These terms (“Fees Policy”)
are incorporated by reference into thinkingVOICE's User Agreement and are subject to such User
Agreement. Your use of any of thinkingVOICE's Services is
subject to the User Agreement in its entirety. The definitions
as found in the User Agreement shall apply to the Fees Policy.
In the event of a conflict between the terms of this Fees
Policy and the User Agreement, the Fees Policy shall prevail.
1.1. General.
Subject to availability, you may subscribe to a thinkingVOICE
Service pricing play in accordance with the table below. Each
month, thinkingVOICE will charge you the applicable fees,
which will appear on your statement. For accounts that thinkingVOICE,
in its discretion, believes may represent a credit risk, thinkingVOICE
may charge amounts as they come due or sooner than the account
would otherwise have been charged based on its billing cycle.
Service is provided and billed on a monthly basis, for a minimum
period of one month. The start of Service date is the Activation
Date.
Except as otherwise noted, each indicated fee is in addition
to, and not in lieu of, the other indicated fees.
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| Base
Fees - Fixed Recurring Charge
|
| Monthly Fee
|
Waived for Free Trial Period |
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| Annual Fee
|
|
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| Set Up Fee |
Waived |
Waived |
Waived |
| Usage
Fees - Variable Charge |
| Per Minute Fee |
Waived up to # of Minutes provided under Free Trial |
$.15 |
$.15 |
1.2. Base Fees.
thinkingVOICE will charge you the non-refundable, fixed recurring,
prepaid base: a) Set Up Fee; and b) Monthly fee or Annual
Fee, following your registration. Such fees shall be charged
on the first day of each month for a monthly plan and upon
the Activation Date. Monthly fees will be charged until you
cancel your subscription. Each monthly subscription must be
canceled independently. If you cancel one monthly subscription,
thinkingVOICE will continue to provide and charge for other
requested Services. Your net monthly subscription for the
first month will include a pro-rated refund for the days of
the month prior to your registration.
1.3. Usage Fees.
You will incur a variable charge based on
your usage of the Services (including usage from your Callers.)
Such Usage Fees shall be due at the end of each monthly billing period for
which such fee was incurred and shall be paid at the beginning
of the next monthly billing period, along with such month’s base fee
specified in Section 1.2 above should you subscribe to a monthly
plan. Notwithstanding the above, if in any given month you
incur $50 in Usage Fees, thinkingVOICE shall have the right
to charge you for such $50 in Usage Fees immediately (prior
to the end of the month) and you shall pay such fee immediately.
Any Usage Fees above such $50 shall be due at the end of the
month unless such fees reach an additional $50 in which thinkingVOICE
has the right to charge you and you shall immediately pay
such additional $50 fee. Thereafter, thinkingVOICE has the
right to charge you for each $50 spent by you in Usage Fees
and you shall pay such charges immediately. Each partial or
full minute of Service shall incur the full minute charge
(no pro-ration).
1.4. Free Trial.
a) Waived Fees; Fees That Still Apply.
During any free trial of the Services (the "Free Trial"),
thinkingVOICE will not charge you a Set Up Fee, Monthly Fee or Annual Fee
applicable to the Service for which the Free Trial applies.
You will incur Usage Fees for usage beyond minutes provided for under
the Free Trial and you will incur Monthly Fees beyond the period
provided for under the Free Trial (starting on the Activation Date and
ending on the last day of the Free Trial period) and shall pay such fees
according to Section 1.3, above.
The duration of the Free Trial and the number of
minutes included in the Free Trial shall be as specified by thinkingVOICE,
and may be revoked at any time, with or without notice to you.
b) Eligibility. To be eligible for the
Free Trial, you may not have previously used the Service as
a thinkingVOICE user, and you must properly register with
thinkingVOICE.
c) Termination of Free Trial. If you
switch to a paid thinkingVOICE plan at any time during a Free
Trial, you will be charged according to the new plan at the
time of the switch. If you have not selected a paid thinkingVOICE
plan prior to the end of the Free Trial, thinkingVOICE will
prevent your access to the Service until you select a payment
plan and may, at thinkingVOICE's sole discretion, terminate any call that extends beyond the Free
Trial. thinkingVOICE reserves the right, in its sole discretion
and without notice, to withhold providing you access to the
Free Trial or terminating your Free Trial prior to its expiration.
1.5 Taxes.
You are responsible for, and shall pay
any applicable federal, state, municipal, local or other governmental
sales, use, excise, value-added, personal property, public
utility or other taxes, fees or charges now in force or enacted
in the future, that arise from or as a result of your subscription
or use or payment for the Service. Such amounts are in addition
to payment for the Service and will be billed to your account.
If you are exempt from payment of such taxes, you will provide
thinkingVOICE with an original government-issued certificate
attesting to tax-exempt status. Tax exemption will only apply
from and after the date thinkingVOICE receives such tax exempt
document.
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