fees
- Setup Fees: Any installation, onboarding, or customization fee is non-refundable.
- Monthly Fees: All monthly subscription fees are non-refundable once charged, including in cases of non-use.
- Customers acknowledge that TWL incurs significant costs in account setup, provisioning, and resource allocation, whether or not the Services are actively used.
4. Proof of Purchase & Authorization
- Customers agree that TWL’s records (including digital logs, order confirmations, timestamps, payment processor records, and customer communications) shall serve as irrefutable proof of authorization.
- Claims of “no knowledge of the charge” or “unauthorized use” are invalid if TWL’s records show the customer provided payment details, accepted Terms, or accessed the Services.
5. Cancellation & Termination
- Cancellation Method: All cancellations must be submitted in writing via (a) the TWL customer portal. Phone, email, text, or verbal requests are not accepted.
- Notice Period: Cancellations require at least 30 days’ advance written notice prior to the next billing date.
- Proof of Cancellation: Customer is responsible for retaining the cancellation confirmation email or portal receipt.
- Mid-Term Contracts: If you signed a fixed-term contract (e.g., 6-month, 12-month), early termination requires full payment of all remaining months.
TWL may suspend or terminate Services immediately if:
- Customer violates these Terms.
- Customer fails to pay any invoice when due.
- Customer engages in fraudulent or unlawful activity.
6. No Guarantee of Use
Customer acknowledges that lack of use of the Services (e.g., no calls placed,
no log activity) does not entitle Customer to a refund or chargeback. Services
are deemed delivered upon account setup, access provisioning, or other reasonable
effort by TWL.
7. Disputes & Chargebacks
- Filing a chargeback without first attempting resolution directly with TWL is a breach of these Terms.
- TWL reserves the right to suspend or permanently ban accounts that initiate fraudulent or abusive chargebacks.
- Customer acknowledges that subscription charges are valid if:
Services were provisioned or made available, regardless of use.
Cancellation was not submitted in writing per Section 5.
Setup or monthly fees were already incurred.
8. Limitation of Liability
8. Limitation of Liability You expressly understand and agree that Talk With Lead,
its directors, employees, agents, and partners shall not be liable to you for any
direct, indirect, incidental, special consequential or exemplary damages resulting
from the use of inability to use any of the Services or for the cost of procurement
of substitue services. This shall include, but not be limited to, any loss
of profit (whether incurred directly or indirectly), loss of goodwill,
loss of data, or any other intangible loss.
9. Governing Law & Jurisdiction
These Terms shall be governed by the laws of Canada. Customer agrees that all disputes shall be resolved exclusively in the courts of Canada.
10. Entire Agreement
This Agreement constitutes the entire understanding between Customer and TWL and supersedes all prior agreements, oral or written.