Bigfoot MIA (My Instant Assistant) Terms and Conditions

This Agreement is between Bigfoot Global Solutions, Ltd. (BVI company) ("Bigfoot") and you ("you" or "Customer"), as a user of Bigfoot MIA (the "Service"), and governs the terms and conditions of your use of the Service. This Agreement, together with any operating rules, policies, price schedules, including the Terms and Conditions of Use for the Bigfoot MIA website, or other supplemental documents expressly incorporated herein by reference and published from time to time by Bigfoot (collectively, the "Agreement"), constitutes the entire agreement between Bigfoot and you regarding the Service, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. By using the Service, you confirm your acceptance of, and agree to be bound by, this Agreement.

1. Description of Service

Bigfoot offers the Bigfoot MIA at its Website www.bigfootmia.com. The Bigfoot MIA provides virtual personal receptionist service for individual and corporate users. The Service’s functions/capabilities include but are not limited to receiving , screening and patching calls in behalf of the Customer, as well as taking and relaying messages and forwarding calls according to the costumers’ specification. The Service’s live agent answering service hours are between 0900 and 2100 EST from Monday to Friday and includes a free 800-toll-free number. Use of the Service is governed by this Agreement and the Bigfoot Privacy Policy.

2. Customer Responsibilities

A. In consideration of use of the Service, you agree to: (i) provide true, accurate, current and complete information as prompted by the Service's sign up form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bigfoot has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bigfoot has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

B. You are fully and solely responsible for the contents of your audio or voice transmissions through the Service. Bigfoot has no control over the content of any transmission or the destination such transmission will be sent nor will it be liable for such content. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Bigfoot reserves the right to take any action necessary or appropriate in its sole discretion if it believes your use of the Service may create liability for Bigfoot, compromise or disrupt the Service, or jeopardize Bigfoot's relationships with third party providers or suppliers. Furthermore, you agree: (i) to comply with all applicable local and foreign laws relating to the Service; (ii) not to use the Service for illegal purposes; (iii) not to interfere or disrupt networks connected to the Service; (iv) to comply with all regulations, policies and procedures of networks connected to the Service; (v) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (vi) not to use the Service to create, distribute or transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature, nor use the Services for any activity that may be considered or are unethical, immoral, or illegal; (vii) not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Further, you shall not interfere with another Customer's use and enjoyment of the Service or another entity's use and enjoyment of a similar service.

C. You must (i) obtain and pay for all equipment and third-party services (e.g., Internet access, telephone connection and email service) required for you to access and use the Service; and (ii) maintain the security of all confidential information relating to your account with Bigfoot.

D. You shall be responsible for all charges resulting from your use of your use of the Service. In the event of any unauthorized use of your account or unauthorized charges, you must notify Bigfoot and you will be responsible for such unauthorized use or charges until you notify Bigfoot. You must also adopt any steps necessary to prevent its further unauthorized use of your account or unauthorized charges.

3. Charges, Billing and Payment

A. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement. You are responsible for paying all charges to your account for Service, including but not limited to, the monthly reccurring charge, transfer and long distance charges and for all taxes and surcharges imposed on you or us as a result of your use of the Service. You are charged on the inbound live agent minutes only, except that call transfer, forwarding, outbound and international calls are charged separately when available. The Service’s billing system is setup for credit card payments only and if the payment is not received by Bigfoot from the card issuer, you agree to pay all amounts due upon demand by Bigfoot. All charges are payable in United States currency and are exclusive of value added ("VAT"), sales or other taxes, except as required by law. Bigfoot reserves the right to modify its prices, charges or fees, provided that any changes shall be posted on the Site. You are therefore responsible reviewing regularly the Site for information regarding fees and charges as Well as changes to pricing. Continued use of or non-termination of the Service shall be deemed to be acceptance of any posted changes in the prices for your use of the Service.

B. Monthly Reccurring charge and service charges are prepaid on a Monthly basis and monthly in arrears for additional minutes incurred by you for using the Service . The monthly recurring charge is billed on the same day that you set up the account. Excessive additional minute usage is subject to review by Bigfoot and at its sole discretion reserves the right to place limitations on additional minute usage. Bigfoot will calculate usage charges using data Bigfoot MIA has recorded.

C. If you are utilizing the Service under any special promotion, you will be immediately charged for any applicable service fees or charges, without further authorization from you and absent notification from you of your desire to terminate or cancel your account or the service, upon the expiration of any free trial period, or shall be charged any applicable additional fees upon expiration of any promotion.

D. Bigfoot may terminate or suspend your use of the Service without notice in the event of any failure to pay any fees or charges for the such service, upon rejection by your credit card issuer of any charges or in the event the card issuer or its agents seeks reimbursement for payments previously made to Bigfoot and as to which Bigfoot believes such payments were proper. In addition, Bigfoot has the right to seek any other fees, damages, expenses or the like arising from your failure to pay Bigfoot for use of the Services or any other service offered by Bigfoot (the "Bigfoot Services"), including, but not limited to, fees charged to Bigfoot by any credit card issuer or its agent as a penalty for reversing any payment (i.e., a charge back fee) as well as collection fees and expenses, court costs, and attorney's fees. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Bigfoot.

E. You must promptly notify Bigfoot in the event of any changes to your account or billing information or in the event your charge card or debit card is canceled for any reason.

F. You expressly agree that all charges for payment of the Service or any other Bigfoot Service are final and non-refundable. You are responsible for all charges resulting from your use of the Service or any other Bigfoot Service. Once you sign up for the Service or any other Bigfoot Service and provide a form of payment, Bigfoot will not provide you a refund for any charge made on your credit card. If you believe that you have been improperly charged for the Service (or any Bigfoot Service), you must notify Bigfoot within 5 days of any invoice or credit card statement, provide Bigfoot any information necessary to review the claim, and Bigfoot will attempt to resolve the claim in a timely manner.

G. BIGFOOT DOESES NOT CONDONE FRAUD: In the event of any unauthorized use of your account or unauthorized credit card charges, you must notify Bigfoot, and you will be responsible for such unauthorized use or charges until you notify Bigfoot. You must also adopt any steps necessary to prevent its further unauthorized use of your account or unauthorized charges.

4. Termination

You agree that Bigfoot, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service (or any part thereof) and remove and discard any messages within the Service, for any reason, including but not limited to (a) if Bigfoot believes that you have violated or acted inconsistently with the TOS, (b) if you provide incomplete, inaccurate or untrue information, or (c) if Bigfoot decides to discontinue offering the Service.

You may terminate the Service with or without cause at any time providing that you submit a written notice of termination that must be received at the address below 30 days prior to the next billing cycle. In the event you choose to terminate your account, you shall remain responsible for charges or fees incurred by use of the Service prior to such termination, and you shall not have a right to a refund of any prepaid fees, services fees or other charges. Upon termination, you will have no right to use the Service and Bigfoot will have no obligation to forward any unsent, unread, or stored messages to you or any third party. You agree that following the termination of Service for any reason whatsoever. Your telephone number may be re-assigned immediately to another Customer of the Service. You also agree that upon termination of Service for any reason whatsoever, your stored messages or files may be deleted permanently. Furthermore, upon termination, Bigfoot will have no obligation to inform anyone dialing your telephone number assigned prior to termination about the termination or any other information relating to your termination of the Service. Bigfoot reserves the right to refuse the Service to any whose Service was terminated by Bigfoot or who previously terminated the Service for whatever reason.

5. Customer Representations.

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Service (as Well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

6. Modifications to Customer Agreement.

Bigfoot may automatically amend this Agreement (including the Privacy Policy and the Terms and Conditions of the Site) at any time by (a) posting a revised Agreement on the Site, and/or (b) sending information regarding the amendment to the email address you provide to Bigfoot. You are responsible for regularly reviewing the Site to obtain notice of any amendments, and you shall be deemed to have accepted such amendments by continuing to use the Service after such amendments have been posted or information regarding such amendments has been sent to you.

7. Modifications to Services.

Bigfoot reserves the right to modify or discontinue any of the Service with or without notice to you. Bigfoot shall not be liable to you or any third party should Bigfoot exercise its right to modify or discontinue the Service.

8. Disclaimer of Warranties and Limitation of Liability.

THE SERVICES ARE PROVIDED "AS IS." BIGOOT MAKES NO WARRANTIES REGARDING THE SERVICE WHATSOEVER AND EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BIGFOOT DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. IF YOU RELY ON THE REPRESENTATIONS OR WARRANTIES OF ANY THIRD PERSONS WITH RESPECT TO THE SERVICES (INCLUDING WITHOUT LIMITATION BY DEALERS OR RESELLERS OF THE SERVICES) BEYOND THOSE MADE BY BIGFOOT, YOUR SOLE REMEDY FOR SUCH RELIANCE IS AGAINST THE THIRD PERSON MAKING SUCH REPRESENTATION OR WARRANTY.

LIMITATION OF LIABILITY. BIGFOOT SHALL NOT BE LIABLE FOR NONPERFORMANCE OR A FAILURE OF THE SERVICE CAUSED BY ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION, TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. BIGFOOT ASSUMES NO LIABILITY FOR SERVICE OUTAGES OR FOR FAILURE TO STORE, DELIVER OR TIMELY DELIVER ANY INFORMATION, MESSAGES OR CONTENT OR FOR THE FAILURE OF THE SERVICE TO BE AVAILABLE OR PROPERLY OPERATING AT ANY TIME. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD GIVING RISE TO SUCH LIABILITY. BIGFOOT SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECULATIVE OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS, EVEN IF BIGFOOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILTY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, RELIANCE ON THE SERVICE, INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE. BIGFOOT SHALL NOT BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICE, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICE.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BIGFOOT COMMUNICATIONS LIMITED AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS' FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM (A) YOUR USE OF THE SERVICE, (B) ANY OTHER PERSON'S USE OF ANY ACCOUNT OR PIN YOU MAINTAIN, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY YOU, OR (C) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF BIGFOOT OR ITS EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES.

THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

9. Ownership; No Resale.

All telephone numbers, services, designs, technologies, trademarks, trade names, inventions and materials comprising the Service are owned by Bigfoot and/or its licensors and service providers except where expressly stated otherwise. Your right to use the Services is personal to you, and you are prohibited from reselling the use of the Services.

10. Indemnification.

You agree to indemnify Bigfoot, its directors, officers, employees and agents from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon your use of the Service, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations prohibiting transmission of unsolicited faxes.

11. Force Majeure

Bigfoot will not be liable if Bigfoot cannot provide the Service due to any event which is outside reasonable control, such as fire, lightning, flood, exceptionally severe weather, explosion, war, civil disorder, industrial disputes, fuel or power supply failures or shortages, acts of government or other public authorities.

12. Governing Law; Jurisdiction.

The laws of Hong Kong, Special Administrative Region, excluding its conflicts-of-law rules, shall govern all matters relating to this Agreement and use of the Site, the Service (and the other Bigfoot Services). Any dispute arising under or relating to this Agreement or the Service shall be submitted to the exclusive jurisdiction of the courts of Hong Kong, SAR. The prevailing party in any litigation, claim or proceeding shall be awarded costs and expenses (including without limitation reasonable attorney's fees).

13. Miscellaneous.

If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. The failure of Bigfoot to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement may not be amended except as provided in Section 6. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void.