|Terms of Service/Member Agreement
Thanks for using HelpByPhone!
HelpByphone is an online platform that connects customers looking for advice on various topics and advisors who have knowledge about specific topics (the “HelpByPhone Service
” or “HelpByPhone Site”).
The HelpByPhone Service is a subsidiary of Help By Phone LLC and includes services provided on our websites HelpByPhone.com & BillPerCall.com (Referred to as “HelpByPhone
” or “We
”). Please read carefully the following terms and conditions (“Terms of Service
HelpByPhone reserves the right to modify these Terms of Service at any time and will make reasonable efforts to notify users when it has done so.
Who Our Site is Meant For
HelpByPhone is meant to be used only by persons aged 18 or older. Any access to or use of the HelpByPhone Service by anyone under 18 is expressly prohibited. By accessing or using HelpByPhone you represent and warrant that you are 18 or older.
“Advisor” refers to a person who offers advice and information (“Advisor Services”) to Customers on the HelpByPhone site.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication.
“Credit” refers to the currency used on our site. Customers buy Credit in order to initiate a Transaction and get advice from our Advisors.
“Customer” refers to a person is seeking advice on a specific topic.
"Transaction" means any live conversation or call that occurs between a Customer and Advisor through the HelpByPhone Service..
“User” means any user of the HelpByPhone Service, and may be a Customer or an Advisor. To the extent you are a Customer, the provisions in this Agreement regarding Customers apply to you. To the extent you are an Advisor, the provisions in this Agreement regarding Advisors apply to you.
In order to access certain features of the HelpByPhone Service, such as for a Customer to request advice or for an Advisor to offer Advisor Services through the HelpByPhone Service, you must register to create an account (“Account”) and become a Member. To become a Member you must be at least 18 years old. Any registration by anyone under 18 is void. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. HelpByPhone reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not to disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify HelpByPhone of any unauthorized use of your Account.
- Buying credits
In order for a customer to make a Transaction or speak to an Advisor via the HelpByPhone Service, you need to buy Credits. For each Transaction, a certain amount of Credit will be deducted from your account. Unused Credit will be kept in your account for future use for up to 24 months. You can purchase HelpByPhone Credit using any payment method made available to you by HelpByPhone which includes all major credit cards.
The Auto-Recharge feature can be enabled when you buy HelpByPhone Credit when you check the appropriate box. Your HelpByPhone Credit balance will be recharged with any amount that you chose and by the payment method you chose when you first signed up for Auto-Recharge, unless you subsequently change the amount by accessing your Account. For example, the chosen recharge amount will be charged to your credit card each time your account balance goes below the threshold set in your HelpByPhone account. If you do not want to enable Auto-Recharge, please uncheck the box. You can disable Auto-Recharge at any time from your Account.
- Deactivation of your account
Your account may be deactivated if your payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your membership subscription.
HelpByPhone Only Provides a Venue
The HelpByPhone Service is a communications platform for enabling Transactions between Customers and Advisors. HelpByPhone does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any ratings provided by Users, Advisor Services provided by Advisors, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. HelpByPhone cannot confirm that the Users are who they claim to be. HelpByPhone does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Service.
- User Responsibilities. HelpByPhone does not select, screen, approve, endorse or limit its Advisors. We do not make any warranty of quality or fitness and under no circumstances may HelpByPhone be held liable for the actions or omissions of any Advisor performing Advisor Services for you. Information on the Website, including but not limited to information posted publicly on the Site, and other User Content does not reflect any endorsement or approval by HelpByPhone. HelpByPhone does not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such User Content or the qualifications of those posting User Content. HELPBYPHONE SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY USER CONTENT YOU ENCOUNTER ON OR THROUGH THE WEBSITE, AND ANY USE OR RELIANCE ON USER CONTENT IS SOLELY AT YOUR OWN RISK.
- Advisors. You acknowledge that Advisors are not the employees or agents of HelpByPhone. All Advisors who offer their services to perform consulting services for other users operate independently from HelpByPhone. HelpByPhone reserves the right remove any Advisor account from the HelpByPhone website.
Beyond the terms and conditions of the Terms of Service, Advisors agree to comply with the below requirements in providing Advisor Services. Without limiting any other remedies HelpByPhone may have, HelpByPhone may immediately terminate your membership and use of the service without notice if we believe that you have violated any of the following requirements.
- Continuously provide truthful, current and complete information, including, without limitation, correct representation of skills, degrees, qualifications, credentials, background and other information in your listed;
- Promise not to misrepresent yourself or create a misleading profile listing;
- Not provide any Advisor Services which require a professional license, such as a physician, other health practitioner, attorney, accountant or financial planner, unless you have a valid professional license in the relevant jurisdiction(s) and such license allows for providing Advisor Services through the Site. If you do not have a valid professional license in the relevant jurisdiction for any professional services, you may not provide such services through the Site.
HelpByPhone also specifically reserves the right to remove an Advisor account from our Service for any of the following reasons:
- If an Advisor profile and phone extension receive no activity for 3 months or longer;
- If an Advisor profile receives below average ratings from Customers;
- If HelpByPhone learns that an Advisor is violating the email protocols set forth in the CAN-SPAM act, such as by engaging in bulk email spamming or using emailing programs and email list generators to promote your services.
General Restrictions and Prohibitions
All Users agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the HelpByPhone Service, or any individual element within the HelpByPhone Service, HelpByPhone’s name, any HelpByPhone trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without HelpByPhone’s express written consent;
- Access, tamper with, or use non-public areas of the HelpByPhone Service, HelpByPhone’s computer systems, or the technical delivery systems of HelpByPhone’s providers;
- Attempt to probe, scan, or test the vulnerability of any HelpByPhone system or network or breach any security or authentication measures;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or chain letters;
- Use the HelpByPhone Service for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the HelpByPhone Service or Service Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the HelpByPhone Service;
- Collect or store any personally identifiable information from the HelpByPhone Service from other users of the HelpByPhone Service without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
HelpByPhone will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that HelpByPhone has no obligation to monitor your access to or use of the HelpByPhone Service, or to review or edit any Content Members post, but has the right to do so for the purpose of operating the HelpByPhoneService, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. HelpByPhone reserves the right, at any time and without prior notice, to remove or disable access to any Content, that HelpByPhone, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the HelpByPhone Service.
Direct Deposits take place from the 25th to the 27th of the month payable for the preceding month's activity. A reserve in the amount of 10% of each calendar month’s gross revenue may be held for a period of 90 days if high risk card processing is suspected. Each month’s reserve amount will be released on the immediate payout date following the 90 day reserve period. BillPerCall.com may modify its reserve percentage, and length of reserve at any time based on Clients transaction history. After one year with a low chargeback rate the percentage may be reduced or the reserve may be removed. The average chargeback rate with our clients has been steadily less than half of one percent. The client will be held financially responsible for the result of any and all chargebacks for the full amount of each chargeback plus the $25 fee that our merchant bank charges. A chargeback occurs when a party declines to pay the charges they were billed by their credit card company for calls placed to the client’s 1-800 number. Each month the client will receive a statement providing complete details of any chargeback activity.
Copyright and IP Policy and Reporting Infringement
HelpByPhone respects copyright law and expects its users to do the same. If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:
- Identification of the copyrighted or trademarked work that you claim has been infringed;
- Identification of the allegedly infringing content, and information reasonably sufficient to permit Yelp to locate it on the Site (e.g., the URL for the web page on which the content appears);
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;
- A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
You can send us your copyright or trademark notices by mail to:
2360 Corporate Circle - Suit 400
Henderson, NV 89074
Links to Third-Party Websites
The HelpByPhone Service may contain links to third-party websites, advertisers, services, or resources that are not owned or controlled by HelpByPhone. You acknowledge and agree that HelpByPhone has no control over and is not responsible or liable for: the availability or accuracy of such websites or resources; or the content, products, privacy policies, practices, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by HelpByPhone of such websites or resources or the content, products, practices, privacy policies, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources. You expressly relieve HelpByPhone from any and all liability arising from your use of any third-party website or services or third party content.
The failure of HelpByPhone to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HelpByPhone. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and HelpByPhone are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If you breach any of these Terms of Service, HelpByPhone will have the right to suspend or disable your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. HelpByPhone reserves the right to revoke your access to and use of the HelpByPhone Service at any time, with or without cause. In the event HelpByPhone terminates these Terms of Service for your breach, you will remain liable for all amounts due hereunder.
THE HELPBYPHONE SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HELPBYPHONE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HELPBYPHONE MAKES NO WARRANTY THAT THE HELPBYPHONE SERVICE OR SERVICE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HELPBY PHONE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, HELPBYPHONE SERVICE OR SERVICE CONTENT PURCHASED OR OBTAINED THROUGH THE HELPBYPHONE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE HELPBYPHONE SERVICE.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HELPBYPHONE OR THROUGH THE HELPBYPHONE SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE HELPBYPHONE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE HELPBYPHONE SERVICE. YOU UNDERSTAND THAT HELPBYPHONE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE HELPBYPHONE SERVICE, NOR DOES HELPBYPHONE MAKE ANY ATTEMPT TO VERIFY THE ACCURACY OF CONTENT POSTED BY THE USERS OF THE HELPBYPHONESERVICE. HELPBYPHONE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE HELPBYPHONE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE HELPBYPHONE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE HELPBYPHONE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE HELPBYPHONE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold HelpByPhone and its successors and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the HelpByPhone Service, or your violation of these Terms of Service.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE HELPBYPHONE SERVICE REMAINS WITH YOU. NEITHER HELPBYPHONE NOR ANY OTHER person or entity involved in creating, producing, or delivering the HELPBYPHONE Service will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, HELPBYPHONE SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR HELPBYPHONE SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS arising ouT of or in connection with thESE TERMS OF HELPBYPHONE SERVICE or from the use OF or inability to use the HELPBYPHONE Service, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the HELPBYPHONE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE HELPBYPHONE SERVICE, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not HELPBYPHONE has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of HelpByPhone used herein are trademarks of HelpByPhone. HelpByPhone and the HelpByPhone Logo are registered trademarks with the United States Patent and Trademark Office (USPTO) and are property of Help By Phone LLC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without HelpbyPhone’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. HelpByPhone may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
These Terms of Service constitute the entire and exclusive understanding and agreement between HelpByPhone and you regarding the HelpByPhone Service, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between HelpByPhone and you regarding the HelpByPhone Service.