The following are terms of a legal agreement between you and Fenero, Inc. regarding your access and use of this website (the “Site”) collectively to include www.fenero.com, cloud.fenero.com, manager.fenero.com and support.fenero.com. By accessing, browsing, or using these websites, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this website.
This Site and all content in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Fenero’s prior written consent, except that Fenero grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within the Site, solely on your computer and for your personal, non-commercial use of this website. This permission is conditioned on your not modifying the content displayed on the Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in the Site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from the Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.
Your failure to comply with the terms, conditions, and notices on the Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Fenero does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from any of the Site on another website or in any other media.
Information on these websites is not promised or guaranteed to be correct, current, or complete, and the Site may contain technical inaccuracies or typographical errors. Fenero assumes no responsibility for updating these Sites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described on any Fenero Website.
Fenero Inc. provides no assurances that any reported problems will be resolved by Fenero Inc. even if Fenero Inc. elects to provide information with the goal of addressing a problem.
As the developer of the software and provider of the Fenero contact center Platform (the underlying hardware, software, web interface and connectivity to the phone network) comprising the features accessible through this web site, Fenero. Inc. wants to ensure that all users of the Platform are aware of, and abide by, all applicable laws and regulations. Because our Platform is capable of sending prerecorded messages, it is important that you review the entirety of this Agreement and if you have any questions contact your attorney before continuing.
Awareness of Certain Laws.
Prior to using this site or the features accessible through this site, “You” (i.e., each end user, sales agent, reseller, or other party accessing the site) shall have made yourself aware of the legalities of all intended uses of the Features. Without in any way limiting the general nature of the Representations and Warranties set forth below or the covenant in the preceding sentence, You agree that You are aware of the laws and regulations contained on the following websites, as well as any similar state laws applicable to Your use of the Features:
- http://www.donotcall.gov (Do Not Call Registry)
- http://www.ftc.gov (Federal Trade Commission and the Telemarketing Sales Rule)
- http://www.fcc.gov (Federal Communications Commission and the Telephone Consumer Protection Act)
This Agreement sets forth the terms and conditions under which Fenero Inc. agrees to offer to Subscriber certain hosted contact center software and provide all other services necessary for productive use of such software including customization / integration, user identification and password change management, data import / export, monitoring, technical support, maintenance, training, backup and recovery, and change management (the “Services“).
Suspension of Service.
Without limiting Fenero Inc. rights or remedies hereunder, Fenero Inc. may suspend some or all Services if Fenero Inc. determines, in its reasonable judgement, that the Services are being used (a) in a fraudulent or illegal manner or (b) in a manner that is likely to (i) disrupt or compromise the integrity or security of the Fenero Inc. Platform, the network of Fenero Inc. or any Fenero Inc. Partner, or the privacy of any Fenero Inc. customers or (ii) cause imminent and material damage to Fenero Inc. or any Fenero Inc. Employee or Partner, but only for as long as reasonably necessary to mitigate the risk of such harm. Fenero Inc. shall notify Customer in advance of such suspension, if practicable, and otherwise promptly thereafter.
Authorized Users; Authorized Uses.
Fenero Inc. grants Subscriber a renewable, nonexclusive, royalty-free, and worldwide right for any Subscriber employee, contractor, or agent, or any other individual or entity authorized by Subscriber, (each, an “Authorized User”) to access and use the Services. The Services are provided on an unlimited use basis. Subscriber is entitled to increase or decrease the number of Authorized Users on an as-needed basis. The method and means of providing the Services shall be under the exclusive control, management, and supervision of Fenero Inc.
Fenero Inc. shall provide bug fixes, corrections, modifications, enhancements, upgrades, and new releases to the Services to ensure: (a) the functionality of the Services is available to Authorized Users; (b) the functionality of the Services in accordance with the representations and warranties set forth herein, including but not limited to, the Services conforming in all material respects to the specifications, functions, descriptions, and standards. The Services Fees shall be inclusive of the fees for maintenance.
Subscriber shall be responsible for and shall pay to Fenero Inc. the fees described below subject to the terms and conditions contained in this Agreement. Any sum due Fenero Inc. for the Services for which payment is not otherwise specified shall be due and payable upon receipt by Subscriber of an invoice from Fenero Inc. Subscriber shall prepay the sums due in the BILLING App in the Fenero Management Portal.
The Service Fees are in the form of telecommunication services per-minute, per-call pricing, per transaction and support. Service Fees are defined as outlined on www.fenero.com. All Service Fees must be pre-paid and purchased in advance of Subscriber using Services.
Technical Support Description.
Fenero Inc. will provide to Subscriber various telephone, online self-service and email support (“Technical Support”) based on the current Support Plan purchased. Current plan descriptions and pricing are available of the Fenero support website at https://support.fenero.com. Technical Support will include any research and resolution activity performed by Fenero Inc. Response to Support Requests are based on the Support Plan purchased.
Fenero Inc. represents and warrants that it is an independent contractor for purposes of federal, state, and local taxes. Fenero Inc. agrees that Subscriber is not responsible to collect or withhold any such taxes, including income tax withholding and social security contributions for Fenero Inc.
All prepaid fees and other payments by Customer under these Terms are non-refundable and non-creditable.
Termination of Services.
Without limiting Fenero Inc. rights or remedies hereunder, Fenero Inc. may terminate Services if Fenero Inc. determines, in its reasonable judgement, that the Services are being used (a) in a fraudulent or illegal manner or (b) in a manner that is likely to (i) disrupt or compromise the integrity or security of the Fenero Inc. Platform, the network of Fenero Inc. or any Fenero Inc. Partner, or the privacy of any Fenero Inc. customers or (ii) cause imminent and material damage to Fenero Inc. or any Fenero Inc. Employee or Partner. Fenero Inc. shall notify Customer in advance of such termination, if practicable, or otherwise promptly thereafter.
In the event of such termination, or for cancellation of services due to other reasons, you are responsible for cancellation of any automatic subscription services prior to its renewal on a monthly basis. Cancellation of Support Services and Local DIDs or Toll Free Numbers must be done prior to renewal date. It is your responsibility to cancel the desired services within your account and send an email to firstname.lastname@example.org Fenero of the desired cancellation.
Acceptable Use and Account Status Policy
Fenero is a cloud based contact center solution. It is available to our valued clients in support of their business to assist them in providing outstanding customer experiences. We frequently run processes within our platform that check for usage and account funding. If a client account is not used or funded over a 90 day period, the account will be deactivated and all data deleted. Establishing and maintaining effective data management services and policies is vital to overall systems performance as storing old client account data consumes considerable systems resources on our network. These processes are important and are required so that we can continue to provide cost-effective and efficient services to our valued clientele.
We have implemented processes that check the activity and usage on Subscribers active campaigns. Fenero considers an ‘idle’ campaign as one that is used for purposes other than handling customer interactions (e.g. time tracking-only campaigns). These campaigns consume valuable system resources and are not allowed. Any campaign classified as ‘idle’ will be disabled. Please make sure you’re using the system for its intended purposes or your account may be at risk of suspension.
Representations and Warranties.
You represent that you shall comply with all applicable federal, state, local, or other laws and regulations applicable to the performance by it of your obligations under this Agreement and shall obtain all applicable permits and licenses required of it in connection with your obligations under this Agreement.
You represent and warrant that (i) You have all rights, power and authority to be bound hereby and to perform the obligations required hereunder; (ii) nothing contained herein places You in breach with any other contract or obligation; and (iii) You are, and at all times shall remain, in full compliance with all applicable laws and regulations; including, without limitation, those concerning privacy, telemarketing and otherwise relating to your use of the Services (including, without limitation, the Telemarketing Sales Rule (“TSR”), the Telephone Consumer Protection Act (“TCPA”).
You represent that you are a business duly incorporated, validly existing, and in good standing under the laws of your state of incorporation.
Disclaimer of Warranty.
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. FENERO INC. EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, FENERO INC. MAKES NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING WITHOUT LIMITATION LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
Limitation of Liability.
IN NO EVENT WILL FENERO INC. BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE OR ANY USE OF THIS SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF FENERO INC. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
You agree to indemnify and hold harmless Fenero Inc., its officers, directors, employees, and agents, and shall defend, at Your expense, and pay the cost of any damages, settlement or award (including reasonable attorneys’ fees and all related costs) arising out of, or in connection with, any actual or threatened claim, suit, action or proceeding by any person or authority arising out of Your violation of any representation, warranty or covenant contained herein, or any use by You, any account of Yours, or anyone else using your login information, to access the site or utilize the Platform. If You fail to promptly investigate and defend or settle any claim of which You are notified, then Fenero Inc. has the right to take sole control over defense of the claim and all negotiations for its settlement or compromise, and You shall pay, as they become due, all of the reasonable costs and expenses (including reasonable attorneys’ fees and related costs) reasonably incurred by Fenero Inc. in defending or negotiating settlement of the claim, and You shall satisfy any related settlement, award, or judgment.
Each party will use its best efforts to ensure that no computer viruses, malware, or similar items (collectively, a “Virus”) are introduced into the other’s computing and network environment, and that, where such transfers of a Virus occurs, it shall notify the other party the affected party to remove or recover from the Virus.
This website may provide links or references to non-Fenero resources and websites. Fenero Inc. makes no representations, warranties, or other commitments whatsoever about any non-Fenero websites or third-party resources that may be referenced, accessible from, or linked to any Fenero site. A link to a non-Fenero website does not mean that Fenero endorses the content or use of such website or its owner. Fenero Inc. is not responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Fenero Inc. or any Fenero representative. You acknowledge and agree that Fenero Inc. is not responsible for the availability or quality of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.
Ownership of Subscriber Data.
Subscriber’s data shall include: (a) Subscriber’s data collected, used, processed, stored, or generated as the result of the use of the Services; and, (b) personally identifiable information (“PII“) collected, used, processed, stored, or generated as the result of the use of the Services, including, without limitation, any information that identifies an individual, such as an individual’s social security number or other government-issued identification number, date of birth, address, telephone number, biometric data, mother’s maiden name, email address, credit card information, or an individual’s name in combination with any other of the elements listed herein. Subscriber Data is and shall remain the sole and exclusive property of Subscriber and all right, title, and interest in the same is reserved by Subscriber.
Fenero Inc. Use of Subscriber Data.
Fenero Inc. is provided a limited license to Subscriber Data for the sole and exclusive purpose of providing the Services, including a license to collect, process, store, generate, and display Subscriber Data only to the extent necessary in the providing of the Services. Fenero Inc. shall: (a) keep and maintain Subscriber Data in strict confidence, using such degree of care as is appropriate and consistent with its obligations as further described in this Agreement and applicable law to avoid unauthorized access, use, disclosure, or loss; (b) use and disclose Subscriber Data solely and exclusively for the purpose of providing the Services, such use and disclosure being in accordance with this Agreement, and applicable law; and, (c) not use, sell, rent, transfer, distribute, or otherwise disclose or make available Subscriber Data for Fenero Inc.’s own purposes or for the benefit of anyone other than Subscriber without Subscriber’s prior written consent.
Extraction of Subscriber Data.
Fenero Inc. shall provide the ability for the Subscriber to extract any and all data from Fenero Inc. via its Management Portal with the REPORTING application.
Backup and Recovery of Subscriber Data.
As a part of the Services, Fenero Inc. is responsible for maintaining a backup of Subscriber Data and for an orderly and timely recovery of such data in the event that the Services may be interrupted.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the federal laws of the United States of America. Subscriber hereby consents and submits to the jurisdiction and forum of the state and federal courts in the State of Florida in all questions and controversies arising out of this Agreement.
Force Majeure; Excused Performance.
Neither party shall be liable for delays or any failure to perform the Services or this Agreement due to causes beyond its reasonable control. Such delays include, but are not limited to, fire, explosion, flood or other natural catastrophe, governmental legislation, acts, orders, or regulation, strikes or labor difficulties, to the extent not occasioned by the fault or negligence of the delayed party. Any such excuse for delay shall last only as long as the event remains beyond the reasonable control of the delayed party. However, the delayed party shall use its best efforts to minimize the delays caused by any such event beyond its reasonable control.
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