Terms and Conditions | Blessed Empire Services

Terms of Service

Agreement

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Blessed Empire Services, BES CRM , doing business as Blessed Empire Services, BES CRM ("BES CRM", “Blessed Empire Services, “we”, “us”, or “our”), regarding your access to and use of the https://blessedempireservices.com/ and https://app.blessedempireservices.com/ website as well as any other media form, media channel, mobile website, or anything associated, linked, or otherwise connected thereto (collectively, the "Site"). You acknowledge that by accessing the Site, you have done so voluntarily and voluntarily agreeing to be bound by all of the Terms of Use. YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST IMMEDIATELY DISCONTINUE USE IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE.

It is expressly agreed that any additional terms and conditions or documents that may occasionally be placed on the Site shall be deemed to be a part of this agreement. In our sole discretion, we reserve the right to alter or amend these Terms of Use whenever we see fit. You renounce any claim to particular notice of any modification and shall be informed of such updates by an update to the "Last updated" date in these Terms of Use. To be aware of revisions, it is your duty to examine these Terms of Use on a regular basis. Your continued use of the Site following the date that any updated Terms of Use are posted will constitute acceptance of, and subject you to, the changes in such revised Terms of Use.

The information on the Site is not intended to be shared with or used by any individual or organization in any area or country where doing so would be against the law or regulation or subject us to any registration requirements in that jurisdiction or country. In light of this, anybody choosing to use the Site from another country or region does so at their own free will and is solely responsible for adhering to local laws, if and to the extent local laws are relevant.

You are not permitted to use this site if your interactions would be governed by legislation such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or others since the Site is not designed to comply with such rules. The Gramm-Leach-Bliley Act (GLBA) isn't allowed to be broken by how you use the website.

Users who are at least 18 years old are only permitted to use the website. The Site cannot be used by or registered for by anyone under the age of 18.

Services

You can subscribe to a variety of product integrations and services (collectively referred to as "Services") that Blessed Empire Services, BES CRM offers on the Platform. All references to the Platform also pertain to the Services. All Services are subject to these Terms of Service and the supplementary clauses below. To the extent that the additional terms referenced below and these Terms of Service directly contradict with one other, the terms in these Terms of Service shall control.

a. A right to Modify the services. We reserve the right to introduce new features into the Services, including adjustments that might change how the Services previously functioned. Even while we think these changes will improve the Services generally, you could have a different perspective.

b. No Contingency on Further Releases and Improvements. You acknowledge that your purchase of Services on or through the Platform is not reliant on our delivery of any upcoming updates to any functionality or features, including but not limited to the continuation of a specific Service past its current subscription term or any services provided by third parties.

c. As-Is. Except as expressly specified otherwise in this Agreement, the Platform is supplied "as is," as further described in the disclaimer section below.

d. Features. Although some features and words used in conjunction with the Platform and Services, such as "power dialer," may resemble those offered by others, they are unique to our Platform.

e. Additional Terms. Specific services and programs made available by Blessed Empire Services, BES CRM on the Platform may also be subject to additional terms. These Terms of Service shall control to the extent of any inconsistency.

Intellectual Property Rights

Unless otherwise stated, the Site is our property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are our property and are protected by copyright and trademark laws as well as other intellectual property rights and unfair competition laws. For your information and only personal use, the Content and the Marks are given on the Site "AS IS." Except as expressly permitted in these Terms of Use, no part of the Site, including any Content or Marks, may be disseminated, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written consent.

You are granted a limited license to access and use the Site, as well as to download or print a copy of any portion of the Content to which you have lawfully gained access, exclusively for your own private, non-commercial use. This is granted as long as you are qualified to use the Site. We hold all ownership rights to the Site, the Content, and the Marks that are not otherwise explicitly given to you.

Prohibited Uses

The Platform may only be used by you, your employees, and your end-user clients ("Clients") in compliance with these Terms of Service and for legitimate reasons. You acknowledge that you, your staff, and your customers will not:

Use the platform or any services in any way that is against the law or the rules.

Use the platform or any services in any way that is against the law or the rules.
Utilize the Platform or any Services in order to hurt, exploit, or attempt to harm anybody in any way.
Sending, receiving, uploading, downloading, using, or reusing content that violates these Terms of Service is prohibited.
Delivery any unauthorized advertising or promotional materials, such as "junk mail," "chain letters," "spam," or any other similar solicitation, or arranging for the sending of such materials.
Impersonate or make an attempt to impersonate Blessed Empire Services, BES CRM, a Blessed Empire Services, BES CRM employee, another user, or any other person or organization (including, without limitation, by using email addresses associated with any of the foregoing).
Engage in any other behavior that prevents someone from using or enjoying the Platform or any Services, or that, in the judgment of Blessed Empire Services, BES CRM, may endanger Blessed Empire Services, BES CRM or Platform users or expose them to respond.
Violate any local, state, or federal laws. Including the Telephone Consumer Protection Act (TCPA), Do not call list (DNC), CAN-SPAM Act, and/or any local laws and regulations that pertain to your specific business
Use, launch, develop, or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, as well as using or launching any unauthorized script or other software, unless it results from normal search engine or Internet browser usage.
Any material that functions as a passive or active information collection or transmission mechanism should not be uploaded, transmitted, or attempted to be transmitted. Examples include clear graphics interchange formats (gifs), 11 pixels, web bugs, cookies, and other similar devices (also known as "spyware," "passive collection mechanisms," or "pcms").
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other content, such as excessive capitalization and spamming (repeatedly posting the same message), that obstructs another party's uninterrupted use and enjoyment of the site or that alters, impairs, disrupts, or interferes with the site's use, features, functions, operation, or maintenance.
Copy or modify the website's code, including but not limited to JavaScript, PHP, HTML, or Flash.
Any of our employees or agents working to deliver any part of the Site to you may not be subjected to harassment, annoyance, intimidation, or threat.
Attempt to get around any security measures in place on the site that are meant to keep people from accessing it or certain areas of it.
decipher, decompile, disassemble, or reverse engineer any software that makes up or otherwise constitutes a component of the Site.
Use the website to try to outdo us, or in any other way to make money by running a business or using the website and/or content for any other purpose.
Make improper use of our support services or submit false reports of abuse or misconduct.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
Use, launch, develop, or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, as well as using or launching any unauthorized script or other software - aside from what may be the result of standard search engine or Internet browser usage.

Your Use Of Communications Features of the Services

The services offered by Blessed Empire Services, BES CRM for your usage may include phone calling, email, SMS, MMS, and other types of communications. Blessed Empire Services, BES CRM is the supplier of these services. You concur that:

You agree that you understand and will abide by all applicable laws, including the Telephone Consumer Protection Act ("TCPA") and the CAN-SPAM Act, and that you alone are responsible for all communications transmitted through the Services.
You are aware that if you don't follow the law when using the services, you risk breaking the rules. Blessed Empire Services, BES CRM is not responsible for your compliance with laws and does not represent that your use of the Services will comply with any laws. To make sure your communications adhere to applicable law, you should get legal counsel.
Blessed Empire Services, BES CRM is a provider of communication service applications for technology platforms exclusively. Blessed Empire Services, BES CRM does not initiate, transmit, or deliver any SMS, MMS, email, or other forms of communication to any recipient
Any communications are created or started by you, not by Blessed Empire Services, BES CRM. The message, timing, sending, preventing fraud, and call blocking are all under your control. The Service is entirely reactive and only sends messages in accordance with your requests and instructions. All communications, including but not limited to SMS, MMS, and email, are started and created by you and/or your clients, whether they are delivered manually through the Services at your request or automatically as part of communications established by you.
Customers who have explicitly optedin too your communications program and agreed to receive your communications (whether by SMS, MMS, email, voice communication, or another method) in accordance with applicable law, including without limitation the TCPA, are the only individuals whose data is provided to Blessed Empire Services, BES CRM through any method, including without limitation by inbound text, data imports, tablet sign-ins, API calls, or manual entry.

Excessive Data Usage

The Service can be delayed or unavailable as a result of your excessive data use. Your excessive data usage may have an impact on how well the Service performs, but we are not responsible for it. If, in our sole discretion, we decide that your use of data is excessive, abusive, or negatively impacts the Services in any other manner, we may: (1) suspend or terminate your use of the Service; or (2) decrease the amount of data you are able to use, with or without prior notice.

Data Stored on Our Servers

You acknowledge that, subject to our Privacy Notice, we are not liable or responsible in any way for any content kept or sent on or through the Platform that is lost or deleted. You agree that we reserve the right to delete or deactivate accounts that have not made a membership Fee payment, that have been inactive for more than one (1) year, or that have broken one or more conditions of this Agreement.

Third Party Content

Third-party content may be included on this platform. All assertions and opinions made by third parties are strictly the views and the liability of the person or organization that made them. These resources may or may not represent the views of Blessed Empire Services, BES CRM. The accuracy or content of any materials given by third parties are not the responsibility of Blessed Empire Services, BES CRM.

User Representation

By using the Site, you guarantee that the following things are true, accurate, current, and complete: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and agree to abide by these Terms of Use; (4) you are not a minor in the country in which you reside; and (5) you won't access the Site using automated or non-human means.

We reserve the right to deny any and all current or future use of the Site if you provide any information that is incorrect, inaccurate, out-of-date, or incomplete (or any portion thereof).

User Registration

You may need to register with the website. You consent to maintaining the privacy of your password and accepting responsibility for all activities that occur under your account or with your password. If we decide, in our sole discretion, that the username you choose is improper, offensive, or otherwise objectionable, we have the right to remove, reclaim, or replace it.

Fees and Payment

We accept the following forms of payment: Visa, Mastercard, American Express, Discover.

On special cases we can consider using PayPal, Wise, Payoneer, but this is not always be available.

To access any of our services, you might need to make a purchase or pay a charge. For any purchases made through the Site, you promise to supply information that is up to date, complete, and accurate. In order for us to execute your transactions and get in touch with you as necessary, you also consent to immediately updating your account and payment information, including your email address, payment method, and credit card expiration date. For purchases made through the Site, we bill you using a web-based billing account. As required by us, sales tax will be charged to the cost of purchases. Prices are subject to change at any time. Every payment must be made in US dollars.

You permit us to charge your preferred payment method for any such sums at the time of purchase in exchange for your agreement to pay all charges or fees at the rates in place at the time of your purchases. If your purchase is subject to recurring charges, you agree that we may charge your payment method repeatedly without your prior authorization, up to the time you let us know you want to cancel.

Even if we have already asked for or received payment, we reserve the right to remedy any typographical or pricing errors. Additionally, we have the right to reject any order made through the website.

Cancellation

Termination for Convenience: Either party may terminate this Agreement in whole or in part, for any reason or no reason, upon 30 days' prior written notice to the other party.

Termination for Cause: Either party may terminate this Agreement immediately upon written notice if the other party:

Breaches any material term of this Agreement and fails to cure such breach within 30 days after receiving written notice of the breach;
Becomes insolvent, files for bankruptcy, or undergoes dissolution or liquidation proceedings; or
Engages in conduct that materially and adversely affects the other party's ability to perform its obligations under this Agreement.

Effect of Termination: Upon termination of this Agreement for any reason:

The parties shall cease all activities under this Agreement, except as otherwise provided herein or as required to wind down ongoing projects;
Client shall pay Service Provider for all services provided and expenses incurred up to the termination date, as outlined in the applicable Statement of Work (SOW);
Each party shall promptly return to the other party any property, materials, or confidential information belonging to the other party; and
Any provisions of this Agreement that by their nature extend beyond termination, including but not limited to confidentiality, indemnification, and limitations of liability, shall survive termination.

No Liability for Termination: Neither party shall be liable to the other party for any damages, compensation, or reimbursement on account of the termination or expiration of this Agreement, except as expressly provided herein or required by law.

Dispute Resolution: Any dispute arising out of or relating to the termination of this Agreement shall be resolved in accordance with the dispute resolution provisions set forth herein.

Submissions

You understand and agree that any queries, remarks, recommendations, ideas, suggestions, feedback, or other details you give to us on the Site (collectively, "Submissions") are non-confidential and will be our exclusive property. We will hold the sole and exclusive rights, including all intellectual property rights, and will be free to use and distribute these Submissions for any lawful purpose, whether commercial or not, without your consent or payment. You hereby relinquish any moral rights you may have in any such Submissions, and you hereby guarantee that any such Submissions are either your own original work or that you have the legal authorization to submit them. You acknowledge that we are immune from legal action in the event that your Submissions are actually or allegedly infringe upon or misappropriate any proprietary right.

Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole judgment, violates the law or these Terms of Use, including without limitation reporting such user to law enforcement authorities; and (3) in our sole judgment and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible), any of your rights; (4) remove from the Site or otherwise disable any files or content that are excessively large or otherwise burdensome to our systems at our sole discretion and without restriction, notice, or liability; and (5) otherwise manage the Site in a way that promotes its proper operation while safeguarding our rights and property.

Privacy Policy

Data security and privacy are important to us. Please take a look at our privacy statement at https://blessedempireservices.com/privacy-policy. You consent to be governed by our Privacy Policy, which is incorporated into these Terms of Use, by using the Site. Please be aware that the Website is hosted in the USA. If you access the Site from a country or territory where the laws or other requirements governing the collection, use, or disclosure of personal data differ from those that apply in the United States, you are transferring your data to the United States through your continued use of the Site, and you consent to having your data transferred to and processed in the United States.

Disclaimer

Without any express or implied warranties of any kind, including but not limited to the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement, the platform and the services made available through it are provided "as is" and "as available."

Without limiting the aforementioned, WE DO NOT WARRANT THAT (A) THE PLATFORM, THE PLATFORM CONTENT, OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM, THE PLATFORM CONTENT, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C), THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SERVICES OFFER.

You agree that we are not responsible for any changes to, interception of, or loss of your data while it is being transmitted via the Internet or a telecommunications provider's network because you acknowledge that these networks are inherently insecure.

By using the platform, using the services, or downloading or otherwise acquiring any products or platform content through the platform, you agree that you are solely responsible for any computer system damage or data loss that results from such activities.

You acknowledge that any harm to your computer system or data loss resulting from using the platform, using the services, or downloading or otherwise obtaining any products or platform content through the platform is completely your responsibility.

ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR THE BLESSED EMPIRE SERVICES TEAM. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THE PLATFORM.

THE SERVICE PROVIDER RESERVE THE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU, AND WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES.

Terms and Termination

While you use the Site, these Terms of Use will still be in full force and effect. Without limiting any other provision of these Terms of Use, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY.

You are forbidden from registering and setting up a new account in the name of any third person, even if you could be acting on their behalf, even if we terminate or suspend your account for any reason. We reserve the right to pursue appropriate legal action, including without limitation seeking civil, criminal, and injunctive redress, in addition to canceling or suspending your account.

Entire Agreement

The Terms of Service and our Privacy Notice, with the exceptions noted below, are the only and entire agreements between you and Blessed Empire Services with regard to the Platform, and they supersede all prior and contemporaneous agreements, understandings, representations, and warranties, both written and oral, with regard to the Platform. The use of any other document shall not modify, supplement, or amend these Terms of Service (s).

An independent contract between you and Blessed Empire Services may be made. Any different contracts you may have with Blessed Empire Services are deemed to be a part of your overall agreement with them. In the event of a discrepancy between the terms of your individual agreement with Blessed Empire Services and the provisions of these Terms of Service, the latter will take precedence.