Terms and Conditions

Welcome to Hostcomm! These Terms and Conditions (“Terms”) govern your use of the Hostcomm cloud contact center platform, its associated plug-ins and its services (the “Website/Application”), operated by Hostcomm LLC (“Hostcomm”, “we”, “us”, or “our”). By accessing or using the App, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must discontinue using the Application immediately.

PLEASE READ THIS DOCUMENT AND THE PRIVACY POLICY CAREFULLY BEFORE CONTINUING TO USE THIS PLATFORM. These Terms and Conditions (“Terms”) together with Privacy Policy and Cookie Policy govern the access and use of services made available through www.hostcomm.net (“Website”) and the related cloud contact center platform (Collectively the “Hostcomm” Platform).

Hostcomm reserves the right at its sole discretion to change, modify, or amend these Terms without any notice or liability to you. The changes to these terms shall be effective immediately after posting such changes. Your continued use of the Platform following such modifications will be conclusively deemed acceptance of any changes to these terms and conditions.

BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL CAPACITY AND AUTHORITY TO AGREE TO AND BIND YOURSELF TO THESE TERMS. IF YOU HAVE ANY QUERIES ABOUT THESE TERMS, PLEASE CONTACT HOSTCOMM at service@hostcomm.net.

THESE TERMS AND CONDITIONS APPLY TO USERS IN THE UNITED STATES OF AMERICA.

1. General Terms

1.1. The section headings within these Terms are solely for organizational purposes, designed to help you navigate the various provisions in an orderly manner. These headings shall not be used to interpret the provisions themselves nor carry any legal or contractual weight.

1.2. You expressly agree that these Terms and the Privacy Policy are co-terminus. The termination or expiry of either one will result in the automatic termination of the other.

1.3. By using the Hostcomm Website, you enter into a legally binding agreement with Hostcomm LLC. By accessing and utilizing the Website, you acknowledge that this relationship constitutes a legally binding contract from the moment you start using the Website, and you agree to be bound by these Terms.

2. Definitions

• Agreement: The Quotation, the Service Order Form, these Terms and Conditions, the Special Terms (if any) and the Proposal.
• Business Day: Any day (other than a Saturday or Sunday) when banks are generally open for normal business in the United States of America.
• Customer: The name of the organisation specified on the Quotation.
• Equipment: Any equipment to be purchased by the Customer from Hostcomm listed in the Quotation.
• Fees: The charges in respect of the Services, together with any charges arising from any agreed further services.
• Term of Service: The term of service as set out in the Service Order Form.
• Quotation: Hostcomm's quotation to the Customer.
• Router(s): Internet router, firewall or combined unit.
• Services: The services to be provided by Hostcomm pursuant to this Agreement listed in the Quotation or subsequently agreed in writing.
• Service Order Form: Hostcomm's order form as supplied to the Customer.
• Software: Any software supplied as part of the Services.

3. Platform Purpose

Hostcomm provides a comprehensive digital platform for businesses seeking advanced communication and customer engagement solutions. The platform specializes in cloud contact centers, predictive dialers, AI-powered customer support tools, remote visual assistance and secure payment technologies. Designed to improve operational efficiency, Hostcomm enables businesses to deliver exceptional customer experiences while adhering to stringent data security and compliance requirements.

4. Platform Functionality

Hostcomm offers a versatile platform with a range of functionalities designed to streamline and enhance business communication and customer interaction processes. Key features include:

• Cloud contact centers: Reliable, high-performance voice, email and chat communication platform with advanced call management features.
• Predictive Dialers: Efficient outbound calling systems that optimize agent productivity.
• AI-Driven Tools: Intelligent chatbots and virtual agents to improve customer engagement and automate responses.
• Secure Payment Solutions: Integrated tools for secure and compliant payment processing.
• Performance Monitoring and Analytics: Tools for tracking and improving communication performance.

HOSTCOMM'S FUNCTIONALITIES AND FEATURES DESCRIBED ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.

5. Use of Hostcomm Services

The Customer shall use Hostcomm Services in accordance with the guidelines, manuals or instructions provided by Hostcomm from time to time. The Customer acknowledges that all Customer premises data and voice network infrastructure, LAN, and IP voice equipment is the responsibility of the Customer.

5.1. Firewall

The Customer shall inform Hostcomm of the make, model and software version of their Router prior to the Services being implemented. Hostcomm must be made aware of any proposed major changes to the Router configuration or change of Router model in writing seven (7) days prior to such changes being implemented.

5.2. Telephone Consumer Protection Act (TCPA)

The Customer represents and warrants that its use of Hostcomm Services will comply with all applicable provisions of the TCPA, 47 U.S.C. § 227, and its implementing regulations, including obtaining prior express written consent for marketing calls, maintaining an internal Do-Not-Call list, and complying with all time-of-day restrictions on telemarketing calls.

5.3. California Consumer Privacy Act (CCPA)

Hostcomm and the Customer agree to comply with the CCPA and its implementing regulations. Hostcomm, as a service provider, represents and warrants that it will not sell or share personal information of California residents without their prior express consent.

5.4. Data Breach Notification

Hostcomm shall notify the Customer of any data breach affecting Personal Data within 72 hours, providing necessary information for compliance with U.S. state laws, including California and New York requirements.

5.5–5.11. Additional Provisions

• Quality of Service: For broadband-based services, Hostcomm cannot guarantee a consistent level of quality although a 20:1 contention based service or better is acceptable.
• GDPR Compliance: Where EU-originating Personal Data is processed, GDPR compliance applies.
• Do Not Call Compliance: The Customer will comply with all applicable federal and state laws regarding telemarketing.
• Backup and Data Storage: Hostcomm will store 7 full database backups, deleting the oldest file after 7 days. Call recordings storage is available at $0.08 per gigabyte monthly.
• FTC Compliance: The Customer will comply with all applicable FTC laws, rules, and regulations.
• Network Quality: The Customer acknowledges responsibility for maintaining network configurations that support Hostcomm Services.
• Indemnification: The Customer indemnifies Hostcomm against breaches of state or federal laws.

6. Payment for Services

The Customer agrees to pay Hostcomm for the Services at rates specified in the Service Order Form. Usage charges shall be billed at the end of the month in which they are incurred. Monthly recurring charges shall be billed in advance. All charges are payable within 7 days from receipt of invoice. A charge of 1.5% of the amount owed shall be added for each full or partial month of non-payment starting on the thirty-first day after the date of invoice.

7–12. Financial & Equipment Terms

• Guarantees and Advance Payments: Hostcomm may require advance payments or guarantees if payment obligations are not met.
• Cost of Collection: The Customer is liable for any collection costs incurred by Hostcomm.
• Maintenance: Hostcomm provides feature and function updates without additional charge.
• Title to Equipment: Hostcomm retains title to all equipment used in connection with providing Services.
• Independent Obligation: This Agreement constitutes a separate and independent obligation.
• Software: Software is licensed (not sold) for the Customer's internal use only, on a non-exclusive, non-sub-licensable basis.

13. Warranties and Disclaimer

Hostcomm warrants that the Customer's use of the Services will not infringe any rights of any person or entity. All other conditions, warranties or other terms are excluded to the maximum extent permitted by law.

14–20. Platform Usage, Content & IP

• Usage: The platform is open to all US citizens. The platform's language is English.
• Interruptions: Hostcomm shall not be liable for delays or interruptions caused by unforeseen circumstances.
• Content: All content is subject to copyright protection and cannot be reused without prior written consent.
• Suspension: We may limit your access if you breach these Terms or provide inaccurate information.
• Intellectual Property: All IP is the property of Hostcomm or the respective copyright/trademark owner.
• Linking and Framing: We prohibit unauthorized hypertext links and framing.
• Non-Affiliation: Hostcomm is not affiliated with any brand name listed on the Platform.

21. Indemnity

The Customer shall indemnify Hostcomm against third-party claims arising from the Customer's breach of the Agreement, use of the Services, or violation of applicable law. Hostcomm shall indemnify the Customer against claims that the Services infringe third-party IP rights.

22. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOSTCOMM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. Hostcomm's total aggregate liability shall not exceed the total amount paid by you during the twelve (12) months preceding the event giving rise to the liability.

23. Term and Termination

This Agreement commences upon execution of the Service Order Form and continues for the initial Term of Service. Following expiration, it automatically renews for successive one (1) month terms unless terminated with 30 days' written notice.

• Termination by Customer: 30 days' prior written notice, or if Hostcomm fails to remedy a material breach within 30 days.
• Termination by Hostcomm: For non-payment (5 days to remedy), if Services are no longer commercially feasible (30 days' notice), or if Services are used fraudulently (immediate).

24–27. Post-Termination & User Obligations

On termination, all rights granted cease and all outstanding amounts become immediately payable. Users must be at least 18 years old, provide accurate information, and use the Platform only for lawful purposes. Emergency 911 service may have limitations compared to traditional landline service.

28. Service Level Agreement

• Mean Time To Respond: 15 minutes on a monthly average basis
• Mean Time To Isolate: 1 hour on a monthly average basis
• Mean Time To Repair: 2 hours on a monthly average basis
• Account Revocation: Within 2 hours of request

29–30. Exclusions & Billing Adjustments

Service downtime caused by Customer network issues, unreported outages, or scheduled maintenance is excluded. Credits of 1/30 of monthly recurring charge per affected day, up to a maximum of one month's service fee.

31. Force Majeure

We will not be liable for damages for any delay or failure to perform due to causes beyond our control, including acts of war, natural disasters, regulatory actions, internet disruptions, or other unforeseen circumstances.

32. Dispute Resolution and Jurisdiction

Disputes will be settled by arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be conducted in English in the United States. You agree that any claims will be resolved individually and not in a class action.

33. Miscellaneous

• No Partnership: This platform does not establish a partnership, joint venture, agency, or employment relationship.
• Confidentiality: Reports and settlement offers shall be kept confidential except where disclosure is required by law.
• Entire Agreement: These Terms, the Privacy Policy and any Service Order Form form the complete contract.
• Severability: If any provision is held invalid, the remaining provisions remain in full force.