Anda Language Solutions Spanish Interpreters Membership Agreement, Terms, and Conditions
Effective Date: March 1, 2018. The following supersedes all prior Terms & Conditions. By participating or continuing to participate after the effective date, you agree to the following:
The following information forms the basis of participation in the Anda Language Solutions Spanish Interpreters Membership Agreement ("Anda" or “Service"). These Terms and Conditions ("Terms and Conditions") are intended to protect the members of Anda ("Members"), and Anda Spanish, LLC ("Anda" or "We"). Your participation in this Program will be governed by these Terms and Conditions, and it is your responsibility to read and understand all of them. If you require clarification or further information, you may email email@example.com. Membership and Cancellations . If the member has chosen the Service with a limited amount of monthly calls, the Member has a right to use these calls from the service location of his or her choosing. The Service has no predetermined termination date and may continue until such time as Anda decides to terminate the Service, at any time, with or without notice. As a member, you are charged by your Service Provider a monthly (or other periodic) fee as set forth your regional sales representative or on the website. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), such fees, applicable taxes, and other charges and fees incurred in order to use or access your membership. We reserve the right to increase fees, or to institute new fees at any time, upon advance notice communicated to you through a posting on the Website or such other means as we may deem appropriate (including email or conventional mail). In addition to the fees we charge you, you are responsible for all charges and fees associated with signing up for and using your membership, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access or use the Offerings, the Website and/or Apps. After your payment for your initial billing period, we will automatically charge your credit card (or other account, if applicable) up to 10 days prior to the start of each renewal period, unless you have cancelled your membership 10 days before you are charged for the relevant renewal period. Monthly payments are made one month in advance. Enrollment before the 10th of the month: dues for the remainder of the month are paid up front; the automatic draft will begin that month. Enrollment on or after the 10th of the month: dues for the remainder of the month and dues for the following month are paid up front; the automatic draft will begin the following month. Any member who joins and chooses to pay via ACH Draft, must make a 6-month commitment. If a member should choose to cancel before 180 days, the unpaid balance on the 6 month commitment is due on account. In order to end membership privileges, a cancellation must be requested by email to firstname.lastname@example.org to stop monthly draft payments. ****Note: Cancellation requested after the 10th of the month cannot be processed until the following month. Different tiers of Membership Essentials Member Professional Member Additional minutes Elite Member- This membership service provides the benefit of unlimited calls per day to Anda for the purposes of interpreting. The membership service with unlimited calls for interpreting is strictly limited to one service location. If the Member decides to contract Anda for services at an additional facility, a new agreement must be made. If the Member is discovered to be using the service from more than one location, the Membership can be immediately terminated under the sole discretion of Anda. All calls discovered to have been made from the separate service location can then be charged an additional per minute fee. Refunds- Our fees, including the full monthly fee for any month (or portion thereof) elapsed (regardless of whether you utilized your membership, participated in calls or logged onto the Website or Apps during that month), are nonrefundable except as set forth below: (1) If you subscribed to an annual membership savings plan and you decide to cancel during the period for which you have prepaid, (after six months) we will refund you the difference (if any) if the amount you paid is greater than the amount you would have paid for the months elapsed if you were subject to our standard pricing in effect during such time and not subject to a savings plan. (2) If you are canceling your subscription within 48 hours (or such other period as required by law) of your initial purchase, we will refund the full amount of such initial purchase. (3) If we terminate your membership (as opposed to you canceling your subscription), other than due to your violation of this Agreement, prior to the end of a period for which you have incurred a charge, we will refund any unused portion of such period on a pro rata basis. (4) If you cancel your subscription and are entitled to a full refund, we reserve the right to charge a fee to cover the cost to us of any administrative or other services you may have used prior to your cancellation, to the extent permitted by law. Limited LiabilityLimitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM (A) ACCESS TO, OR THE INABILITY TO ACCESS, THE INTERPRETERS, PHONE SERVICE, VIDEO SERVICE, WEBSITE AND/OR APPS; (B) THE USE OF ANY PRINTED MATERIAL; OR (C) UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR DATA. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR YOUR MEMBERSHIP. IF YOU ARE DISSATISFIED WITH ANY PORTION OF YOUR MEMBERSHIP, ANY PROVISION OF THIS AGREEMENT, OR ANY PRACTICE OR POLICY OF OURS (INCLUDING WITHOUT LIMITATION ANY CHANGE IN CONTENT, OR IN THE AMOUNT OR TYPE OF FEES ASSOCIATED WITH YOUR MEMBERSHIP), YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF YOUR MEMBERSHIP. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.