Terms Of Service
1. This contract is non cancelable and contains the client’s full understanding.
2. Tava Corporation is not responsible for any loss or damage arising from this contract.
3. Tava Corporation only guarantees description of the service contained herein and the client agrees to hold Tava Corporation harmless of all other liabilities that may be incurred
4. Full payment is due upon signing of this contract.
5. Tava Corporation reserves the right to decline sending any fax or voice message it deems not appropriate.
6. A late payment fee of 5% per month will be added to the balance.
A. Agreement Scope
This Agreement is entered into between Tava Corporation, (“Tava Corporation”) and you (the “Customer” or “User”), and covers the terms and conditions of your use of Tava Corporation Services (“Services”). The Services that Tava Corporation provides to you are subject to the following Terms and Conditions (“Terms”). Tava Corporation may revise the Terms at any time by posting revised Terms on the Tava Corporation web site (“Site”).
You are responsible for regularly reviewing the Site to receive an update of the Terms. You shall be deemed to have accepted these updates by continued use of the Services after the changes have been posted.
You also agree to the Customer Invoice Agreement in addition to the Terms here in.
B. Services Description
On its Site, Tava Corporation provides you with access to a variety of fax, voice, email, call center and messaging services. “Services” are defined as any and all services provided by Tava Corporation to you either now or in the future. The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these Terms.
C. Use of Services / Customer Responsibilities
By using the Site and our Services, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree with these Terms, you will not be granted permission to log into this Site and/or utilize our Services. By accepting these Terms, you acknowledge that you agree to do the following: represent and warrant that the information provided by you in the Account Set-up is true and correct in all respects and that you will promptly update such information if it changes; and that you have agreed to pay all charges to your account that you incur as a result of use of the Services through your account.
You represent and warrant that you are at least 18 years of age. You attest that you possess the legal right and ability to enter into this Agreement. If you are representing a corporation you warrant that you have the authority to bind the corporation. You agree to be financially responsible for your use of Tava Corporation Services ( as well as for use of your account by others, including minors) and to comply with your responsibilities and obligations as stated in these Terms.
You must acquire and pay for all equipment and third-party services (such as but not limited to telephone and computer equipment) required for you to access and use the Services; maintain the security of your password and other confidential information relating to your account; and be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying Tava Corporation of such use and taking steps to prevent its further occurrence.
D. Data Storage and Protection
While your account is active, Tava Corporation will store messages customer information sent and received through your Tava Corporation account, for a period of approximately six months, in each case measured from the date of receipt of such message. Tava Corporation shall maintain administrative, technical and physical safeguards to protect the security, confidentiality and integrity of Customer information in its possession. Customer acknowledges that Tava Corporation may change its practices and limitations concerning storage of messages, at any time and that notification of any such changes may not be posted. Customer further agrees that this feature is provided as a convenience to Customer only and Tava Corporation has no responsibility or liability whatsoever for the deletion, loss, disclosure of, or failure to store, any messages and/or other communications maintained or transmitted by the Services.
E. The Internet
Customer acknowledges and agrees that the predictability of the Internet is such that Tava Corporation cannot and does not guarantee access to the Site or its Services. Tava Corporation may, from time to time, temporarily suspend your access without any prior notice to you. Moreover, you understand and agree that Tava Corporation will not be liable for any direct, indirect, incidental, special or consequential damages relating to any pranks, hoaxes, viruses, bugs or any other form of technological failure, natural disaster or security breach that may prevent or interrupt access to or use of the Site, or cause information or communications transmitted through Tava Corporation’s accounts to be publicly disseminated or otherwise misdirected, or for any other mistake, omission, deletion of information or communications or error.
F. Account, Password and Security
To open an account you must complete the sign-up process by providing us with current, complete and accurate information as requested on the Account Set-up Form. You agree to notify Tava Corporation promptly of any changes to this information as required to keep it current, complete and accurate. You will also be assigned a user name and password. Please remember that your user name and password are unique to you and should not be communicated to any other person. By accepting this Agreement, you represent and affirm to Tava Corporation that you will not communicate your user name and/or password to any unauthorized user. You agree to assume sole responsibility for all harm resulting from the use of the user name and password by anyone other than yourself.
You agree to notify Tava Corporation immediately of any unauthorized use of your account or any other breach of security. Tava Corporation will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Tava Corporation or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
G. Prohibited or Unlawful Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Tava Corporation server, or the network(s) connected to any Tava Corporation server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Tava Corporation server or to any of the Services, through password mining, hacking or any other means. You will not use or register the name Tava Corporation or any other trade name or trade mark of Tava Corporation without express, prior permission, and you will not obstruct the identification procedures used by Tava Corporation in the Services.
You represent that the information submitted for transmission through the Tava Corporation network for Tava Corporation Services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state, or local laws and regulations including, without limitation, the provisions of the Telephone Consumer Protection Act of 1991 and the Junk Fax Prevention Act of 2005 which generally prohibit the sending of unsolicited facsimile advertisements. You will not encourage or participate in conduct that would amount to a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law or regulation. You agree to comply with all applicable laws, regulations, or conventions including those related to Do Not Call provisions, faxing, voice broadcasting, telemarketing, email marketing, anti-spam, anti-phishing, data privacy, international communications, and export of technical or personal data. You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright owner. You should consult with an attorney regarding these laws and regulations. Customer agrees to indemnify and hold Tava Corporation harmless for any claims, damages, costs and expenses that Tava Corporation incurs due to protecting and enforcing its rights, including, without limitation attorney’s fees incurred to protect and enforce its rights, including, without limitation attorney’s fee incurred due to alleged violation of the above laws or regulations by Customer. In such an event, Tava Corporation shall be defended by attorneys of their choice and at Customer’s expense.
You are fully responsible for the content of your transmissions through the Services and agree and acknowledge that you are the creator of all content, and that Tava Corporation is not the creator, author or publisher of any content and Tava Corporation does not review your content or rent or sell data or lists of any kind. Tava Corporation simply acts as a medium for you to send and receive information of your own choosing.
Tava Corporation prohibits the use of the Services or web sites by any person or entity that, encourages, promotes, provides, sells or offers to sell products or content relating to illegal or fraudulent activities (or services related to the same) including but not limited to: illegal drugs; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons; material that exploits children, encourages violence, spam, obscenity; and similar activities. This is not a complete list, and Tava Corporation, in its sole discretion, may determine whether your use is prohibited and its determination shall be final, binding and irrefutable for all purposes under this Agreement. Tava Corporation will terminate your use of its Services if Tava Corporation determines such prohibited content or use is in violation of this Agreement. Any information stored on the Tava Corporation servers that is deemed to be unlawful or an infringement of this Agreement or legal and regulatory requirements may be deleted at any time by Tava Corporation without notice. Tava Corporation reserves the right to remove any image which violates this Agreement without notice to you. Furthermore, Tava Corporation does not assume liability for claims concerning unsolicited fax, email or voice messages sent by you or others under your account, including (but not limited to) Telephone Consumer Protection Act of 1991, FTC regulations, Junk Fax Prevention Act of 2005 and the Can-Spam Act of 2003.
Tava Corporation reserves the right at all times to disclose any information as Tava Corporation deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Tava Corporation reserves the right but is not obligated to review the content of any of your messages for compliance with these terms and other legal requirements upon receipt of a complaint. Tava Corporation further reserves the right to take any other action with respect to the Services that Tava Corporation deems necessary or appropriate in its sole discretion if Tava Corporation believes you or your information may create liability for Tava Corporation or others, compromise or disrupt the Services for you or other Customers, or cause Tava Corporation to lose (in whole or in part) the services of Tava Corporation internet service providers (ISP) or other suppliers.
You agree to indemnify and hold Tava Corporation and its agents harmless from any and all direct, indirect or consequential claims, losses, damages, judgments, expenses and costs (including any attorney’s fees and expenses) arising out of your use of the Services, your violation of the terms of this Agreement, and the delivery of any of your messages and documents using the Services, or the infringement of any trademark or copyright by you.
H. Limitation of Liability and Disclaimer of Warranties
The Services are provided “as is” and there are no warranties, representations or conditions of any kind, express or implied, oral or written, arising by common law, the operation of law, course of dealing, dealings of trade or otherwise with respect to any other product or services, documentation or service in connection with or provided here. You are responsible for complying with all state and federal laws in relation to the broadcast services you are purchasing. Tava Corporation does not guarantee the continued availability of the Service or any assumed guarantee or state of sale, acceptable quality, permanence or appropriate application for a specific purpose. No information included in but not limited to marketing statements or materials will be considered a warranty or representation and should not be relied upon and is not obligated by Tava Corporation.
Tava Corporation is not responsible in any way for communications or difficulties outside of Tava Corporation’s control.
The aggregate or maximum liability of Tava Corporation, whether civil offense (including negligence), breach of contract, violation of law (including fundamental breach or failure of an essential purpose), misrepresentation or otherwise in respect of a single occurrence or a series of occurrences, shall in no circumstances exceed the amounts paid by Customer to Tava Corporation with respect to the Service provided in the claim. In no way shall Tava Corporation be liable for any damages caused to the Customer or any third party even if Tava Corporation has been advised of foreseeable possible damages.
I. Unsolicited Marketing
The transmission of unsolicited telemarketing phone calls, faxes and email is regulated in the United States under the Sales Rule, the Federal Telephone Consumer Protection Act, Junk Fax Prevention Act and the CAN-SPAM Act. Unsolicited marketing in violation of such laws through the Services is prohibited and a violation of this Agreement. If you are receiving unsolicited fax advertisements and if the fax contains a telephone number, fax number, or other contact information to “unsubscribe” from receipt of additional junk faxes, please contact them. These opt-out mechanisms are required to be offered to the receiver in accordance to the Telephone Consumer Protection Act of 1991.
J. Third Party Rights
This Agreement has been made solely for the benefit of Tava Corporation and the Customer, and their particular successors and allowed assigns. Nothing in this Agreement is intended to bestow any rights/remedies under or by reason of this Agreement on any third party.
K. Duration of Purchase
Your purchase of call center hours, broadcast minutes, time, or transmission services, or any other pre-paid service that has been purchased, will have an expiry of exactly 12 months from the purchase date.
L. Recording of Calls
All inbound and outbound phone calls will be recorded for dispute resolution, and quality control purposes. All recordings will be deleted in 30 days.
M. Governing Law and Jurisdiction
You agree that these Terms shall be governed by and construed in accordance with the laws of the province of Ontario and you hereby consent to the jurisdiction of such province and agree that all disputes shall be tried in San Diego, California, United States. You also agree to personal jurisdiction in such courts and expressly agree not to contest location or authority in such courts.
Tava Corporation reserves the right to suspend or terminate services if Tava Corporation, in its own discretion, believes that the Service is used for a purpose that is unlawful or prohibited by these terms, conditions, and notices.
Tava Corporation shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. Any termination of your account shall not relieve you from any amounts owing or any other liability accruing under this Agreement prior to the time that such termination becomes effective.
If any provision or portion of this Agreement shall be held invalid under any relevant laws, such invalidity shall not affect any other provision of this Agreement.
P. Change of Service
Should the Client’s service level requirements or volumes change, warranting adjustments to the allocations of Tava Corporation facilities, management or resources to the Client’s program, Tava Corporation will review such changes with the Client and revisions will be set and agreed upon by both parties in writing prior to their implementation. If additional costs are incurred above those estimated at the start of the campaign, such costs shall be billed to and paid by the Client during the next billing period. There is always a minimum of 48 hours notice required before any campaigns can be modified, suspended, stopped, cancelled, re-arranged, augmented or reduced, meanwhile existing charges will apply.
This Agreement constitutes the sole Agreement between you and Tava Corporation relating to your use of this Site, the Services and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either party. No waiver of any right under this Agreement by Tava Corporation will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. Tava Corporation reserves the right to assign, transfer or delegate any rights and/or obligations hereunder, in part or in whole, without your prior consent. You may not assign, transfer or delegate your rights or obligations stated here, in whole or in part, without Tava Corporation’s prior written consent. This Agreement shall be binding upon each party to this Agreement and to their respective successors and permitted assigns. Any action or claim against Tava Corporation must be brought within one (1) year following the date on which the claim first amassed or shall be deemed forever waived. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in any judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.