Terms and Conditions

Terms and Conditions

Use of Service: Subscriber agrees that no service provided will be used for illegal purposes. Any

subscriber discovered to be using services contrary to the law will be subject to immediate cancellation

without notice.

Currency: All services are charged in American Dollars.

Rates and Terms: Rates quoted are based upon initial information provided by the subscriber and are

subject to adjustment at the time that the subscriber provides instructions for handling the account. The

service agency reserves the right to incur a percentage rate increase annually.

Telephone Number Assignments: The subscriber has no proprietary rights to an assigned telephone

number. The subscriber acknowledges that all telephone numbers are assigned on a rental basis only

and remain under the control of Right Cloud Contact Center, unless otherwise agreed upon. Telephone

number assignments are issued as a courtesy in advance of service and are not guaranteed until service

is activated. All numbers are subject to change by Right Cloud Contact Center; therefore, the subscriber

acknowledges and may not distribute the number to a third party. The subscriber shall not be entitled to

a number referral upon termination of service. Right Cloud reserves the right to cancel the service at

any time for any violation of phone agreement.

SMS Privacy Policy

Right Cloud Solutions Contact Center respects your privacy. By opting into our SMS messaging service,

you agree to the following terms regarding how we handle your data:

Data Collection: We collect your name and mobile phone number when you sign up for SMS updates.

Data Usage: We use your data solely for sending updates, promotions, and reminders related to our

products or services.

Data Security: We protect your data through encryption and secure storage measures to prevent

unauthorized access.

Data Retention: We retain your information as long as you are subscribed to our SMS service. You may

request deletion at any time.

Opt-Out: Reply STOP to any message to unsubscribe from our SMS list. After unsubscribing, we will

remove your number from our list within 24 hours.

Non-Sharing Clause: We do not share your data with third parties for marketing purposes. Your

information is only shared with our SMS service provider to enable messaging.

Confidentiality: We will hold in confidence all information concerning you or your affairs that we

acquire during our time together. We will not disclose any of this information to any other person

except a. to the extent necessary to enable us to carry out your instructions; or b. to the extent required

by law. You authorize Right Cloud (without further reference to you) to destroy all files and documents

for this matter up to 6 months after our engagement ends. 

Conflicts of Interest: We have procedures in place to identify and respond to conflicts of interest. If a

conflict of interest arises, we will advise you of this and follow the processes set out by Law.

Agreement /Contract Period: The subscriber agrees to use the service 1 of 5 ways. Month-to-month,

pay- as- you go for Shared Services Only, 90-day agreement, The 6-month agreement contract and the

1-year agreement contract.

Effective Date: The agreement will take effect on the date that the subscriber first starts services.

Billing: All base rates are billed on a month-to-month basis. Accounts are considered delinquent when

not paid by the day of the month when service started. Subject to a $20.00 late fee per month until the

account is current. Billing Discrepancies: In the event of billing discrepancies, it is necessary to notify

Right Cloud Contact Center immediately; no adjustment will be considered after the 60-day period.

Monthly Call Allowance: The monthly base rate call allowance includes all answered calls, messages,

non-messages, hang ups, voicemails etc. If a subscriber exceeds the call volume agreed upon then a

charge of $1.70 per call will be applied to each call beyond that call volume.

Returned Checks or Bank Fees: The subscriber agrees to pay a service charge of $35.00 for any check or

bank fee returned for any reason.

Collections Agency Fees/Attorney Fees: The subscriber agrees to pay all fees and / or cost of any action

instituted because of any legal dispute and / or the collection of monies due. Currency: All our services

are charged in American Dollars.

Cancellation-Escape Clause Early Termination: Things happen and sometimes contracts are terminated

for one reason or another. In the event your agreement cannot be honored, depending on the stage of

your campaign, 20% of the total contract shall be due upon cancellation. A written request for

cancellation via email, text or chat message is required. Requests to cancel services may be made by

notifying our Billing Department. 919-283-3623. All requests for service cancellation must be made 10

days prior to the renewal date. Failure to provide notice at least 10 days prior to the renewal date will

result in a full billable monthly cycle prior to cancellation. All outstanding invoices must be paid in full

prior to requesting cancellation.

Termination for Nonpayment: If subscriber defaults in the payment, any amount owed to Right Cloud

Contact Center will become due within thirty (30) days of the dispute, then Right Cloud will terminate

this agreement until a resolution is in place.

Employee Poaching: By purchasing our services, you agree not to attempt to poach our staff to work

with you or your organization. Should this agreement be breached, you hereby agree that you will be

liable to pay 1 year’s salary per poached employee in the sum of $35,000 per employee. You agree to

not work with any employee until 30 days after they have officially left our organization. Our

relationship with you is governed by United States law and has non-exclusive jurisdiction.

Refund Policy: All services rendered by Right Cloud Contact Center are non-refundable. This includes,

but it not limited to, setup fees, monthly fees, upgrade fees, professional services fees, and retainer

fees, regardless of usage. In addition, if the subscriber account is canceled by Right Cloud Contact Center

for violation of this agreement, all payments made to Right Cloud Contact Center become completely

nonrefundable. 

Refund Policy: All services rendered by Right Cloud Contact Center are non-refundable. This includes,

but it not limited to, setup fees, monthly fees, upgrade fees, professional services fees, and retainer

fees, regardless of usage. In addition, if the subscriber account is canceled by Right Cloud Contact Center

for violation of this agreement, all payments made to Right Cloud Contact Center become completely

nonrefundable. 

Subscribers agree not to charge back any credit card payments for services rendered. If a customer files

a charge back or other payment dispute, they will be in violation of this agreement and may be subject

to collection.

Payment Disputes: Any payment disputes must be submitted 10 days before the payment due date. If

determined that certain billing inaccuracies are attributable to Right Cloud, Right Cloud will not issue a

corrected invoice but will instead issue a credit specifying the incorrect amount in the affected

invoice.

If a disputed invoice has not been paid, Right Cloud will apply the credit amount to the disputed

invoice and Customer will be responsible for paying the resulting net balance due on that invoice.

Refunds (if any) are at Right Clouds discretion and will only be in the form of credit for the Services

provided. Nothing in this Agreement obliges Right Cloud to extend credit to any party.

Credit Card Payments: Where available, the subscriber authorizes Right Cloud to automatically debit

any credit/debit card(s) placed on file during the ordering process or via subsequent account updates on

the due date of each invoice. Autopay works best in concert our billing cycles. Otherwise, Invoices will

be sent to subscriber via email at the beginning of each billing period. Should the subscriber’s credit card

be declined for any reason, Right Cloud will contact subscriber to notify and to secure new payment

option or until the balance is paid in full. If Right Cloud is not able to charge the client’s credit card as

noted above for the full amount due, subscriber authorizes Right Cloud to split the total amount across

multiple debit transactions as a courtesy equaling the total amount due.

Indemnification: Under no circumstances shall Right Cloud Contact Center be held liable for damages

resulting from any interruption of service for an amount greater than the amount of the charges payable

by the subscriber for services during the period damages occurred. The subscriber also acknowledges

that in no case will Right Cloud Contact Center be liable for damages because of its own negligence in

excess of the charges payable by the subscriber for services during the period damages occurred. The

subscriber acknowledges that they make use of Right Cloud’s Contact Center services and facilities at

their own risk.

Arbitration. If any dispute arises between Right Cloud Contact Center and the Client with respect to this

agreement, either party may elect (but is not obligated) to submit the dispute to arbitration before a

panel of arbitrators in accordance with the North Carolina Arbitration Code by giving the other party a

notice of arbitration Agreement. If a party elects to arbitrate a dispute, arbitration will be the sole and

exclusive method of resolving the dispute, the other party must arbitrate the dispute, and each party

will be barred from filing a lawsuit concerning the subject matter of the arbitration, except to obtain an

equitable remedy.

Delinquent Payments; Suspension. Late payments may bear interest at the rate of 1.5% per month

(or the highest rate permitted by law, if less) from the payment due date until paid in full. Subscriber

will be responsible for all reasonable expenses (including attorneys' fees) incurred by Right Cloud

Contact Center collecting such delinquent amounts. Further, if Subscribers payment for the Services is

overdue, Right Cloud Contact Center may suspend the services.

Interruption of Service: Right Cloud shall take all precautions to provide continuous, 24-hour service,

however the subscriber acknowledges that Right Cloud Contact Center does not guarantee

uninterrupted service. Service is subject to interruption without notice as a result of a) loss of electrical

power to the facility, b) failure of telephone utility service, c) natural disaster, such as, flood, fire, or

earthquake, d) order by law enforcement or public agency to evacuate the premises, or e) equipment

malfunctions. The sole liability of Right Cloud to the subscriber for such an interruption is to provide a

pro-rata credit based upon the monthly service rate in effect, for each 24-hour period that service was

interrupted.

Errors and Omissions: Difficulties that may arise in the transmission of oral messages by telephone, text

or email. Right Cloud shall in no way be liable to the subscriber or its callers for any errors or omissions

in the transmission of calls.

Limitations of Liability: It is agreed that the fees paid to Right Cloud Contact Center are based solely

upon the value of services and the scope of liability as herein set forth. The subscriber shall be strictly

limited to the charges billed for providing services during the agreement period in which the claim

arises. To the extent permitted by applicable law and subject neither party will have any Liability

arising out of or relating to the agreement for any indirect, consequential, special, incidental, or

punitive damages or lost revenues, profits, savings, or goodwill.

Limitation on Amount of Liability: Each party's total aggregate liability for damages arising out of this

Agreement is limited to the Fees Client paid during the 6-month or 12- month period before the event

giving rise to Liability. Nothing in the Agreement excludes or limits either party's Liability for:

• Fraud or fraudulent misrepresentation.

• Obligations under for Indemnification.

• Infringement of the other party's Intellectual Property Rights.

• Payment obligations under the Agreement; or

matters for which liability cannot be excluded or limited under applicable law

or third-party claims against a subscriber.

Permanent Account Changes: The subscriber agrees that all permanent changes of instructions

regarding the handling of the account shall be delivered only to the assigned account manager. These

changes may be in writing (by mail, e-mail, messaging)