PLEASE READ CAREFULLY PRIOR TO USING ZAP JAB’S SERVICES.
Introduction: (“Zap Jab”) provides certain web based services (“the Services”). Any user who wishes to use the Services (“Customer”) agrees to be bound by these terms and conditions of use (“Terms and Conditions”), Zap Jab acceptable use policy (“Acceptable Use Policy”), and other policies, all of which are subject to change from time to time. If you do not agree to the Terms and Conditions, Acceptable Use Policy or other policies, including future revisions, you may not use these Services, and if you are a current Customer you must terminate your use of the Services immediately. Any future revisions to these Terms and Conditions, Acceptable Use Policy, or other policies will be posted on Zap Jab’s website.
When You Accept The Terms and Conditions for ANY of the Services we provide: You must have the legal capacity to accept the Terms and Conditions. You accept the Terms and Conditions when you do any of the following: (a) sign a contract with us on paper or electronically; (b) accept Agreement through an oral or electronic statement; (c) attempt to or in any way use the Services; (d) pay for the Services; or (e) open any package or start any program that says you are accepting the Agreement when doing so. If you don’t want to accept the Agreement, don’t do any of these things.
Equipment and Services: Customer must be at least 18 years old. Customer shall be responsible for obtaining and maintaining any equipment needed to access, connect to, or use the Services. Services provided by Zap Jab are for the sole use of the Customer and not resale of any kind without prior written consent of Zap Jab which may be given at Zap Jab’s sole discretion. In the event the Customer attempts to resell the Services, Zap Jab may, at its sole discretion, increase the fees associated with Services, or terminate the Services.
Unless we specifically tell you otherwise, Data Size is measured in bytes, kilobytes, megabytes, and gigabytes. 1024 bytes equals 1 kilobyte, and 1024 kilobyte equals 1 megabyte, and 1024 megabytes equals 1 gigabyte. Rounding occurs at the end of each billing cycle, and sometimes at anytime during the Services are used, depending on limitations of the Services. Depending on your Services, usage may be charged against an allowance or on a fixed price per Data Size. If you are charged on a fixed price per Data Size, any fractional cents will be rounded up to the next cent. You are charged for all use of the Services, including data usage you did not initiate. We reserve the right to deny or terminate service without notice for any misuse or any use that adversely affects network performance. Availability of Services is subject to change. If user is not subscribed to a plan or add-on, pay-as-you go charges are incurred when using Services.
Overage, Other Fees: WHEN USING THE SERVICES THE CUSTOMER IS RESPONSIBLE FOR PAYING ANY OVERAGES, OR OTHER CHARGES INCURRED DURING THE USE OF THIS SERVICE. YOU AGREE TO PAY FOR ANY USAGE OF THE SERVICES THAT EXCEED YOUR BASE RATES IN ADDITION TO THE BASE RATE.
Taxes & Government Fees: You agree to pay all federal, state and local taxes, fees and other assessments that we’re required by law to collect and remit to the government on the Services we provide to you. These charges may change from time to time without advance notice and are non-negotiable.
Activation & Miscellaneous Charges: Based on our Policies and upon prior notice, we may charge activation, prepayment, reactivation, program or other fees to establish or maintain Services. Certain transactions may also be subject to a charge. You will be provided notice of these types of fees before we complete the requested transaction.
Our Right To Suspend Or Terminate Services: We can, without notice, suspend or terminate any Service at any time for any reason, including, but not limited to: (a) late payment; (b) harassing/threatening our employees or agents; (c) providing false information; (d) interfering with our operations; (e) using/suspicion of using Services in any manner restricted by or inconsistent with the Terms of Service; (f) breaching the Terms of Service, including our Policies; (g) providing false, inaccurate, dated or unverifiable identification or credit information, or becoming insolvent or bankrupt; (h) modifying a Device from its manufacturer specifications; or (i) if we believe the action protects our interests, any customer’s interests or our network.
Billing: Customer agrees to pay all charges to Customer’s account, including applicable taxes and charges to recover taxes paid, in accordance with billing terms in effect at the time the fee or charge becomes payable. Customer agrees to provide us with accurate and complete billing information, including Customer’s legal name, address telephone number and credit card or checking account information. Customer agrees to report to us all changes to this information within thirty (30) days of any change, including any change in the expiration date of Customer’s credit card. The recurring monthly fee is due and payable in advance of the first day of each monthly billing period for which the Customer has purchased Services, with the first payment due and payable on the activation date of the Services. Customer agrees to pay a fee for processing unpaid checks or rejected credit cards. Monthly fees are non refundable. The initial payment may include non-recurring installation charges including, but not limited to, setup and installation fees. Delinquent accounts are subject to immediate termination or suspension of Services at the sole discretion of Zap Jab. If payment is not received by Zap Jab within five (5) days from the date payment is due, a Customer’s account is considered delinquent and Customer will be subject to a late payment fee of 1.5% per month on the outstanding balance on Customer’s account or $2 dollars, whichever is greater (not to exceed the maximum rate permitted by law). Customer is also responsible for all attorney and collection fees arising from Zap Jab’s efforts to collect any unpaid balance.
Intended Use and Monitoring of the Services: Customer agrees not to use the Services in a manner prohibited by any federal or state law or regulation. While Zap Jab is under no obligation to monitor the Services, we may do so from time to time and we may disclose information regarding Customer’s use of the Services for any reason and in its sole discretion in order to satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver the Services in an effective manner. Zap Jab may immediately remove from it’s servers any materials or information in whole or in part, which Zap Jab, in it’s sole and absolute discretion, determine to infringe another’s proprietary rights or to violate Zap Jab’s Acceptable Use Policy.
IP Address: IP addresses are not portable and are not assigned for independent administration or distribution. Customer understands that IP assignments are not guaranteed, and may be modified as required by Zap Jab and/or our Affiliates.
Termination of Service: You can terminate Services at any time by calling us and requesting that we deactivate all Services. You are responsible for all charges billed or incurred prior to deactivation. If Services are terminated before the end of your invoicing cycle, we won’t prorate charges to the date of termination and you won’t receive a credit or refund for any unused Services. Except as provided above, you must also pay us an Early Termination Fee for each line of Service that you terminate early unless you are on a month to month payment plan. To cancel service at any time during any successive term you must provide us with not less than (30) days written notice to Zap Jab. Termination notice must be sent to: Zap Jab, 7320 Reseda Blvd. 371711, Reseda, CA 91337 or you may call Zap Jab at (844) 492-7522.
DISCLAIMER OF WARRANTIES: THE SERVICES, WEBSITE HOSTING, EMAIL HOSTING, CLOUD HOSTING, APP HOSTING, CLOUD COMMUNICATIONS, IS PROVIDED ON AN “AS IS ” AND “AS AVAILABLE” BASIS. ZAP JAB MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICES OR ANY MERCHANDISE, AND INFORMATION OR SERVICES PROVIDED BY THE INTERNET GENERALLY. THE INTERNET CONTAINS UNEDITED MATERIALS WHICH MAY BE SEXUALLY EXPLICIT, OR MAY BE OFFENSIVE TO THE CUSTOMER OR OTHERS ACCESSING THE SERVICES. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT ZAP JAB EXERCISES NO CONTROL OVER THE NATURE, CONTENT, OR RELIABILITY OF THE INFORMATION AND/OR DATA PASSING THROUGH THE NETWORK OF THE SERVICES. CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND IS SOLELY RESPONSIBLE FOR EVALUATING THE COMPLETENESS AND ACCURACY OF ANY INFORMATION. IN ADDITION, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZAP JAB, ITS DEALERS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. USE OF ANY INFORMATION AND/OR DATA OBTAINED FROM OR THROUGH SERVICES PROVIDED BY ZAP JAB, INCLUDING EMAIL AND WEBHOSTING, WILL BE AT CUSTOMER’S OWN RISK. CUSTOMER ACKNOWLEDGES THAT ZAP JAB PROVIDES NO WARRANTY FOR ANY ERRORS OR INTERRUPTION IN THE INSTALLATION AND SETUP PROCESS OR IN PROVIDING THE SERVICES WHETHER WITHIN OR OUTSIDE THE CONTROL OF ZAP JAB, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL ZAP JAB BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THESE SERVICES OR FROM ANY RESULTING LOSS OF CUSTOMER’S OR THIRD PARTY’S DATA. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ZAP JAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ZAP JAB LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ZAP JAB RESERVES THE RIGHT TO REFUSE OR TERMINATE SERVICES TO A CUSTOMER AT ANY TIME WITH OR WITHOUT CAUSE.
Customer Complaint Resolution: In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, Customer agrees to contact Zap Jab at (844) 492-7522. After which, pursuant to California Civil Code Section 1789.3, Customer may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at (916) 445-1254.
Additional Terms and Conditions: Zap Jab may, from time to time, send e mail messages or other forms of communication to Customer containing advertisements, promotions etc. which may be offered by third parties. Zap Jab makes no representation or warranty with respect to the content of any such third party communications or goods or services which may obtained in response to such communications and Customer agrees that Zap Jab shall not have any liability with respect thereto, nor shall any such messages amend the Terms and Conditions unless specifically agreed to in writings by Zap Jab. Zap Jab inclusion of links to any websites is provided for Customer convenience only and Zap Jab is not responsible for any content on such websites. Zap Jab inclusion of links to such website does not imply any endorsement of the material on such websites or any association with their operators.
Entire Agreement: These Terms and Conditions, the Acceptable Use Policy, the Privacy Policy and other policies contain the entire agreement and understanding concerning the Services and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written or oral. The Terms and Conditions may be modified at any time by Zap Jab. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative hearings based upon or relation to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Assignment and Successors in Interest: All Terms and Conditions shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and permitted assigns of Customer. Except as specifically stated herein, neither these Terms and Conditions nor any of the rights, interests or obligations of Customer shall be assigned or delegated without prior written consent of Zap Jab. Any unauthorized assignment or delegation shall be null and void.
Venue/Choice of Law: Theses Terms and Conditions, the Acceptable Use Policy and other policies shall be construed in accordance with the laws of the State of California (excluding rules regarding conflicts of law) and the United States of America. In the event of any dispute, the parties submit to the personal jurisdiction of and venue in the Superior Court of the State of California, County of Santa Clara, or the United States District Court of the Northern District of California in Santa Clara County.
Severability: In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of these Terms and Conditions, the Acceptable Use Policy, or other policies (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of which will remain in full force and effect.
Indemnification: Customer shall indemnify, defend and hold Zap Jab and Zap Jab employees, affiliates, owners, partners and representatives harmless against any and all claims, losses, damages and liabilities and expenses, including reasonable attorney fees, sustained by Zap Jab or any of Zap Jab employees, affiliates, owners, partners,representatives, resulting from, arising out of, or connected with the use or misuse of the Services by the Customer.