Last updated: March 8, 2021
This Agreement is between Undock, Inc., a Delaware corporation with its primary office at 68 Jay Street, STE 820, Brooklyn, NY 11201, (“Undock”), and the legal entity identified in the Order (“Customer”). Undock and Customer may be individually referred to as a “Party” or collectively as the “Parties.” This Agreement governs the use of Undock services (“Services”), Undock software applications (“Applications”) and the Undock Website. Undock provides equipment and services intended for normal business use, pursuant to the terms and conditions set forth in this Agreement and on the condition that customer accepts the terms of this Agreement. Customer accepts this agreement and agrees that Customer is legally bound by its terms. Customer accepts and warrants that its representative is 18 years of age or of legal age to enter into a binding agreement and has the right, power, and authority to enter into this agreement on behalf of the corporation, governmental organization, or other legal entity, and to bind such organization to these terms. If Customer does not agree to the terms of this agreement, neither Customer nor its End Users may download, install, or use the services or equipment. By subscribing to or using Undock services, including those services, functionality or features of mobile applications, you agree to these Terms of Service.
Subject to, and conditional upon Customer’s compliance with, the terms of this Agreement, Undock grants Customer and End User a limited, revocable, non-sublicensable, non-assignable, non-transferable (other than as permitted under this Agreement), non-resellable license and right to use the Undock Services in accordance with this Agreement. All rights not expressly granted under this Agreement are retained by Undock, including no Grant of Intellectual Property Rights. All patents, copyrights, trademarks, service marks, trade secrets, and all other intellectual property rights (collectively, “IP Rights”) in the Applications and Services are and shall remain the sole and exclusive property of Undock and its licensors. Customer will not, and will not allow its End Users, to: a) Resell, sublicense or assign its right under the license granted under this Agreement to any other person or entity; b) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Software; c) modify, adapt or create derivative works of the Software or any associated documentation; Except as expressly provided in this Agreement, the limited license granted to Customer does not convey any ownership or other rights or licenses, express or implied, in the Services, any related materials, or in any Intellectual Property and no IP Rights or other rights or licenses are granted, transferred, or assigned to Customer, any End User, or any other party by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved and retained by Undock and its licensors. The Software and Services may comprise or incorporate services, software, technology or products developed or provided by third parties, including open source software or code. Customer acknowledges that misuse of Undock Services may violate third-party IP Rights. If you are interested in reselling Undock services, visit http://undock.com/partner.
Undock will charge your method of payment in advance for each monthly service plan fee and associated taxes. All prices are identified in US dollars on the website or Administrative Portal. Recurring charges for the Services begin on the Start Date, and will continue for the Term. Recurring charges will, once incurred, remain in effect for the then-current Term. Undock will provide notice of any proposed increase in such charges no later than thirty (30) days before the end of the Initial Term or then-current Renewal Term, and any such increase will be effective on the first day of the next Renewal Term. Additional charges may result if Customer exceeds usage thresholds, activates additional features, or purchases additional Services or equipment. Customer will be liable for all charges resulting from use of the Services on its Account. All Services and equipment must be purchased via credit or debit card or Electronic Check (ACH) at the time of purchase. By providing a valid debit or credit card, Customer is expressly authorizing all Services, fees and equipment charges to be charged to such payment format, including recurring payments billed on a monthly or annual basis. When you provide a check as payment, you authorize us to either use information from your check to make a one-time electronic transfer from your account or to process your check as a check transaction in which case you may not receive your check back from your financial institution. Customer’s provided payment format shall be used for any in-month purchases of additional services and products, or where Customer has exceeded usage or threshold limits, any overage charges. If the payment card associated with Customer’s Account is declined or fails for any reason, Undock will send Customer a notice using the contact information associated with Customer’s Account. Undock may continue to attempt charging Customer’s payment card for outstanding charges and additional fees along with any other rights and remedies available to Undock under this Agreement, at law or in equity. Any payment not made when due may be subject to a late payment fee equivalent to the lesser of (i) one and a half percent (1.5%) per month; or (ii) the highest rate allowed by Law. Undock may terminate the Services and this Agreement for non-payment if any fees or charges are not paid within thirty (30) days of the due date. If you subscribe to an annual plan, Undock will bill you in advance for the service plan fee due for the entire year, plus any associated taxes and fees. We will charge you in arrears on a monthly basis for usage and calls not covered by your plan. Late payments will be subject to late payment fees and returned electronic check payments will be subject to returned check fees. When you subscribe to our service, you must give us a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. This authorization will remain valid until 30 calendar days after you terminate our authority to charge your payment method. If we disconnect your service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. You agree to promptly update your account information whenever your personal or billing information changes (including, for example, your name, address, e-mail address, telephone number, credit/debit card number and expiration date or other payment method information). You authorize Undock to send you notices and information regarding your service, including via e-mail, over the Internet. If notices are sent by us to the last email address provided by you, you agree that we have provided sufficient email notice and you waive any rights to assert failure of notice.
All plans, fees, and charges are exclusive of applicable Taxes, for which Customer is solely responsible. Taxes may vary based on jurisdiction and the Services provided. Taxes, access fees, universal service or other recovery fees, or similar charges will be adjusted on the date in which those increases become effective as mandated.
If Customer reasonably and in good faith disputes any portion of Undock’s charges, you must notify Undock within seven (7) calendar days after you receive your statement from your bank or credit card issuer. Financial regulations require you to notify your financial institution within sixty (60) days after you receive your statement and report any alleged errors to them within this timeframe. Please contact 888-995-1353. http://www.undock.com/support if you want to dispute any Undock charges on your statement.
If you use the service, any feature and/or any device in a way that is inconsistent with the normal use for your service, feature or plan, you will be required, at Undock’s sole discretion, to pay the rates for the service, feature or plan that would apply to the way you used the service, feature or device or change to a more appropriate plan. Unlimited voice services are provided primarily for continuous live dialogue between two individuals. All unlimited Services may only be used for normal business use. Unlimited Services also may not be used for any of the following prohibited uses: Spamming or blasting; Bulk call-in lines (customer support or sales call centers not provided by Undock); and Auto-dialing or “predictive” dialing. Unusual calling patterns, excessive conferencing or call forwarding, and/or consistent excessive usage will be considered indicators that your use may be inconsistent with normal use by other Undock customers. Undock retains the right to impose limits on your usage of the Services or to terminate the Services if we believe that your usage, including, but not limited to, the total number of calls you make, minutes you use or SMS messages you send is not consistent with normal, fair and reasonable use of such services.
Customer shall not use the services for any illegal, fraudulent or abusive purposes. If Undock finds that You are using the Services for anything other than the permitted uses in this Agreement or for any of the prohibited uses in this Agreement, Undock may at its sole discretion terminate Your Service and charge You any applicable fees for the Services used plus damages caused by Your improper use. Prohibited uses include, but are not limited to: (1) Behavior that is illegal, deceptive, obscene, threatening, harassing, malicious, fraudulent infringing or invasive of another’s privacy; (2) Sending unsolicited messages or advertisements, including email, voicemail, SMS, or faxes (“spamming”), or otherwise sending bulk and/or junk email, voice mail, SMS, or faxes; (3) Creating a false Caller ID identity (“ID spoofing”) or forged email/SMS address or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services; (4) Negligently, recklessly or intentionally transmitting any material that contains viruses, trojan horses, worms, malware, spyware, or any other programs that may be harmful. If You transmit or are otherwise connected with any transmission of voice, fax, email, or other unsolicited marketing messages using the Services, You agree to pay Undock its actual damages if those damages can be reasonably calculated.
Customer is responsible for all return shipping charges for any hardware returned to Undock for any reason. If You cancel Your Undock Service within thirty (30) days from the date of purchase of the equipment, You may (a) keep the equipment and pay the list price minus the actual price paid for the equipment or (b) return Your hardware and receive a full refund. No returns are accepted after thirty (30) days from the date of purchase of the equipment. All equipment must be fully functional, include all components, manuals, peripheral devices, and all other accessories that were originally shipped with the hardware. At our discretion, we may decline Your return or charge You an additional fee for each damaged or missing item.