Welcome new, current, or future Missed.com customer! Missed.com’s Bounce Rate Optimization technology helps generates hundreds of leads daily for our clients, and helps organizations get the most out of their investment into Digital Marketing.
Below you will find Missed.com’s terms and conditions of use. This Agreement constitutes a contract between you, the Customer (as defined by Missed.com’s statement of work, called the ‘Order Confirmation’), and us, Missed.com! These Terms govern your use of (and access to) the Services and the Missed.com site.
BY USING MISSED.COM SERVICES, ACCESSING THE MISSED.COM SITE, OR BY ALLOWING ANYONE ELSE TO USE OR ACCESS EITHER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Missed.com’s flagship services engage web visitors with a unique and compelling Call to Action designed to get website visitors to call your organization.
We don’t screen each caller, so we cannot and do not audit or endorse any communications done through the widget, nor are we responsible for any actions taken by callers in result to the tool.
We have the right to terminate any Services or accounts through which any IP has been infringed, or where use of the Services breaches any applicable law.
When you purchase a Missed.com subscription you get a non-exclusive and non-transferable right for your Authorized Number(s) (the quantity is specified in your Order Confirmation) to use the Services. While you can use the Services for any business purpose, it must be your own, and on your own company’s behalf. (Not your friends, partners or affiliates!) All Authorized Users must be employees of your company, unless they are your contracted external consultants who may use the Services exclusively on your behalf.
If you are a telemarketing agency or call center using the Missed.com Services on behalf of your client(s), you agree that:
Not much! Following our installment on your website, in most cases all you need is a working telephone. You are responsible for having all the hardware, and functioning website to use the Services. You are responsible for the activity on your account, as well as protecting your own password; please let us know as soon as you think there has been unauthorized use of your account or password.
The price and payment terms of your Services appear on your Order Confirmation. You may be able to pay by check, electronic wire, or credit card; inquire with Your Missed.com representative!
Unless otherwise specified in your Order Confirmation, payment is due upfront in a single lump sum and is invoiced at the start of your subscription (first-time customers) or in advance of your renewal (current customers). You are responsible for paying any applicable taxes which aren’t included in the price and will appear on your invoice.
All payment is non-refundable (unless otherwise specified here.) If you aren’t able to satisfy your payment obligations within 30 days of your invoice due date, we have the right to charge a Late Fee and/or suspend or terminate access to the Services.
We guarantee service levels of 99.5% uptime throughout your Term, one of the most aggressive by SaaS standards. If there were ever a technical outage of the Services though, we’ve got your back. Should such an outage ever make the Services unavailable to you for more than 3 consecutive business days following your notice to Missed.com, we will issue you a credit equal to the pro-rata length of the outage (based on your annual payment to Missed.com).
If you breach this Agreement, Missed.com has the right to suspend access to the Service immediately upon discovering your breach; you’ll have 30 days to cure that breach at which point we have the right to terminate.
Should we materially breach this Agreement (and can’t cure within 30 days of your written notice) you’re entitled to a pro-rata refund of the uncured Services.
Your current subscription…
Missed.com will provide Services until cancelled by client with 5 days written notice.
Under the performance package, Twelve months following the signature date on your contract, Missed.com will charge at a rate of $60 per month, with 50 minutes per month included, to service the widget.
We are proud of our software and our Services. We built them ourselves! We are pleased to grant you rights of use to these Services, and those rights are strictly limited to the ones granted here in Agreement. For example, you agree not to sell, re-sell, reproduce, duplicate, copy, modify, or otherwise exploit any portion or derivative of the Site or its contents; nor to use any data mining, robots, or similar data gathering and extraction tools.
All Services and all content on the Site (unless created by you or a third party) including software, code, trademarks or logos are owned by or licensed to Missed.com, and we reserve all rights not expressly granted in these Terms. You agree not to use Missed.com’s name, trademark, logo, or Missed.com generated content without our express written consent.
Unless due to gross negligence or willful misconduct, NEITHER PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL EXCEED THE PRICE OF YOUR CURRENT SUBSCRIPTION.
Neither Party will be liable for indirect, consequential or exemplary damages arising from or in connection with this Agreement. Consequential damages could include loss of profit, goodwill, data or business reputation. It also could mean the cost of replacing our Service with another.
We provide the Site and the Services “as is” without any warranty or condition of any kind.
What you are getting: Missed.com provides a “plug-and-play” tool. A more detailed description of the Services you are purchasing can be found in your Order Confirmation.
Our Services rely upon your internet connection, hardware, and network connectivity, and we cannot and do not guarantee uninterrupted, secure or error-free operation of the Site.
Simply Put: No information obtained from Missed.com or through the Site, whether oral or written, shall create any warranty not expressly stated in this Agreement. However, nothing herein will reduce warranties, rights, or remedies that you are entitled to by law.
Governing Law: Missed.com’s contracting legal entity, (appears on your Order Confirmation) corresponds to your country of residence and determines the area of governing law and jurisdiction for a potential dispute:
|Missed.com Legal Entity:||Area of Governing Law / Applicable Venue:|
|Missed.com||New York, United States|
If there were ever a dispute under this Agreement, the Parties will attempt to first resolve it amicably and in good faith.
Waiver/Severability: Waiving a breach of this Agreement won’t waive any other breach; failing to enforce any right under this Agreement won’t waive any other right.
Any provision of this Agreement deemed invalid won’t affect the others, and will assume its closest reasonable interpretation.
Assignment: Neither party may assign any rights in this Agreement (or the entire Agreement) without the other’s express written consent, unless in connection with its own merger or acquisition.
Entire Agreement: These Terms along with your Order Confirmation (this Agreement) constitute the entire agreement. ANY other spoken conversations, understandings, or terms and conditions, including Purchase Order terms, terms of a tender or RFP, or vendor registration terms are null & void and have no force and effect, even if produced subsequently to signature of the Order Confirmation, and even if Missed.com has started to provide Services. This Agreement may be only amended in writing if signed by an authorized representative of both Parties.
Survival: The following provisions shall survive the term of this Agreement: How Your Missed.com License Works, Intellectual Property, Warranty & Liability, Product-Specific Terms, Housekeeping, and any representations or warranties herein.
Notices: You agree that notices, including legal notices, may be sent by electronic mail to the email address listed on the Order Confirmation or another address notified by the receiving party.
Throughout these Terms (and the Order Confirmation), the following terms, when capitalized, will have the following meanings:
Agreement: These Terms in conjunction with your Order Confirmation and any other terms incorporated by reference.
Authorized Use: Use of the Services in strict accordance with the terms of this Agreement.
Authorized Phone Number: Any specific telephone line connected to the Missed.com account (as defined in the Order Confirmation) that Customer has authorized to use the Services solely on its own behalf. Also, defined as “Users.”
IP: Intellectual property.
Late Fee: 2% of the outstanding fees, or the maximum permitted by law.
Missed.com: The Missed.com legal entity as specified in your order confirmation. Also, defined as ‘we’, ‘us’, ‘our’ or ‘ours’.
Order Confirmation: The statement of work document which defines the Customer, describes Services purchased, contains payment terms & signature blocks.
The Parties: You and Missed.com, collectively.
Services: Those services provided by Missed.com (and third party providers, if any) as described in the Order Confirmation.
Site: Any site which has the domain or is a subdomain of http://www.missed.com/
Special Terms: Those terms specified in the ‘Special Terms’ box on the Order Confirmation. If they conflict with any Terms above, the Special Terms override.
Terms: These terms and conditions of use.
Third Party Content: Any and all content, advertising, products or other materials belonging to a third party.
Third Party Sites: Any and all third party websites.
You/you: Customer or agent of Customer as specified in the Order Confirmation. Also defined as ‘you’, ‘yours’, or ‘Customer’.
Thank you for visiting the Missed.com, website (the “Site”) subsidiary of THE REAL START LLC. Missed.com respects your privacy and we have created this privacy statement (“Privacy Statement”) to help you understand what information we collect and how that information is used. Your use of the Site is governed by this Privacy Statement. This Privacy Statement applies only to data collected by Missed.com through the Site and does not apply to data provided to Missed.com by any other means, such as in connection with services provided by Missed.com to customers under specific agreements between Missed.com and the customer.
We collect information from you when you use the Site with or without registration, upon registration, and when you place an order, subscribe to our newsletter, or respond to a survey. Upon registration and in connection with placing an order, you may be asked to enter certain personal information, such as your first and last name, email address, physical address, company name, phone number, and username and password. You are responsible for ensuring the accuracy of the information you submit to Missed.com in connection with your use of the Site. You are also responsible for your use of your password and its use by anyone to whom you disclose it or who obtains from you. If you use the Site without registration, the only information we collect will be non-personal information related to your IP address, web browser, and operating system information.
The information we collect from you in connection with the Site may be used in one or more of the following ways: to customize and personalize your experience using the Site (your information helps us to better respond to your individual needs); to improve customer service (your information helps us to more effectively respond to your customer service requests and support needs); and to send communications to you, including emails.
Missed.com uses a variety of third party advertising and analytic service to help analyze how you use the Site. Missed.com and these services use "cookies," which are text files placed on your computer, to collect standard Internet log information and visitor behavior information in an anonymous form. Some of the information generated by the cookies about your use of the website (including IP address) is transmitted to service providers and used to evaluate your use of the Site and to compile statistical reports on website activity and audience data for Missed.com. These services include Remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting. Using these services, third-party vendors, including Google, may show you ads on sites across the Internet. Additionally, these services can be used to report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our website. Missed.com also uses Audience and Interest data (such as age, gender, and interests) to improve our website content and advertising.
You may choose to accept or decline cookies. Most Web browsers automatically default to accept them, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings, then be aware that this may disable some of the functionality on our Website.
Google provides opt-out settings for Google Display Network Ads and Google Analytics for Display Advertising.
If you want to opt-out of Analytics for the web, visit the Google Analytics opt-out page and install the add-on for your browser. For more details on installing and uninstalling the add-on, please see the relevant help resources for your specific browser.
By registering, you consent to Missed.com sending you communications and marketing materials related to services or products provided to you by Missed.com or that may otherwise be of interest to you, including services or products of our partners or third parties. You will have an opportunity to opt-out of receiving marketing communications by following the instructions provided on the communication.
Missed.com is headquartered in the United States. We recognize that other countries and the European Community have established data protection regimes which may be more protective of any data you may provide. If you live outside the United States, by using the Site and providing information to us through the Site, including upon registration, you agree and consent to our collection, transfer, and processing of such data in accordance with this Privacy Statement under the applicable laws of the United States. When you use the Site, or provide information, you are solely responsible for compliance with any data protection or privacy obligations in your jurisdiction.
California Residents - Disclosure to Third Parties
Under California Civil Code sections 1798.83-1798.84, also known as the “Shine the Light Law,” California residents who use this Site are entitled to request and receive once a year, free of charge, a notice from us describing what categories of personal information we share with third parties for their direct marketing purposes. That notice will identify the categories of information shared, the third parties and affiliates with which it was shared, and their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the contact address below. In your request, please specify that you want a “California Privacy Rights Notice.” Please allow at least thirty days for a response.
If you wish to modify personal information previously provided on the Site, or if you have any questions regarding this Privacy Statement or this Site, please contact:
1 Duffield St, Suite #321
Brooklyn, NY 11201
You may also send privacy questions and requests to firstname.lastname@example.org.
We occasionally update this Privacy Statement to reflect changes in our products and services and customer feedback, or if required by applicable US law. When we post changes, we revise the “last updated” date at the top of this statement. Your use of the Site is subject to the then effective Privacy Statement.
This Search Engine Optimization and Reporting Agreement (“Agreement”) is hereby entered into between you, your employees and agents (collectively “Customer”) and applies to the purchase of all Search Engine Optimization and Reporting Services (hereinafter collectively referred to as “SEO Services”) ordered by Customer.
This Agreement shall be effective as of the time frame Customer signs up for SEO Services. This Agreement may be terminated by either party upon written notice to the other, if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by Missed.com (i) immediately if Customer fails to pay any fees hereunder; or (ii) if Customer fails to cooperate with Missed.com or hinders Missed.com’s ability to perform the SEO Services hereunder.
Missed.com agrees to provide Customer with SEO Services as described in this Agreement. Missed.com is authorized to use the specific keywords and/or phases provided by Customer for development, improving the ranking of, and/or positioning the contents of the Customer’s URL(s) in search engines and/or directories. SEO Services are intended to provide the Customer with preferential positioning in selected search engines and report results on an ongoing and timely basis. SEO Services include:
Research keywords and phrases to select appropriate, relevant search terms.
Submit Customer’s pages to search engines and directories as set forth in this Agreement.
Modify the title tags, meta tags, content, HTML code, URLs and other on-page factors.
Create positioning reports showing rankings in the major search engines and under which keywords.
Customer agrees to pay Missed.com any and all fee(s) as billed in accordance with this Agreement. The fee(s) must be received prior to the start of any SEO Services. THE CUSTOMER FURTHER AGREES THAT, IN THE EVENT OF ANY TERMINATION OF THIS AGREEMENT BY CUSTOMER, NO REFUNDS SHALL BE GIVEN UNDER ANY CIRCUMSTANCES WHATSOEVER. MISSED.COM IS HEREBY AUTHORIZED TO CHARGE CUSTOMER’S CREDIT CARD ACCOUNT OR OTHER PAYMENT MECHANISM FOR ANY AMOUNTS OWED FROM TIME TO TIME BY CUSTOMER TO MISSED.COM.
For the purposes of providing these services, Customer agrees:
To provide Missed.com with FTP access to its web sites for uploading new pages, and making changes for the purpose of SEO Services optimization or approval to go through a third party.
To authorize Missed.com use of all Customer’s logos, trademarks, Web site images, etc., for use in creating informational pages and any other uses as deemed necessary by Missed.com for search engine positioning and optimization.
That if Customer’s web site(s) is light in textual content, Customer will provide additional relevant text content in electronic format for the purpose of creating additional web pages. Customer agrees to provide content, for example 200 to 500 word “articles” about each of their keyword phrases.
Customer understands, acknowledges and agrees that:
Missed.com has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Customer’s web site(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity. Missed.com will resubmit those pages that have been dropped from the index.
Some search engines and directories may take as long as two (2) to four (4) months, and in some cases longer, after submission to list Customer’s web site(s). Occasionally, search engines and directories will stop accepting submissions for an indefinite period of time. Occasionally, search engines and directories will drop listings for no apparent or predictable reason. Often, listings will “reappear” without any additional submissions. Should the listing not reappear, Missed.com will re-submit the web site(s) based on the current policies of the search engine or directory in question.
Some search engines and directories offer expedited listing services for a fee. Missed.com encourages Customer to take advantage of these expedited services. Customer is responsible for all expedited service fees.
Missed.com is not responsible for changes made to Customer’s web site(s) by other parties that adversely affect the search engine or directory rankings of Customer’s web site(s).
Customer shall indemnify and hold harmless Missed.com (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Missed.com as a result of any claim, judgment, or adjudication against Missed.com related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Customer to Missed.com (the “Customer Content”), or (b) a claim that Missed.com’s use of the Customer Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, Missed.com must: (i) give Customer prompt written notice of a claim; and (ii) allow Customer to control, and fully cooperate with Customer in, the defense and all related negotiations.
IN NO EVENT SHALL MISSED.COM BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THERE SHALL BE NO REFUNDS. MISSED.COM MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.
Customer makes the following representations and warranties for the benefit of Missed.com:
Customer represents to Missed.com and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Missed.com are owned by Customer, or that Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Missed.com and its subcontractors from any claim or suit arising from the use of such elements furnished by Customer.
Customer guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Missed.com for inclusion on the website above are owned by Customer, or that Customer has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Missed.com and its subcontractors from any liability or suit arising from the use of such elements.
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Customer agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Missed.com and its subcontractors from any claim, suit, penalty, tax, or tariff arising from Customer’s exercise of Internet electronic commerce.
The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, Missed.com and Customer acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.
Missed.com, in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Customer does not undertake by this Agreement, or otherwise, to perform any obligation of Missed.com, whether by regulation or contract. In no way is Missed.com to be construed as the agent or to be acting as the agent of Customer in any respect, any other provisions of this Agreement notwithstanding.
This Agreement shall be governed in accordance with the laws of the State of New York. All disputes under this Agreement shall be resolved by litigation in the courts of the State of New York including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.
Customer may not assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of Missed.com. Missed.com reserves the right to assign subcontractors as needed to this project to ensure on-time completion.
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
No provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision.
Customer and Missed.com agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in New York, New York, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the American Arbitration Association administrator and (b) a licensed attorney with at least ten (10) years experience in the practice of law and at least five (5) years experience in the negotiation of technology contracts or litigation of technology disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the state courts of Tennessee sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of the State of Tennessee or any other applicable law. The arbitrator must issue his or her resolution of any dispute within thirty (30) days of the date the dispute is submitted for arbitration. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.
Each Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions.
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