HomeMy WebLinkAboutP-23-557 Text Messaging Services.pdf P-23-557
Text Messaging Services
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The Messaging Experts
Service Agreement & Terms of Use
1.Overview
This agreement is between SelectPath, Inc.dba Contact Wireless("CONTACT", "WE"or"OUR")and Fresno County
DCSS, ("CUSTOMER", "YOU"or"YOUR")and applies to all services posted on all websites including Text Messaging
and Paging Services("Services"),ContactWireless.com,SelectPath.com,TxtPage.com,TxtAlert.com,
Confirmtext.com, BulkTextMsg.com,Txt-2-Win.com,and Txt-Link.com (collectively"Contact Sites"). Use and access
to the Paging and Contact Sites(including any rebranded or white label version of both),and the text message,
hosted telemarketing,and voice broadcast services described below(the"Services"),are subject to these terms
and conditions of use(the"Terms").
WE reserve the right to change these Terms from time to time.Any updates to these Terms shall be posted on OUR
website at www.contactwireless.com.YOU acknowledge YOUR responsibility to review these Terms from time to
time and to be aware of any such changes. By continuing to use any of the CONTACT Sites or Services after WE post
any such changes,YOU accept these Terms,as modified. By accessing one of the CONTACT Sites or using OUR
Services,YOU accept these Terms and certify that YOU have reviewed these Terms and are the age of 18. IF YOU DO
NOT INTEND ON USING THE SERVICES IN ACCORDANCE WITH THESE TERMS, DO NOT UTILIZE THE SERVICES
PROVIDED BY CONTACT.
2.The Services
Services described on the CONTACT Sites may or may not be available in all cities in the US.YOU agree to use the
CONTACT Services in accordance with all applicable guidelines as well as all state and federal laws that the Services
are subject to.
The Services consist of one or more of the following: a web-based interface,access to incoming telephone number,
Direct Inward Dialing Numbers("DIDs"),SMS, MMS, messaging applications,text broadcast applications,data
transmission,data access,and data storage,as well as software maintenance and upgrades and customer support,
that enable YOU to send text messages to recipients designated by YOU (collectively,the "Services").WE transmit
messages initiated by YOU or sent to YOU by others through different routes,and the level of reliability and support
for special features varies according to the route.YOU are responsible for obtaining and maintaining all computer
hardware,software and communications equipment needed to access the Services,and for paying all access
charges(e.g., ISP,telecommunications) incurred while using the Services.
CONTACT does not log,track,or store any transmitted messages sent through the system. The Services do not
have the ability to send/receive and/or transfer documents, paper, microfilms, microfiche, magnetic computer
tapes,cassette tapes, photographic negatives, photos, hard disks,floppy disks,flash drives,CDs,external hard
drives,and carbon sheets.The services do not integrate with the database or system of the customer and therefore
cannot extract any information from the customer's network for any purpose.
CONTACT only provides that the Services are processed correctly and further transmitted by CONTACT to the
applicable network.CONTACT is not responsible for the final delivery of any communication initiated through
CONTACT's Services,as this is out of OUR control and is the responsibility of downstream communications carriers.
CONTACT transmits and receives text messages and voice broadcasts via other major telecommunications
companies and mobile network operators,and thus CONTACT's influence over the timing of the transmission of
YOUR messages and broadcasts is within the technical constraints imposed upon CONTACT.While CONTACT shall
use commercially reasonable efforts to transmit YOUR messages and broadcasts to the applicable network for final
delivery to YOUR designated recipients as fast as possible,WE cannot commit to,and do not guarantee,a specific
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maximum delivery time.Such times depend on various network and system-related factors among the various
entities involved in the transportation of YOUR messages and broadcasts across the public switched telephone
network and/or Internet.YOU should know that communications carriers assign text messages and voice
broadcasts with a default lifetime and any message or broadcast that cannot be delivered successfully within the
lifetime assigned to it will be discarded by the communications carrier without any notice. CONTACT is not liable for
any loss incurred by the failure of a message or broadcast to be delivered,and YOU acknowledge that damages for
financial or other loss resulting from delivery failure cannot be claimed from CONTACT for any such non-deliveries.
Furthermore,YOU agree that message and broadcast contents are deemed to have zero value.
3. Pricing and Fees for Services
Pricing for the Services are detailed in ATTACHMENT A. As CONTACT is dependent on other entities for the delivery
of YOUR messages and broadcasts,OUR price or fees may require adjustment to the account for costs that are not
in OUR control.Accordingly,WE may adjust OUR prices and fees from time to time without prior notice. CONTACT
will make every effort to provide a fourteen (14)day period and are subject to a billing change on 14 days' notice.
However,Carrier Fees and all other third-party fees are subject to change immediately without prior notice and
may be changed in arrears and applied retroactively if CONTACT receives these unexpected charges. Additional
Carrier Fees charges may apply for MMS messages,all International messages,or Toll-Free numbers. Messages will
be charged in 160 Character segments. Each MMS message will also be charged with an accompanying SMS
message charge. All Fees and other charges applicable at the time of this contract signing are described in
ATTACHMENT B. On a going forward basis a current description of fees is available on the CONTACT web site at
www.contactwireless.com.
4.Term
YOU agree to a minimum service period of one(1)year per service line starting October 1,2023 through
September 30,2024.This Agreement can be canceled on thirty(30)days written notice with no further obligation
to the ongoing future monthly charges. CUSTOMER acknowledges that CONTACT will be damaged by an early
termination and that a fee of up to fifty(50%)of Service per service line may apply and represents a reasonable
estimation of the damages. These charges would be due immediately upon any early termination of this
agreement. This agreement will automatically renew unless YOU give a thirty(30)day written notice prior to
expiration date.
5. Payments
CUSTOMER agrees to pay in full each bill by the standard terms of Due On Receipt. Any special terms may be
described on the invoice or in this Agreement in ATTACHMENT B. If any portion of any payment required
hereunder is not received by CONTACT when due,CUSTOMER will pay a charge calculated at the compounded rate
of one and one-half percent(1%%) per month,or, if that rate is not permitted by law,at the highest rate permitted
by law,on that portion,from the date due until received paid or collected. All charges under this agreement,with
the exception of overcalls and/or usage charges will be billed in advance. Failure to pay the invoice within the
terms described may result in the interruption of service and the assessment of a service reconnect fee of$25.00
per service line. CUSTOMER also agrees to pay a$35.00 service charge for any returned checks. Prepaid charges
will not be refunded for termination of service prior to the end of the subscriber's billing cycle. CUSTOMER shall
provide written notice to CONTACT of any objection or dispute concerning an invoice no later than the Due Date.
Notwithstanding,the CUSTOMER shall pay any undisputed amount when due.
CONTACT will charge YOUR indicated method of payment immediately upon confirming the payment method and
amount.Credit card payments may be subject to a service charge equal to the amount charged by the individual
card up to 2.5%for each payment processed. Amounts to be charged may include sales and other taxes,carrier
fees, processing fees, NAF (FCC- Network Access Fee),where applicable and any other amounts indicated on the
web site.
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CONTACT cannot readily or accurately ascertain YOUR location when YOU request to use the Services.YOU
therefore agree that YOUR use of the Services is subject to any applicable New Mexico laws and taxes.To the
extent that YOU are responsible for any additional taxes or fees beyond those collected by CONTACT,YOU agree
that YOU will pay them when due to any applicable taxing authority, including any interest or penalties assessed.
Special Payment terms, if part of this Agreement, including but not limited to ACH and Credit Card Payments,are
described in ATTACHMENT B.
6. Usage Policy
YOU represent and warrant that the owners of the phone numbers YOU initiate messages to through the CONTACT
services have consented or otherwise opted-in to the receipt of such messages and broadcasts as required by any
applicable law or regulation.YOU agree that YOU will include clear opt-out/unsubscribe information on YOUR
messages or broadcasts when required to do so by any applicable law or regulation and otherwise adhere to the
Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to YOUR
messages.
YOU agree to familiarize yourself with and abide by all applicable local,state,and national laws and regulations and
are solely responsible for all acts or omissions that occur under YOUR account, including without limitation the
content of the messages and broadcasts that YOU create and initiate through the Contact Services.Without
limiting the foregoing,YOU agree to familiarize yourself with the legalities of any messages,calls, broadcasts,and
campaigns transmitted through the Contact Services by visiting the following websites:
• Federal Trade Commission, http://www.ftc.gov
• Federal Communications Commission, http://www.fcc.gov
• Do-Not-Call Registry Info, http://www.donotcall.eov
• CTIA, https://www.ctia.org/the-wireless-industry/industry-commitments/messaging-interoperability-sms-mms
The Telephone Consumer Protection Act("TCPA"),the Federal Trade Commission,the Federal Communications
Commission,the DNC list registry rules(http://www.donotcall.gov)and various state laws, rules and regulations
place restrictions on certain types of phone calls and text messages. CONTACT is in no way attempting to interpret
any laws, rules,or regulations.This information is provided merely as a courtesy and is not intended to replace
YOUR responsibility to familiarize yourself with and abide by the legal requirements pertaining to YOUR messages,
broadcasts and campaigns prior to using the Contact Sites or Services.YOU are ultimately responsible to make
YOUR own informed decisions regarding YOUR messages, broadcasts,and campaigns.
YOU shall schedule marketing campaigns responsibly and in a manner that is courteous to the recipients pursuant
to local,state, and national calling time rules and regulations.YOU are solely responsible for obtaining any rights or
licenses to any data, including without limitation web links,for inclusion in any outbound messages, broadcasts,
and campaigns. If YOU are unfamiliar or unclear on the legalities of any message, broadcast or campaign,YOU
should consult with YOUR attorney prior to YOUR use of the Contact Sites or Services.
YOU accept that the Services are provided for professional use only,and YOU agree that YOUR use of the Contact
Sites or Services shall not include:
• Sending unsolicited marketing messages or broadcasts(i.e.spam);
• Sending any calls to life-line services,such as hospitals,fire, police,911 or utility-related telephone
numbers;
• Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
• Harvesting, or otherwise collecting information about others,without their consent;
• Misleading others as to the identity of the sender of YOUR messages or broadcasts, by creating a false
identity, impersonating the identity of someone/something else or by providing contact details that do not
belong to YOU;
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•Transmitting,associating or publishing any unlawful, racist, harassing, libelous,abusive,threatening,
demeaning, immoral, harmful,vulgar,obscene, pornographic or otherwise objectionable material of any
kind;
•Transmitting any material that may infringe upon the intellectual property rights of third parties
including trademarks,copyrights or other rights of publicity;
•Transmitting any material that contains viruses,trojan horses,worms,time bombs,cancel-bots or any
other harmful/deleterious programs;
• Interfering with,or disrupting, networks connected to the Services or violating the regulations, policies
or procedures of such networks;
• Attempting to gain unauthorized access to the Services,other accounts,computer systems or networks
connected to the Services,through password mining or any other means;
• Interfering with another's use and enjoyment of the Services or Contact Sites; or
• Engaging in any other activity that CONTACT believes could subject it to criminal liability or civil
penalty/judgment.
•Transmitting any material that contains viruses,trojan horses,worms,time bombs,cancel-bots or any
other harmful/deleterious programs,snowshoeing;
YOU agree that CONTACT is, under no circumstances, responsible for the contents and/or accuracy of YOUR
messages or broadcasts and CONTACT will only transmit them on a basis of good faith that YOU use the Services in
accordance with these Terms. CONTACT will not be liable for any misuse of the Services by YOU.CONTACT is not
responsible for the views and opinions contained in any of YOUR messages or broadcasts.
CUSTOMER will not purposely route calls to high cost non-RBOC(Regional Bell Operating Company)areas for
origination or termination of telecommunications traffic on the CONTACT system.Calls may be monitored and
reported upon each billing cycle to ensure sound traffic patterns. Excessive routing of high-cost calls will be
addressed to customer by CONTACT and fines may be assessed to recover excess charges from CONTACT VoIP
termination companies.
7. Username/Password
As part of the registration process,YOU will need a username and/or password.YOU shall provide CONTACT with
accurate,complete,and regularly updated member profile information.YOU agree to notify CONTACT of any
known or suspected unauthorized use(s)of YOUR user account,or any known or suspected breach of security,
including loss,theft,or unauthorized disclosure of YOUR username or password.YOU shall be responsible for
maintaining the confidentiality of YOUR password.Any fraudulent,abusive, or otherwise illegal activity may be
grounds for termination of YOUR user account, in CONTACT's sole discretion,and YOU may be reported to
appropriate law-enforcement agencies.
8. Intellectual Property
YOU are permitted to access the Contact Sites,the Services, and any content provided by CONTACT(which may
include text, images, hosted software,sound files,video or other content,and may be provided via the Contact
Sites or otherwise)solely for the purpose of receiving information about CONTACT's business and products,
purchasing and utilizing the Services,communicating with CONTACT,or otherwise as stated on the CONTACT Sites.
CONTACT hereby grants a worldwide,fully paid-up, perpetual, non-exclusive, non-transferable license to YOU to
use the Contact Sites and Services solely for the purpose of operating the Contact Sites and using the Services.
WE may have copyrights,trademarks, patents,trade secrets,or other intellectual property rights covering subject
matter in the Services, including the web pages that are part of the Services and the Contact Sites. Except as
expressly provided in these Terms,the availability of the Services and the Contact Sites does not give YOU any
license to these patents,trademarks,copyrights,or other intellectual property.All copyrights,trademarks, patents,
trade secrets and other intellectual proprietary rights contained in the Contact Sites are the sole property of
CONTACT or its licensors,each of whom reserves all rights with regard to such materials.YOU acknowledge and
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agree that YOU may not copy, reproduce, retransmit, modify,alter,create any derivative works, reverse engineer,
decompile,or disassemble any portion of the Services or Contact Sites,including any proprietary communications
protocol used by the Services or the Contact Sites without the express written permission of CONTACT.All other
trademarks or trade names are the property of their respective owners,and such material may not be copied,
downloaded, redistributed, modified or otherwise exploited, in whole or in part,without the permission of the
owner.
9. Data Protection&Privacy
To ensure YOUR compliance with these Terms and to ensure that CONTACT complies with national laws and repair
or maintenance of the services,WE may,from time to time, randomly check the messages and broadcasts that YOU
send. Nonetheless,WE are committed to maintaining the privacy of YOUR information, pursuant to OUR Privacy
Policy. Except as otherwise required for YOUR use of the Services as contemplated herein, CONTACT does not want
YOU to,and YOU should not,send any confidential or proprietary information to CONTACT via the Contact Sites or
the email addresses referenced on the Contact Sites. CONTACT agrees not to use any data supplied from YOU in
the use of any Services,except to provide the Services,and cannot sublicense,sell,or transmit the data outside of
its specific use as part of providing the Service.
YOU further recognize that CONTACT does not want YOU to,and YOU warrant that YOU shall not, provide any
information or materials to CONTACT that is defamatory,threatening,obscene, harassing,or otherwise unlawful, or
that incorporates the proprietary material of another.
CONTACT is compliant with the following standards:
• HITRUST
• SOC 2
• AICPA
• PCI
• ISO 27001
• HIPPA
• Privacy Shield Framework
10.Telephone Numbers(Long Codes)/Short Codes
YOU understand that CONTACT owns the service line number(telephone number/long code/short code)
provided as part of this service and that the number provided is exempt from the FCC number portability
requirements and no portability is available. CONTACT reserves the right to change line numbers assigned to
customer's service line,or cancel the service provided at any time.
11. No Warranty;Limitation of Liability
CONTACT reserves the right to modify,suspend, or discontinue the offering of any of the Contact Sites or Services
at any time for any reason without prior notice. Further,while CONTACT utilizes electronic and physical security to
reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee
the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party
interception in transit, nor for any damage which may result to YOUR computer or other property by YOUR use of
the Contact Sites or Services.
YOU acknowledge that text messages and voice broadcasts are transmitted unencrypted and that eavesdropping of
communications by third parties is possible.
CONTACT shall use commercially reasonable efforts to make access to the Services available through the required
access protocols but makes no warranty or guarantee that(i)the Services will be available at any particular time;or
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(ii)YOU will be able to access the Services at any particular time or from any particular location.CONTACT will not
be liable for any act or omission of any other company or companies furnishing a portion of the Services(including,
without limitation communications carriers or ISPs),or from any act or omission of a third party, including those
vendors participating in CONTACT offerings made to YOU,or for equipment that it does not furnish,or for damages
that result from the operation of customer-provided systems,equipment,facilities or services that are
interconnected with the Service.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY,THE CONTACT SITES AND SERVICES ARE
PROVIDED"AS IS"AND"AS AVAILABLE,"WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED
OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE
TERMS,CONTACT DOES NOT WARRANT THAT THE USE OF THE CONTACT SITES OR SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED TO ANY INTERRUPTIONS TO THE SERVICES
CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES(E.G., "HACKING") NOR SHALL
CONTACT BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS
OF THE CAUSE. FURTHERMORE,CONTACT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE CONTACT SITES OR SERVICES WILL MEET ANY
OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS.CONTACT
MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND
WARRANTIES OF ANY KIND,WHETHER EXPRESS,STATUTORY OR IMPLIED,ORAL OR WRITTEN,WITH RESPECT TO
THE SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE,ACCURACY, RELIABILITY,COMPLETENESS,OR TIMELINESS OF THE MATERIAL,
SERVICE,SOFTWARE,TEXT,GRAPHICS OR LINKS,AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING,
COURSE OF PERFORMANCE OR USAGE OF TRADE.CONTACT SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY
FOR ANY INDIRECT, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES(INCLUDING,WITHOUT LIMITATION,ANY
DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF
ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL),OR
FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS,
WHETHER IN AN ACTION IN CONTRACT,TORT,STRICT LIABILITY OR NEGLIGENCE, OR OTHER ACTIONS, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTACT SITES OR SERVICES RESULTS IN
THE NEED FOR SERVICING OR REPLACING EQUIPMENT,SOFTWARE, OR DATA,CONTACT IS NOT RESPONSIBLE FOR
THOSE COSTS. CONTACT'S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE CONTACT SITES OR SERVICES FOR
DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION
FEE PAID BY YOU TO CONTACT HEREUNDER.
12. User Warranties;Indemnification
YOU warrant and represent to CONTACT that YOU have all necessary rights, power,and authority to agree to these
Terms and perform YOUR obligations hereunder,and nothing contained in these Terms or in the performance of
such obligations will place YOU in breach of any other contract or obligation.YOU further warrant and represent
that YOU are and shall at all times remain in full compliance with all applicable laws, rules and regulations with
regard to YOUR use of the Contact Sites and Services, including without limitation the Telephone Consumer
Protection Act,the Telemarketing Sales Rule,the CAN-SPAM Act(Controlling the Assault of Non-Solicited
Pornography and Marketing Act)of 2003,and all other laws and regulations concerning privacy,telemarketing,and
Internet marketing.
Both Parties agree to indemnify and hold harmless Each Other and its affiliates and each of their respective
officers,directors,shareholders,employees,agents,contractors, representatives,content providers and service
providers,from and against any and all losses,claims, obligations, liabilities, damages,settlements,costs and
expenses(including, but not limited to, consequential damages, incidental damages,special damages,
disbursements and attorneys'fees, including attorneys'fees incurred from counsel selected by Each Party in its sole
discretion)arising from or relating to any actual or threatened claim,suit,action, proceeding,governmental
investigation or enforcement action based upon or arising out of: (i) Either Parties breach of the above warranties;
or(ii)any use by Either Party,or an account or computer owned by CONTACT,of the Contact Sites or Services. Each
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Party agrees to cooperate as fully as reasonably required in the defense of any claim,suit,action, proceeding,
governmental investigation or enforcement action, but WE reserve the right, at OUR own expense,to assume the
exclusive defense and control of any matter in which Either Party is a named party and that is otherwise subject to
indemnification by the other Party. Each Party acknowledge and agree to be held liable for any and all damages
caused to Either Party as a direct result of a violation of local,state, national or international laws and regulations,
including but are not limited to those damages that may arise from a fraudulent, intentional or unintentional harm,
disability, unauthorized use of,or destruction to any and all equipment, licensing and/or services provided by
CONTACT to YOU.
13.Termination,Cancellation and/or Suspension by CONTACT
If at any time YOU breach these Terms,WE may elect to suspend,terminate,and/or cancel YOUR use of the
Services and/or recover any damages from YOU arising from the event(s)giving rise to the suspension,termination,
or cancellation.WE reserve the right to suspend the Services at any stage for any reason WE may deem necessary
to continue to provide OUR Services in a way that may be hindered by YOUR status as being OUR client,YOUR
financial status or the content of the messages or broadcasts originating from YOU.
Upon any such termination,cancellation,and/or suspension,YOU are still responsible for any obligations then
accrued.YOUR obligation to pay all amounts accrued and owed by YOU shall continue even after any suspension or
cancellation of YOUR access to the Services(in whole or in part). Upon termination,for any reason,YOU agree to
immediately cease using the Services and CONTACT shall have no obligation to YOU after any termination or
cancellation of these Terms.
The provisions regarding ownership, payments,warranties,and indemnifications will survive any suspension,
termination,or cancellation of YOUR use of the Services or Contact Sites. Upon cancelation, no further monthly
charges except for the accrued cost associated with sent messages will be incurred and due to CONTACT.
14.Termination by the User
YOU are free to terminate or cancel YOUR use of the Services at any time unless other terms have been agreed to
by Both Parties. Notwithstanding the foregoing, unless due to a breach solely by CONTACT that it fails to cure
within thirty(30)days of its receipt of YOUR notice, in no event shall CONTACT be obligated to refund to YOU the
reasonable value of any unused portion of the services previously purchased by YOU.
15.Security Rules
YOU are prohibited from violating or attempting to violate the security of the Contact Sites and Services and from
using the Contact Sites and Services to violate the security of other websites by any method, including,without
limitation: (a)accessing data not intended for YOU or logging into a server or account which YOU are not
authorized to access; (b)attempting to probe,scan or test the vulnerability of a system or network or to breach
security or authentication measurers without proper authorization; (c)attempting to interfere with service to any
user of the Contact Sites or Services, host or network, including,without limitation,via means of submitting a virus
to the Contact Sites,overloading, "flooding," "spamming," "mailbombing," or"crashing"; (d)sending unsolicited
e-mail, including promotions and/or advertising of products or services;or(e)forging any CONTACT packet header
or any part of the header information in any e-mail, instant message,text message or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. CONTACT may investigate violations
of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the
Contact Sites who are involved in such violations.
16. Force Majeure
CONTACT shall not be liable for any failure or delay in performing its obligations hereunder,which such failure or
delay is caused by fire,flood,earthquake,elements of nature or acts of God,acts of war, insurrection,terrorism,
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strike,failure or downtime of any telecommunications line and/or unavailability of any telecommunications or
Internet facilities, power failure,governmental restrictions,any court order,compliance with any law, regulation,or
order of any governmental authority,or any other cause beyond the reasonable control of CONTACT. In addition,
CONTACT shall be excused in the event it is unable to acquire from its usual sources,and on terms it deems to be
reasonable,any material necessary for the performance of the Services.
17.Choice of Law and Jurisdiction
This agreement shall be governed by,constructed and enforced in accordance with the laws of the State of
California,and both parties hereby stipulate and agree that jurisdiction and venue of any legal action pertaining to
this contract shall be in Fresno County,CA.
CONTACT may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action
YOU take or threaten to take in violation of the Terms of this agreement.
These Terms are only those stated herein,which shall constitute the complete agreement between the parties. No
terms and conditions stated in or attached to YOUR communications to CONTACT are applicable to these Terms in
any way and are not to be considered YOUR exceptions to the provisions of these Terms.
18. Miscellaneous
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of
any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid,that provision
will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full
force and effect and enforceable.
All notices required hereunder shall be in writing and will be deemed to have been duly given when received.
CONTACT may give notice to YOU by means of a general notice on the Contact Sites or Services, electronic mail to
YOUR e-mail address on record in CONTACT's account information,or by written communication sent by personal
delivery,fax,overnight courier,or certified or registered mail to YOUR address on record in CONTACT's account
information.
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** SIGNATURE PAGE **
This agreement is hereby entered into and authorized by:
Contact Wireless CUSTOMER: County of Fresno
Printed Name:Samantha Cochrane Printed Name: Gary Cornuelle
� Signature: Gary �Orr�uelle Digitally signed by Gary Connuelle
Signature:
l� Date:2023.10.16 15:58:41-07'00'
Date:10/3/2023 Date: 10/16/2023
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ATTACHMENT A
Pricing:
AM
(f�� a-YI%L QL IL .,
W Wire/ess
The Messaging Experts
Fresno County DCSS Quote
Product/Service Charge/Month/Account Number of Accounts Monthly Credits Total Monthly Charge
TxtPage Pro Accounts $19.00 80 3,000/account $1,520.00
Local Area Codes $1.00 80 $80.00
Dashboard $45.00 1 $45.00
NAF 13%of monthly total $213.85
Monthly Total $1,858.85
NAF-Network Access Fee
Message segment=160 characters
SMS Messages=1 Message Credit
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ATTACHMENT B
Special Payment Terms
PAYMENT TERMS:
The Customer agrees to pay all invoices issued under this agreement within 45 days of the invoice date. Failure to
honor the 45-day payment term may result in termination of this contract pricing agreement.
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