1. License
Acepeak grants the Customer a limited, non-exclusive, non-transferable license to access and use the Acepeak services as described in this Agreement. The services are to be used solely for lawful business purposes.
2. Term
This Agreement begins when the Customer purchases Acepeak services and continues on a month-to-month basis, unless otherwise agreed upon in writing. Either Party may terminate this Agreement at any time with written notice.
3. Acepeak Services
Acepeak provides subscription-based access to its communication platform and related services, as described on the Acepeak.com website and purchasing portal. Acepeak may update or modify its service offerings with 30 days' prior written notice, or as required by law.
4. Customer Responsibilities
4.1 Compliance
The Customer is responsible for ensuring compliance with all applicable laws governing the receipt, resale, and use of Acepeak services. The Customer must maintain all necessary licenses and registrations.
4.2 Passwords
The Customer is responsible for maintaining the confidentiality of account passwords and is liable for all activities under its account. The Customer must promptly notify Acepeak of any unauthorized access.
4.3 Data Privacy
The Customer is responsible for adhering to data privacy laws that govern the collection, use, and processing of customer data.
4.4 End Users
The Customer is accountable for managing its end users, including solicitation, credit checks, billing, and collections.
4.5 Acceptable Use
Customers must use Acepeak services solely for lawful purposes and refrain from transmitting unlawful or objectionable content. Acepeak reserves the right to suspend services immediately in response to any breach of this provision.
5. Charges and Payment
5.1 Charges
The Customer agrees to pay Acepeak the fees specified on the Acepeak.com website and purchasing portal. Applicable taxes will be billed separately.
5.2 Billing and Payment
Acepeak will invoice the Customer monthly in advance. Payment is due within 7 days of the invoice date.
5.3 Non-Payment
Acepeak reserves the right to suspend services if payment is not received. Any outstanding amounts remain due upon termination.
5.4 Cancellation Policy
Customers may cancel their subscription at any time. However, the Customer remains responsible for paying the full monthly fees for the remainder of the current term. No refunds will be issued for unused subscription periods.
5.5 Final Charges
Upon cancellation, the Customer agrees to pay any final charges for the last month of service. A prorated credit will be provided for unused days in the final month.
5.6 Fees
- Late Payment Fees: A late fee of 1.5% per month may be charged on overdue amounts, subject to legal limits.
- Returned Payments: A $50 fee will be charged for returned checks, chargebacks, or rejected payments.
- Taxes: Applicable taxes will be invoiced as required by law. A tax exemption certificate may be provided to waive these taxes.
- Compliance Fee: A 21.1% administrative fee is included to cover regulatory compliance costs.
5.7 Rate Adjustment Schedule
Acepeak reserves the right to modify or discontinue certain services, with 24 hours' notice for services in Mexico.
5.8 Billing Disputes
Billing disputes must be reported within 30 days of the invoice date. After this period, the dispute may be waived.
6. Legal Compliance; Indemnification
The Customer agrees to comply with all applicable laws and regulations, and indemnifies Acepeak for any costs or damages resulting from non-compliance. Acepeak reserves the right to terminate the Agreement if these requirements are not met.
7. Disclaimer and Limitation of Liability
Acepeak provides services “as-is” without warranties of any kind. The maximum liability of Acepeak for direct damages is limited to the fees paid by the Customer for the preceding three-month period.
8. Emergency Services
The Customer acknowledges that Acepeak services do not support emergency calls or E911 services. Customers should make alternative arrangements for emergency services.
9. Termination
The Agreement may be terminated for default, non-payment, or regulatory orders. Upon termination, the Customer is responsible for settling any outstanding charges.
10. Proprietary Rights
All intellectual property rights in the services and related materials are owned by Acepeak or its licensors. The Customer is granted access to these materials under the terms of this Agreement.
11. Confidentiality
Both parties agree to keep confidential all proprietary information shared during the term of this Agreement, except as required by law.
12. Intellectual Property and Publicity
The Customer agrees that Acepeak retains full rights to all services, software, and materials used in the delivery of services. Feedback provided by the Customer becomes the property of Acepeak.
13. Force Majeure
Neither party will be held liable for failure to perform obligations due to events beyond their control, such as natural disasters, strikes, or government actions.
14. Governing Law and Dispute Resolution
This Agreement is governed by the laws of Georgia, and any disputes will be resolved in the courts located in Cobb County, Georgia.
15. Free Trial Terms
The free trial is available to new customers for 7 days. Charges will apply after the trial period, and usage beyond the trial credit will incur fees.
16. Consent for Email Marketing
By agreeing to this Agreement, the Customer consents to receive promotional emails from Acepeak. The Customer may opt-out at any time.