Terms and Conditions
This Service Agreement is between Pactel Corporation d/b/a MinuteHub.com ("MinuteHub") and Customer.
MinuteHub is a wholesale VoIP hub, which provides MinuteHub.com (“Site”) for facilitating the purchase of telecommunications services (“ Service or Services”) over the internet. Customer desires to purchase Services from MinuteHub in accordance with the terms and conditions set forth in this Agreement.
All the Services provided by MinuteHub to the CUSTOMER will be governed by the terms and conditions set forth in this Agreement. By (i) selecting the checkbox ( “I read and understand the Terms and Conditions of the MinuteHub Service Agreement” ) located at MinuteHub’s Site and (ii) activating the Services, the CUSTOMER acknowledges receiving, reading and understanding this Agreement and accepts its terms and conditions. Furthermore, by activating and accessing the Site, the Customer agrees to be bound by the Terms and Conditions set forth herein whether or not the Customer read this Agreement.
1. DEFINITIONS.
“VoIP” shall mean Voice over Internet Protocol.
Call Detail Record (“CDR”) shall mean a call accounting record specifying the necessary call information, such as date, duration, and number called.
“Customer” shall mean an organization, which has been approved by MinuteHub to access its Site, purchase services, and has been assigned a Brand ID.
“Control Panel” shall mean the Site account management feature, which has been granted by MinuteHub to Customer. The Site Control Panel can be accessed, via www.minutehub.com, using a USER ID and PASSWORD.
“GMT” shall mean Greenwich Mean Time.
“USD” shall mean the United States Dollar denomination.
2. RELIANCE ON INFORMATION.
The Site may include inaccuracies or typographical errors that may be corrected as they are discovered at MinuteHub’s discretion.
3. CHANGES TO THE SITE.
Changes may be made at any time to the information, names, text, software, images, pictures, logos trade-marks, products and services and any other material displayed on, offered through or contained on this Site. Changes may be made to the Site at any time by MinuteHub and without notice to Customer.
4. LINKS.
The Site may contain links to or references to third party websites. These links are provided for CUSTOMER’s convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of MinuteHub or its affiliates. CUSTOMER’s use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.
5. CUSTOMER RESPONSIBILITIES
CUSTOMER shall perform its obligations under the Terms and Conditions set forth herein and shall use MinuteHub in a manner consistent with applicable law and shall not use MinuteHub or permit MinuteHub to be used for any illegal purpose or in any unlawful manner. CUSTOMER’S transmission of any and all material that is in violation of any federal, state or local law, order or regulation is prohibited, and shall constitute grounds for termination by MinuteHub in its sole discretion.
5.1 CUSTOMER shall be responsible for (i) provision of, and expenses associated with, installation of all interconnection facilities and other actions necessary, including but not limited to its network and equipment configurations, for it to use MinuteHub and (ii) payment for all costs relating to any equipment and/or facilities, or third party engineering services, obtained by MinuteHub on CUSTOMER’s behalf.
5.2 MinuteHub and CUSTOMER will use reasonable efforts to maintain the security and confidentiality of any transactions conducted or information transmitted via MinuteHub, subject to applicable law. CUSTOMER shall be responsible for the security and confidentiality of information it transmits through MinuteHub.
5.3 CUSTOMER shall be responsible for all purchases and related activity, via MinuteHub, by all users of the account control panel ( “Control Panel”). All such users will be deemed to have read, understood and agreed to the terms and conditions set forth herein.
5.4 MinuteHub will not and MinuteHub’s employees are not authorized to provide CUSTOMER with any legal, regulatory, tax or accounting advice, or advice regarding the appropriateness, suitability or profitability of any purchase, which CUSTOMER undertakes on or through MinuteHub. CUSTOMER will not solicit or rely upon any such advice from MinuteHub or any of its employees or affiliates. MinuteHub and its officers, directors, employees, agents and affiliates will have no liability with respect to any such advice.
5.5 CUSTOMER is solely responsible for managing its password and for keeping its password confidential. No one from MinuteHub will be authorized to provide CUSTOMER’s password. If CUSTOMER forgets its password, then CUSTOMER shall send an email, with a Subject Header – “Forgot Password”, to MinuteHub Support (support@minutehub.com). MinuteHub Support will send CUSTOMER a temporary password to CUSTOMER’s registered email address. CUSTOMER is solely responsible for restricting access to any computer CUSTOMER uses to access its MinuteHub account. CUSTOMER agrees that CUSTOMER is responsible for all activities that occur on its account or through use of its password by CUSTOMER or by any other persons.
5.6 Customer agrees that it shall convert the time, GMT (Greenwich Mean Time),displayed in MinuteHub posted and downloaded CDRs to its local regional time.
5.7 Customer agrees that it shall conduct all of its purchases and VoIP transmissions, via MinuteHub, in compliance with all applicable legal and regulatory requirements.
3. MINUTEHUB IS ONLY A WHOLESALE VOIP HUB
Pactel Corporation’s operation of MinuteHub does not constitute provision by Pactel Corporation, MinuteHub or MinuteHub.com of common carrier telecommunications services.
MinuteHub is only a wholesale VoIP hub for CUSTOMER to buy Services for its own use or resale. As such, MinuteHub receives CUSTOMER’s voice calls in the form of IP data packets transmitted via the internet (“VoIP”), and routes CUSTOMER’s VoIP packets to the various underlying VoIP suppliers, carriers and vendors connected to MinuteHub.
MinuteHub is not responsible for and has no control over the quality, safety or legality of telecommunications services offered to CUSTOMER, the truth or accuracy of any information provided by CUSTOMER, or the ability of CUSTOMER to purchase Services via MinuteHub. Completion of the purchase of Services offered by MinuteHub is solely the responsibility of the CUSTOMER, and MinuteHub has no control of or responsibility for CUSTOMER’s completion of the purchase. In particular, CUSTOMER’s traffic may be returned to CUSTOMER’s network in case of congestion or other events not under the reasonable control of MinuteHub.
4. MINUTEHUB DOES NOT SUPPORT EMERGENCY CALLS
MinuteHub does not route calls to emergency agencies such as 911. CUSTOMER is solely responsible to handle all of its emergency and government agency calls and route them, accordingly, to the appropriate city, state, or government agencies. MinuteHub and its officers, directors, employees, agents and affiliates will have no liability with respect to its inability to route and complete any of its CUSTOMER emergency calls.
5. PAYMENT TERMS.
CUSTOMER shall pay for all Service charges in advance including, but not limited to toll charges and any other applicable charges.
Unless otherwise expressed in writing and through a separate amended agreement, CUSTOMER is required to pay in advance for all Services using a PayPal Account, a Major Credit Card, or a Bank-Wire. MinuteHub may immediately, upon notice made on the Site or to Customer via email, refuse to process certain credit cards or types of credit cards, or any other type of payment set forth herein. Customer agrees and understands that credit card processing is subject to availability, MinuteHub's sole discretion and approval.
MinuteHub shall use commercially reasonable effort to post Bank Wire payments to Customer’s account once MinuteHub receives notification of the receipt of the wire transfer. Customer agrees and understands that any type of payment made may be delayed in posting to Customer’s account, and that Service may be interrupted due to a lack of sufficient positive balance during any such delay.
Customer agrees to fund its account with a minimum payment of $100.00 USD for Services purchased. Customer agrees that Service will not be provisioned unless and until there are sufficient funds in Customer’s account. Customer further agrees that Service may be suspended or interrupted if there are no sufficient funds in Customer’s account. CUSTOMER agrees that it is it’s ongoing responsibility to fund its account in order to avoid an interruption of Service. MinuteHub and its officers, directors, employees, agents and affiliates will have no liability with respect to any interruption of Service due to CUSTOMER not maintaining sufficient funds in its account.
MinuteHub reserves the right to charge Customer and Customer agrees to pay MinuteHub for any reasonable fees incurred as well as MinuteHub’s administrative expenses associated with credit card processing, wire transfer receipt, refunds, and other bank surcharges, fees, and penalties associated with Customer’s payments or refunds.
MinuteHub reserves the right to charge the current credit card account number (if provided) given by the CUSTOMER ("Credit Card") for all charges accrued for the duration of the Term. If any charges are due but unpaid for any reason, then MinuteHub may terminate the Services and all accrued charges are immediately due plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until MinuteHub receives the payment in full. No termination of the Services or of this Agreement shall relieve CUSTOMER from paying any amounts due hereunder.
Customer agrees and understands that all payments made by Customer to MinuteHub, for Services purchased, are subject to MinuteHub payment review. MinuteHub, at its sole discretion, will review all payments received from Customer and will determine if additional payment requirements, security deposits, or payment restrictions are required. Customer further agrees and understands that any promotion or discount received, for Services purchased, will be adjusted by MinuteHub in the event that additional payment requirements or payment restrictions are required.
6. BILLING TERMS.
Unless otherwise expressed in writing and through a separate amended agreement, Customer agrees to be billed, for Services purchased, on a Pay-As-You-Go basis. CUSTOMER shall access the MinuteHub Control Panel to view relevant and current CDRs and remaining account balance.
7. TOLL CHARGES.
Every CUSTOMER’s VoIP call, which is routed via MinuteHub, that connects and is completed by anyone of MinuteHub’s underlying VoIP suppliers, carriers, or vendors, is subject to the then applicable toll charges ( “Rates per Minute” ) posted on the MinuteHub Site and/or email delivered file attachment. USA and International rates are determined on a per country and/or city specific basis and all rates are as set forth on the MinuteHub site and/or the Site Control Panel and/or email delivered file attachment. One or more rate plans may be provided to CUSTOMER, and each rate plan shall be designated a separate prefix. Use by CUSTOMER of such rate plan prefix shall signify assent to the associated plan rates.
Standard Rate Plan (Prefix -70) VoIP calls to USA domestic and USA mobile destinations/sub-destinations shall be rated based on call durations measured by a six second billing minimum and six second billing increments thereater. Standard Rate Plan ( Prefix - 70) calls to all Canada destinations/sub-destinations shall be rated based on call durations measured by a six second billing minimum and six second billing increments thereafter. Standard Rate Plan (Prefix -70) VoIP calls to all Mexico destinations/sub-destinations shall be rated based on call durations measured by a sixty second billing minimum and sixty second billing increments thereafter. Standard Rate Plan (Prefix-70) VoIP calls to International destinations/sub-destinations shall be rated based on call durations measured by an eighteen second billing minimum and one second billing increments thereafter.
Premium Rate Plan (Prefix -80) VoIP calls to all Canada destinations/sub-destinations shall be rated based on call durations measured by a six second billing minimum and six second billing increments thereafter. Premium Rate Plan (Prefix -80) VoIP calls to all Mexico destinations/sub-destinations shall be rated based on call durations measured by a sixty second billing minimum and sixty second billing increments thereafter. Premium Rate Plan (Prefix-80) VoIP calls to all International destinations/subdestinations shall be rated based on call durations measured by an eighteen second billing minimum and one second billing increments thereafter.
Customer agrees that MinuteHub, at its discretion, may, from time to time on three (3) days written notice by website posting and/or email, introduce additional call duration measurement intervals or change existing call duration measurement intervals pursuant to Section 12 herein above. Regardless of the aforementioned, Customer understands and agrees that it is its ongoing responsibility to check Site for any changes to the posted call duration measurement intervals.
Customer further agrees that "Rates Per Minute" are subject to change. MinuteHub, at its discretion, from time to time, on three (3) days notice by website posting and/or email to Customer, may change rates for each destination offered and post changes ( "Rate Change and Effective Date") on the Site. Regardless of the aforementioned, Customer understands and agrees that it is its ongoing responsibility to check Site for rate changes and applicable effective dates.
All final call calculations, ratings, and completion settlements will (i) be performed to four decimal places ($x.xxxx), (ii) be charged in the United States Dollar Denomination ("USD") (iii) be rounded up (iiii) be made available to the Customer in the Site Control Panel in the form of viewable and downloadable CDRs.
8. REFUNDS AND CANCELLATION POLICY.
If CUSTOMER is dissatisfied with the Service provided by MinuteHub, then CUSTOMER shall have the right to request a refund for the unused balance in CUSTOMER’s account under the following terms and conditions:
a. Customer shall request the refund within ten (10) days of purchase.
b. Customer shall send an email to refunds@minutehub.com and include the reason for the cancellation request as well as the proof of Service failure.
MinuteHub reserves the right to refuse a refund, for any transaction, if Customer cannot prove a Service failure . Customer further agrees and shall allow MinuteHub reasonable amount of time to resolve Service failure prior to Customer's request for a refund. If MinuteHub is not able to resolve Service failure and a refund is authorized by MinuteHub, then MinuteHub will make such refund within thirty (30) days of said refund authorization by MinuteHub. The final approved refund will be minus any applicable administrative fees for processing the refund and any promotions applied.
9. TAXES AND OTHER REGULATORY ASSESSMENTS.
Customer agrees that it is responsible for paying all applicable taxes for Services purchased. The rates posted on the MinuteHub site for Services offered by MinuteHub are final rates, which do not include any sales, use, or excise taxes ( federal, state, or local), or any public utility or other similar taxes. Customer agrees that it will conduct all of its purchases and VoIP transmissions, via MinuteHub, in compliance with all applicable legal and regulatory requirements. In the event CUSTOMER is not qualified to purchase Service without the applicable taxation or surcharge for Service, then CUSTOMER agrees not to use Service. In any event, MinuteHub reserves the right to add to any applicable tax, and/or surcharges to Customer’s purchase and/or request tax waiver documentation when deemed necessary.
10. EXPORT REGULATIONS.
CUSTOMER agrees that both (i) certain equipment, software and technical data which may be provided or utilized in connection with the furnishing of the Service and (ii) the use of such Service may be subject to export, re-export or import controls under the United States Export Administration Regulations or similar regulations of the United States or of any other country.
11. PROHIBITED USES.
Any CUSTOMER use of the Services that causes a disruption in the network integrity of MinuteHub or its vendors, whether directly or indirectly is strictly prohibited and will result in termination of the Services. CUSTOMER understands that neither MinuteHub nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. CUSTOMER agrees that it will not use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network.
12. CHANGES TO THE AGREEMENT AND/OR SERVICES
MinuteHub reserves the right to make changes to the terms and conditions of this Agreement and/or change the Service ("Change of Service"). In the event of a Change of Service, MinuteHub will notify the CUSTOMER at least three (3) days in advance of the date on which the Change of Service is to take effect ("Change Date"). Any Change of Service charges will be applied to the CUSTOMER's account as appropriate, pro rata as calculated from the Change Date. CUSTOMER can, within three (3) days of MinuteHub’s notification, send notice to MinuteHub that the CUSTOMER does not accept the Change of Service, and can terminate this Agreement. In such event, CUSTOMER will be responsible for any sums due hereunder. If the CUSTOMER does not send MinuteHub notification of its desire to terminate this Agreement or uses the Services after the Change Date, the CUSTOMER is deemed to have accepted and consented to the Change of Service. In the event of a rate change, MinuteHub will notify the CUSTOMER via their registered email address at least three (3) days in advance of the date on which the rate Change is to take effect ("Change Date").
13. TERMINATION.
MinuteHub reserves the right, at its sole discretion, to suspend, terminate or change the Services without advance notice for any reason. MinuteHub reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and CUSTOMER agrees that MinuteHub's determination is final and binding on CUSTOMER. In the event Service to CUSTOMER is terminated, MinuteHub may require CUSTOMER to pay a re-activation fee to resume terminated or suspended Services.
14. PRIVACY.
MinuteHub will not sell, rent, or lease Customer's personally identifiable information to others. Unless required by law or CUSTOMER's prior permission is obtained, MinuteHub will only share Customer's data the CUSTOMER provides with other MinuteHub entities and/or business partners who are acting on MinuteHub's behalf to complete the services described herein. However, MinuteHub reserves the right to use Customer's identifiable information to investigate and help prevent potentially unlawful activity by CUSTOMER. Upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, MinuteHub may disclose personally identifiable information.
15. BILLING SUPPORT AND DISPUTES.
MinuteHub shall provide CUSTOMER with billing support, at its sole discretion, and as limited to the Services provided herein. Billing support is rendered, as available, via email: support@minutehub.com . Billing support for any other applications and uses not set forth in this agreement is not provided or implied.
In the event Customer disputes any of the CDRs, charged amounts, or remaining balance posted in the designated Site Control Panel, then Customer must provide MinuteHub written notice of the dispute (including the details thereof) and accompanying documentation to support each claim within ten (10) days of the most recent billing. Written notification must be delivered to the MinuteHub Billing Team via email: support@minutehub.com . The support documentation shall include a written statement of the disputed amount, reasons for disputing such amount, and any applicable CDRs in Comma Delimted Format ( .csv file). Customer agrees and understands that notification of such dispute does not relieve Customer of its obligation to settle any outstanding payments, owed or due, or require an immediate refund for any pre-payment. Both MinuteHub and Customer agree to work in good faith to investigate and resolve all such settlement disputes. Accordingly, MinuteHub will provide Customer a determination no later then twenty (20) business days from the receipt of such notification and support documentation. Unless demonstrated otherwise, MinuteHub’s determination shall be considered final.
16. TECHNICAL SUPPORT.
MinuteHub shall provide CUSTOMER with technical support, at its sole discretion, and as limited to the Services provided herein. Technical support shall be rendered, as available, via email: support@minutehub.com. Technical support for any other applications and uses not set forth in this agreement is not provided or implied.
17. BREACH.
In the event of CUSTOMER's breach of the terms of this Agreement, CUSTOMER shall reimburse MinuteHub for all attorney, court, collection and other costs incurred by MinuteHub in the enforcement of MinuteHub's rights hereunder and MinuteHub may keep any deposits or other payments made by CUSTOMER.
18. INDEMNIFICATION.
Without limiting the Agreement, CUSTOMER hereby agrees to indemnify, defend and hold harmless MinuteHub, its Affiliates, and their respective directors, officers, employees and agents against any third party claim, loss or damage arising from the use of the Services.
Without limiting the Agreement, MinuteHub shall not be liable for any loss of revenue or profit by CUSTOMER for any loss or damage arising out of this Agreement or out of the use of the Services provided under this Agreement by any person, whether arising in contract, tort (including, without limitation, negligence or strict liability) or otherwise and whether or not informed of the possibility of such damages in advance.
Without limiting the Agreement, MinuteHub shall not be liable for any loss or damage sustained by CUSTOMER or any third party by reason of defects or malfunctions in the Site or Services provided by MinuteHub, or by reason of errors made by MinuteHub in connection with the Services.
19. LIMITATION OF LIABLITY.
In no event shall MinuteHub or its vendors be liable for any damages, including but not limited to loss of data or loss of revenue or profits arising out of, or in connection with, the use or inability to use the Service whether due to a breach of contract, breach of warranty, the negligence of MinuteHub or its vendors or otherwise. Neither MinuteHub nor its vendors will be liable for unauthorized access or alteration, theft or destruction of CUSTOMER's data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of MinuteHub's or its vendor's negligence.
Customer agrees that it will be fully liable for all damages resulting directly or indirectly from use of the Site or MinuteHub Services.
20. WARRANTY DISCLAIMER.
Notwithstanding any provisions herein to the contrary, MinuteHub provides the www.minutehub.com website and MinuteHub Services “AS IS” and “AS AVAILABLE” AND MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICLUAR PURPOSE, with regard to the capacity, availability, reliability or other characteristics of MinuteHub, the www.minutehub.com website or any Service offered by MinuteHub.
Customer agrees that MinuteHub’s obligations are subject to, and it shall not be responsible for any delays failure to perform or operation of www.minutehub.com where such delay or failure is the result of fire, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, acts of war, terrorism, acts of God, governmental actions, including but not limited to changes in regulations, tariffs, or rates, which make it impossible or impractical for MinuteHub to provide the Services offered by MinuteHub or to fulfill the obligations contemplated herein.
21. CONFIDENTIALITY
For the entire term of this Agreement and for a period of one (1) year after its termination, Customer shall maintain the confidentiality of all information or data, of any nature provided to it by MinuteHub, that contains a conspicuous marking identifying it as "Confidential" or "Proprietary" (the "Information"). MinuteHub shall use the same efforts (but in no case less than reasonable efforts) to protect information it receives from Customer as it accords to its own confidential and proprietary information. The above requirements shall not apply to information, which is already in the possession of MinuteHub and Customer. This Agreement shall not prevent any disclosure of information pursuant to applicable law or regulation, provided that prior to making such disclosure, both MinuteHub and Customer shall use reasonable efforts to notify each other of the required disclosure.
22. INTELLECTUAL PROPERTY
The materials displayed on or contained within the Site including, without limitation, all Site software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the "Materials"), are the property of Pactel Corporation or its licensors and are protected by copyright, trademark and other intellectual property laws.
MinuteHub and the MinuteHub.com name, design and related marks are trademarks of Pactel Corporation © 2008. All rights reserved.
Pactel Corporation hereby grants Customer a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for noncommercial and personal use only; provided that Customer maintains all copyright and other notices contained in such Materials. Customer agrees not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third part website) without express prior written consent of Pactel Corporation. Use of Materials is only permitted with the express written permission of Pactel Corporation. Customer further agrees that it will not disassemble, decompile, reverse engineer or otherwise modify the Materials.
Customer agrees that this Section will survive the termination of Customer’s right to use this Site.
23. DISPUTE RESOLUTION
Customer agrees that all claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) the Terms and Conditions set forth herein this Agreement; (b) this Site; (c) any advertisement or promotion relating to these Terms and Conditions of Use or this Site; or (d) transactions effectuated through this Site, or (e) the relationship which results from these Terms and Conditions of Use (including relationships with third parties who are not party to these Terms and Conditions of Use) (collectively "Claims"), will be referred to and determined by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer-related disputes, or under other mutually agreed procedures. Because this method of dispute resolution is personal and individual and provides the exclusive method for resolving such disputes, Customer further agrees, to the extent permitted by applicable laws, to waive any right Customer may have to commence or participate in any class action or class-wide arbitration against Pactel Corporation related to any Claim.
24. NOTICES.
MinuteHub shall communicate with CUSTOMER primarily via email. Notices to CUSTOMER shall be sent to the email address specified by the CUSTOMER at the time of registration for the Services or as subsequently specified by the CUSTOMER ("Email Address"). CUSTOMER is responsible for notifying MinuteHub of any Email Address changes. CUSTOMER agrees that sending a message to the Email Address is the agreed upon means of providing notification. The Email Address is used to communicate important information about the Services, billing, rate changes and other information. The information is time-sensitive in nature. It is required that the CUSTOMER read any email sent to the Email Address in a timely manner in order to avoid any potential interruptions in the Services.
25. TERM OF AGREEMENT.
The term of this Agreement ("Term") begins on the date that MinuteHub initiates the Services and continues for the duration of the service period. At the end of the current Term, the Term is automatically renewed under the same terms and conditions for a like term as the Term just ending unless the CUSTOMER provides MinuteHub, prior to the end of the current Term, notification of intention to terminate the service. The CUSTOMER agrees to pay for the Services for the duration of the Term. Expiration of the Term does not alleviate the CUSTOMER of responsibility for paying all unpaid, accrued charges due hereunder. If the CUSTOMER chooses to terminate the service before the end of the current Term, the CUSTOMER will be immediately responsible for paying all fees otherwise due for the duration of the Term.
26. WAIVER OR AMENDMENT TO TERMS AND CONDITIONS.
No waiver or amendment to this agreement or these terms and conditions shall be binding unless made in writing expressly stating that it is such a waiver or amendment and signed by an authorized representative of MinuteHub.
27. FORCE MAJEURE.
MinuteHub shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of MinuteHub as may occur in spite of MinuteHub.com's best efforts.
28. GOVERNING LAW.
This agreement is governed by the laws of the Los Angeles County and the State of California.
29. MISCELLANEOUS
Any section or any other provision of this Agreement which is or becomes illegal, Invalid or unenforceable shall be severed herefrom and shall be ineffective to the extent of such illegality, invalidity or unenforceability and shall not affect or impair the remaining provisions hereof, which provisions shall remain in full force and effect.
Descriptive headings in this Agreement are for convenience only and shall not affect the construction of this Agreement.
Failure of either MinuteHub or Customer to insist on performance of any term of condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.
The relationship between MinuteHub and Customer shall be that of independent contractors, and nothing herein contained shall be deemed to constitute a partnership or joint venture between them or a merger of their assets or their liabilities or undertakings. Neither MinuteHub or Customer shall have the right to bind the other , except as expressly provided
for herein.
This Agreement represents the entire understanding between MinuteHub and Customer in relation to the matters herein and supersedes all previous agreements whether oral or written made between MinuteHub and Customer in relation to the subject matter thereof.
30. ENTIRE AGREEMENT.
These terms and conditions constitute the entire agreement with regards to this sale. This agreement shall be binding upon the heirs, successors, and assigns of the parties hereto.
