Terms of Service (“Terms”)
Last Updated March 11 2024
Westpark Communications, L.P. (“Westpark”) has formulated these Terms in order to define our guarantee, the limitations of our guarantees, acceptable use of our services, and other policies as defined in this document. By using Westpark’s Services (defined below), users (defined below) consent to be bound by the Terms. Users, whether used in the singular or plural, is defined as all employees, agents, officers, or owners of any individual or entity which enters into a written agreement with Westpark for Services (defined below). If Users do not wish to be bound by these Terms, Users may not access or use Westpark’s services, which will be described more particularly in a separate agreement signed by Users (“Services”). Westpark reserves the right to modify these Terms at its discretion at any time. Such modifications will be effective when posted to Westpark’s website. Any use of Westpark’s Services after such modification shall be deemed to constitute conclusive acceptance of such modification. Westpark reserves the right to deny or terminate Services to Users based upon the results of a security/abuse confirmation process used by Westpark. Such confirmation process uses publicly available information to primarily examine Users history in relation to Users’ prior or current use of services similar to those being provided by Westpark and Users relationship with previous providers.
Westpark will suspend service for violation of the Terms Westpark determines is reasonable under the circumstances to address the underlying violation. Westpark will attempt to notify Users prior to suspending Services for violation of the Terms (which may be via email or any other notification); provided, however, Westpark may suspend Services without notice if Westpark becomes aware of a violation of any applicable law or regulation or activity, including but not limited to a violation of the Terms that exposes Westpark to criminal or civil liability or that exposes Westpark, its officers, employees, Users or affiliates, or the property of the aforementioned, to harm or investigation. Westpark may take such further action as Westpark determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Westpark shall not be liable for any damages of any nature suffered by any Users, or any third party, resulting in whole or in part from Westpark’s exercise of its rights under the Terms.
Material accessible through Westpark’s Services may be subject to protection under privacy, publicity, or other personal rights and intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use Westpark’s Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If Users use a domain name in connection with any of Westpark’s Services, Users must not use that domain name in violation of the trademark, service mark, or other rights of any third party.
Guarantee
Westpark guarantees that Users will be satisfied with the quality of the Services, or Westpark will gladly refund Users’ money, subject to the following conditions: (1) Users must inform Westpark of issues with the quality of Services within five (5) business days of experiencing an issue; and (2) Users must allow Westpark five (5) business days to rectify the issue.
EXCEPTIONS TO THIS GUARANTEE ARE AS FOLLOWS:
- Users less than thirty (30) days old do not qualify.
- Users with at-fault agent errors less than 1% of all calls (5 error minimum) do not qualify.
- Users with a suboptimal business process/script that our client services team has warned Users about do not qualify.
- Users must document in writing reasons supporting their dissatisfaction.
- This must include detailed explanations, specific issues encountered, or evidence of attempts to resolve the problem.
- Users that do not properly communicate requirements, processes, correct schedules, or other information required to properly service their account, and/or required information is not provided in a timely manner, do not qualify.
- Users who open an account with Westpark under an agreed upon set of requirements, and then materially change those requirements after Services have gone live, do not qualify.
- Issues arising from natural disasters or other large scale service affecting events outside of Westpark’s control do not qualify.
- Service affecting issues that are out of Westpark’s control do not qualify. This includes voice and SMS carrier issues, third-party platform issues that are not managed by Westpark, such as Users’ CRM system, and other issues as determined by Westpark.
- Misrepresentation of media and marketing campaign schedules that result in an inaccurate forecast of call volumes and longer hold times—failure to mention advertising campaign(s) promptly, therefore not allowing Westpark to properly staff accounts, do not qualify.
- Any breach of the Terms automatically disqualifies Users from the guarantee.
Commitment
Both Westpark, and Users, reserve the right to terminate services with a written notice, 28 days prior to the date of termination. Once the termination date has been reached, a final invoice will be issued for any remaining balance that is due immediately on issuance.
Payment Terms
Westpark expects timely payment on all invoices. Invoices are due fourteen (14) calendar days from the date of issuance, unless alternate payment terms are agreed upon by both parties in a separate business agreement (“Payment Terms”). For Users’ convenience, Westpark requests that all Users be set up with an emailed invoice, and credit card or eCheck autopay. If autopay is not set up, a $10 manual collections fee shall be added to each invoice. If a mailed physical copy of Users’ invoice is required, or if an external payment platform must be utilized to collect payment, an additional $7 fee shall be added to each invoice. Users’ designated billing contact will be sent an email with a link and instructions prior to Users’ first invoice to complete this setup.
If Users’ invoices are seven (7) calendar days past the invoice due date, a late fee of 3% or $10 (whichever is greater) will be assessed on Users’ next invoice, and continue to be assessed until paid in full
Users’ failure to pay its invoices according to the Payment Terms may result in the suspension or termination of Users’ Services.
In addition, if any action at law or in equity is necessary to enforce or interpret the Terms, including the Payment Terms, the prevailing party shall be entitled to reasonable attorney’s fees, costs and expenses incurred both before and after judgment, in addition to any other relief to which such party may be entitled. Further, if Westpark incurs attorney fees, costs or expenses in connection with enforcement of the Terms and/or Payment Terms that does not involve the necessity of taking court action, Users shall be liable to Westpark for such attorney fees, costs or expenses.
Price Adjustments
Westpark reserves the right to adjust agreed-upon prices on an annual basis to deal with rising costs and inflation. These price adjustments will appear on the October invoice every year, with notification about the price adjustments being disseminated with the September invoice. Westpark also reserves the right to assess additional fees to cover costs associated with legal compliance, increased costs of doing business, and to pass through appropriate assessed taxes.
Billing Changes
Westpark will invoice Users for the agreed upon services as defined in the mutually signed business agreement. If Users wish to alter their business agreement, Users may contact their account manager to initiate this change. Any changes to the business agreement will take effect with the next issued invoice following execution of such business agreement.
Number Porting
In situations where Users wish to port a telephone number that User owns to Westpark, a request must be submitted to the assigned account manager via email and allow the assigned manager to acknowledge the request within five (5) business days. Though Westpark will be in possession of the telephone number, the Users will retain ownership of the telephone number so long as the User’s account is in good standing.
In situations where Users wish to port a telephone number away from Westpark, Users must notify their account manager of Users’ intent to port the number away. If the telephone number being ported belongs to Users, and Users’ account is in good standing, the port request will be approved when received from Westpark’s voice carrier. If the telephone number being ported belongs to Westpark, and Users’ account is in good standing, Westpark will be the sole decision maker on whether or not the telephone number owned by Westpark will be allowed to be ported out. If the port-out is allowed, the port request will be approved when received from Westpark’s voice carrier.
Acceptable Use
The actions described below are defined by Westpark as “service abuse” and are strictly prohibited under the Terms. The examples named below are not exhaustive and are provided solely for guidance to Users. If Users are unsure of whether a contemplated use or action is permitted, it is User’s responsibility to determine whether the use is permitted by contacting Westpark via email.
The following activities are expressly prohibited, and Westpark expressly reserves the right, at its sole discretion, to pursue any remedies that it believes are warranted which may include, but are not limited to, the issuance of verbal warnings, email notifications, SMS notifications, blocking, suspending, or terminating User’s accounts, billing clients for administrative costs and/or reactivation charges, or bringing legal action to force cessation of violations, and/or to collect damages, if any, caused by User’s violations. Such actions may be taken by Westpark without notice to the Users. In general, clients may not use Westpark’s services in any manner which:
- Violates any applicable law, regulation, treaty, or tariff, including but not limited to data privacy laws and laws restricting or prohibiting unlawful telemarketing calls or messages;
- violates the acceptable use policies of any services which are accessed through Westpark;
- Causes a service-affecting large influx of call, email, webchat, or SMS message volume that has not been previously agreed upon by both parties
- Infringes on the intellectual property rights of Westpark or others;
- Violates the privacy of others;
- involves deceptive online marketing practices including, without limitation, practices that violate the United States Federal Trade Commission’s guidelines for proper online marketing or telemarketing;
- involves accessing, posting, submitting or transmitting any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar or offensive; (v) constitutes child pornography, child sexual abuse material, sexually exploitative content or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances); (ix) offering, disseminating or facilitating, make-money-fast or “get-rich-quick” schemes (including work-from-home programs, risk investment opportunities, ponzi and pyramid schemes);
- unauthorized use (or attempted unauthorized use) or sabotage of any of Westpark’s services;
- attempting to interfere with or denying service to any user or host (e.g. denial of service attacks and/or DNS spoofing attacks);
- introduces malicious programs into the network or Server (e.g. viruses, time bombs, cancelbots, worms, Trojan horses, etc.);
- furnishes false or incorrect data or information to Westpark, including without limitation information provided on signup, or otherwise in response to any request by Westpark to ascertain or verify the Users identity and business practice sends any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- uses or accesses the Services for the purpose of, or resulting in, the posting, publication, distribution or transmission of defamatory material or content;
- sends any emails or SMS communications for purposes of marketing or promoting non-federally legalized products or services or if such communications are barred by relevant industry associations;
- uses Westpark’s site, Services or content for the purpose of bringing an intellectual property infringement claim against Westpark or for the purpose of creating a product or service competitive with Westpark’s Services;
- impersonates or misrepresents User’s affiliation with any person or entity.
Monitoring and Enforcement
Westpark reserves the right, but does not assume the obligation, to monitor content on and sent through Westpark’s services and to investigate any violation of Westpark’s Terms, or misuse of Westpark’s Services. Westpark may remove or disable access to any user, content, or resource that violates Westpark’s Terms or any other agreement Westpark has with Users for use of the Services, which may include materially altering the functionality of the Services. Westpark may report any activity that Westpark suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate Users information. Westpark may also cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
Reporting Acceptable Use Violations
As a Westpark Users, if Users become aware of any violation of this AUP, Users will immediately notify Westpark and provide Westpark with assistance, as requested, to stop or remedy the violation. Violations of this AUP may be reported in writing to:
Westpark Communications, L.P.
℅ Josh Patten
8917 Louetta Rd.
Suite 400
Spring, TX 77379
info@westparkcom.net
Indemnification
If applicable, clients will hold Westpark harmless for any violations of the Health Insurance Portability and Accountability Act (HIPAA) or any violations of Payment Card Industry (PCI) Data Security Standards committed by the Users. Furthermore. Westpark will hold the Users harmless for any violations of the Health Insurance Portability and Accountability Act (HIPAA) or any violations of Payment Card Industry (PCI) Data Security Standards committed by Westpark.
Changes to Terms of Service
While Westpark uses reasonable efforts to provide accurate and up-to-date information on this website, Westpark makes no warranty or representation as to its accuracy. Moreover, information that may have been accurate at the time of posting may have changed and therefore may no longer be accurate or in effect. Westpark undertakes no duty to update such information.