Terms of Service
Please read these terms carefully before using our services.
Last updated: January 2024
1. Acceptance of Terms
By accessing and using the services provided by ITSMH ("we," "our," or "us"), you accept and agree to be bound by the terms and provision of this agreement.
If you do not agree to abide by the above, please do not use this service.
2. Description of Service
ITSMH provides lead generation and pay-per-call services, including:
- Pay Per Call services for qualified inbound calls
- Lead generation and qualification services
- Advanced tracking and analytics
- Campaign management and optimization
- Performance reporting and insights
3. User Responsibilities
As a user of our services, you agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials
- Use our services in compliance with applicable laws
- Not engage in fraudulent or deceptive practices
- Respect intellectual property rights
- Not interfere with the operation of our services
4. Payment Terms
Payment terms for our services include:
- All fees are billed in advance or upon service delivery
- Payment is due within 30 days of invoice date
- Late payments may result in service suspension
- All fees are non-refundable unless otherwise specified
- Prices are subject to change with 30 days notice
5. Service Level Agreement
Our service commitments include:
- 99.9% uptime for our platform
- 24-hour response time for support inquiries
- Lead quality guarantees as specified in individual agreements
- Regular performance reporting and optimization
6. Intellectual Property
All content, features, and functionality of our services are owned by ITSMH and are protected by international copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, or create derivative works without our express written consent.
7. Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms of Service.
We implement appropriate security measures to protect your data and comply with applicable data protection laws.
8. Limitation of Liability
To the maximum extent permitted by law, ITSMH shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use.
Our total liability shall not exceed the amount paid by you for the services in the 12 months preceding the claim.
9. Indemnification
You agree to indemnify and hold harmless ITSMH from any claims, damages, or expenses arising from your use of our services or violation of these terms.
10. Termination
Either party may terminate this agreement:
- With 30 days written notice
- Immediately for material breach of terms
- Upon non-payment of fees
Upon termination, you will lose access to our services and any unused credits or prepaid amounts may be forfeited.
11. Dispute Resolution
Any disputes arising from these terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
The arbitration shall take place in New York, NY, and the decision shall be final and binding.
12. Governing Law
These terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
13. Changes to Terms
We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting on our website.
Your continued use of our services after changes constitutes acceptance of the new terms.
14. Severability
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.
15. Entire Agreement
These terms constitute the entire agreement between you and ITSMH regarding the use of our services and supersede all prior agreements and understandings.
16. Contact Information
If you have any questions about these Terms of Service, please contact us:
Email: hello@itsmh.com
Phone: +1 (888) 261-0136
Address: 2055 Limestone Road, STE 200-C, Wilmington, DE 19808