Our Terms
& Conditions of Sale
The
T's and C's:
1. This National Directory Assistance (NDA) Service
Agreement constitutes the entire agreement between
the parties. It supersedes all prior proposals,
agreements, or other communications between the
parties regarding such subject matter. This Agreement
may be changed from time to time by The411Stop.com
(The 411Stop) without notice to "Customer".
It is recommended that Customer's return to this
Terms & Conditions page often to review for
any changes.
2. The acknowledgement by the Customer in the
Customer Sign-Up Form that they have reviewed
this agreement hereby constitutes acceptance of
all terms and conditions of this agreement by
Customer. NDA services include, but are not limited
to, live operator assistance to look up Local
and National Directory listings, Category Searches,
Reverse Searches and Address Searches. Enhanced
Directory Assistance (EDA) services include, but
are not limited to, live operator assistance to
look up Movie Listings, Lottery results, Sports
scores, Weather forecasts, Stock Quotes, Horoscopes,
Flight timings, Local Time as availability and
The411Stop defines.
3. Customer agrees to pay an initial deposit for
the calling plan that was selected during the
sign-up process. Usage will be calculated mohthly
for the actual monthly call volume of Directory
Assistance calls sent by the Customer to The411Stop
and if the call volume is equal to or less than
the plan allowance, then Customer will be billed
the standard monthly fee. If the actual call volume
exceeds the plan allowance, then Customer will
be billed the standard monthly fee plus an amount
equal to the call volume that exceeds the plan
allowance times the additional look-up fee.
4. The411Stop shall provide Customer a paperless
monthly invoice that will be emailed to Customer
and/or placed online for Customer review. If a
paper invoice is requested, an additional monthly
billing fee of $3 will be charged per account.
All directory assistance calls invoiced that are
undisputed are due and payable fifteen (15) calendar
days from the receipt thereof and considered delinquent
thereafter, subject to delinquent interest at
the rate of 2% per month (24%) per annum. In the
event of failure to pay all undisputed charges
on any invoice when due, The411Stop reserves the
right to cancel or suspend service until all undisputed
amount(s) are paid in full.
5. All invoices and calls on those invoices are
considered valid unless disputed within forty-five
(45) calendar days from their receipt.
6. Customer grants The411Stop permission to charge
Customer Credit Card with the initial deposit,
continued monthly usage and any additional deposits
required under this agreement.
7. Customer acknowledges and agrees that third-party
providers compile the database utilized by The411Stop
and that this is an alternative U.S. and Canada
nationwide database to those utilized by other
telecommunications carriers. In no event shall
The411Stop be liable to the Customer, or any third
parties, for any indirect, special incidental
or consequential losses or damages, including
without limitation, loss of revenue, Customer’s,
loss of profits or loss of goodwill, arising in
any manner from this agreement. Notwithstanding
the foregoing, both The411Stop and Customer acknowledge
and agree that Customer’s decision to enter into
this agreement with The411Stop is based, at least
in part, on the representation of The411Stop as
to the accuracy of its data, as per Section 20
d of this Agreement and the failure of the data
retrieved by Customer from The411Stop under this
agreement to meet such percentage shall be a material
breach of this agreement.
8. Customer shall not assign this agreement without
The411Stop express written consent, which shall
not be unreasonably withheld. Not withstanding
anything to the contrary, Customer hereby consents
to The411Stop granting a security interest in
its rights under this agreement to any lender
providing financing to The411Stop.
9. Customer shall indemnify, defend and hold harmless
The411Stop, its officers, directors, shareholders,
employees and agents, from and against any and
all loss, costs, damages assessments, injuries,
expenses (including but not limited to reasonable
attorney’s fees and costs), claims and liabilities
to the extent arising out of or attributable to
“Customer’s” negligence, misconduct, misrepresentation
to it's customers and/or the Customer’s failure
to abide by all applicable state and federal laws
applicable to Customer, including applicable state
and federal telecommunications regulations and
deceptive trade practices statutes. The411Stop
shall indemnify, defend and hold harmless Customer,
its officers, directors, shareholders, employees
and agents, from and against any and all loss,
costs, damages assessments, injuries, expenses
(including but not limited to reasonable attorney’s
fees and costs), claims and liabilities arising
out of or attributable to The411Stop negligence
and/or misconduct.
10. With respect to any lawsuit involving this
agreement, the parties here to agree that the
prevailing law shall be that of the State of Texas.
The parties irrevocably submit to the personal
jurisdiction of each federal or state court in
the State of Texas, which has jurisdiction over
the subject matter, and waives any objections
to venue and any right to assert that such a court
is an inconvenient forum.
11. This agreement shall begin on the date Customer
submitted their electronic sigh-up form and their
credit card deposit is accepted and shall continue
until either party terminates this agreement.
Either party may terminate this agreement by giving
the other party 30 day written notice of termination.
In the event of termination by Customer, Customer
shall be responsible for the payment of all services
provided by The411Stop through the date of termination
plus 30 days.
12. Customer has been advised The411Stop has adopted
certain standards of practice in order to assist
Customer in the use of the The411Stop service.
A maximum of two (2) listings are permitted per
call. Customer service calls should be directed
to 713-669-9000.
13. The411Stop staffs its call center(s) and runs
its operations so that the Average Speed of Answer
in a month should not exceed an average of ten
(10) seconds per call. Customer and The411Stop
acknowledge and agree that The411Stop’s failure
to satisfy a SLA standard, as per Section 20 of
this Agreement, or any representation or warranty
set forth in this agreement shall constitute a
material breach of the agreement. Moreover, Customer
and The411Stop further acknowledge and agree that,
notwithstanding anything to the contrary, Customer
shall be entitled to terminate this agreement
upon written notice to The411Stop (without any
opportunity to cure) in the event that The411Stop
fails to satisfy a SLA standard or any representation
or warranty three (3) or more times during any
ninety (90) day period; provided that The411Stop
has received written notice of at least the first
two breaches.
14. Anytime the Customer receives the recorded
message “ Sorry, you are not recognized as an
authorized user of this service please contact
customer service at 713-669-9000 if this message
is in error”. Customer should immediately call
The411Stop and report the problem.
15. Customer shall have 60 days from the date
that the first call to directory assistance is
completed to cancel services and agreement if
not satisfied with the services provided. Upon
termination, Customer shall be provided with final
invoice payable only for services rendered.
16. Force Majeure. Notwithstanding anything else
in this Agreement, and except for the obligation
to pay money unless financial institutions are
closed by federal order or unable to process financial
transactions for reasons set forth herein, no
default, delay or failure to perform on the part
of either party shall be considered a breach of
this Agreement if such default, delay or failure
to perform is shown to be due to causes beyond
the reasonable control of the party charged with
a default, including, but not limited to: power
outages, strikes, lockouts or other labor’ disputes,
riots, civil disturbances, actions or inactions
of governmental authorities or suppliers, epidemics,
war, acts of terror, embargoes, severe weather,
fire, earthquakes, acts of God or the public enemy,
nuclear disasters, or default of a common carrier,
provided that the affected party (i) notifies
the other immediately following the occurrence
of such an event, (ii) takes actions reasonably
necessary to mitigate the effects of the event,
and (iii) commences to perform its obligations
hereunder as soon as reasonable practical following
the cessation of the event.
17. Payphone Notification – Customer understands
that calls made from payphones an additional surcharge
for calling The411Stop. Customer is hereby notified
that payphone surcharges incurred by The411Stop
will be billed directly to the Customer.
18. Additional Market Notification – Customer
must provide The411Stop with at least thirty-one
(31) calendar days written notice prior to launching
any market with call volume estimated to be greater
than one hundred thousand (100,000) calls per
month
.
19. Billable NDA Call - A “Billable NDA Call”
shall refer to all calls answered by the The411Stop
Automatic Call Distributor whether or not the
caller disconnects the call prior to reaching
a The411Stop Call Attendant. A Billable NDA call
shall also refer to any of the individual NDA
Call types, as described in the below, whether
or not the requested listing or information is
found. A Billable NDA Call shall also refer to
any call that is answered by a The411Stop Agent,
but on which the caller does not request information
or requests information or assistance not provided
under this Agreement.
20. The411Stop hereby represents and warrants
that in the performance of services under this
agreement:
a. it shall meet and/or exceed all industry accepted
Directory Assistance requirements;
b. the average speed of answer in a month shall
not exceed 10 seconds per call;
c. abandonment shall be maintained daily at less
than 3% of calls;
d. data accuracy (as more fully described in Section
7) shall be maintained daily on a national basis
for the United States at greater than 98%;
e. network uptime shall be maintained daily at
99.9994%;
f. each CSR shall be monitored for 10 random calls
weekly; and
g. it shall maintain no less than 2 call centers
to handle calls made under this agreement.
21. If any provision of this agreement is held
to be invalid or unenforceable under applicable
law in any jurisdiction, the validity or enforceability
of the remaining provisions thereof shall be unaffected
as to such jurisdiction and such holding shall
not affect the validity or enforceability of such
provision in any other jurisdiction. To the extent
that any provision of this agreement is held to
be invalid or unenforceable because it is overbroad,
that provision shall not be void but rather shall
be limited only to the extent required by applicable
law and enforced as so limited.
22. No failure of either party at any time to
require the strict performance of any covenant,
duty, agreement or condition herein or to exercise
any right or remedy consequent upon a breach thereof
shall constitute waiver of any such covenant,
duty, agreement or condition or any such breach.
Notes:
1. Rates are quoted on a per call basis to be
billed based on the total number of NDA plus Enhanced
Directory Assistance (EDA) Service calls for a
given calendar month, as defined by The411Stop.
2. Customers may select to utilize T1/Direct connectivity
or SIP to SIP Gateway for both inbound and outbound
calls, in those cases reduced Carrier Rates apply.
3. Price for total number of NDA plus EDA calls
for a given calendar month will be billed monthly
and as defined by The411Stop. At any time The411Stop
at its option can provide written notice of an
increase in the per call pricefor it's services.
If customers refuses aforementioned rates increase,
customer may terminate this agreement without
penalty.
4. Customer, at their option, may furnish a list
of originating telephone numbers (ANI) from each
of their physical locations or numbers from which
they wish to make calls, in order to avoid unauthorized
calls by outside users. A list of ANI’s must be
provided by Customer and become a part of this
agreement and are to be associated from which
directory assistance account. Customer understands
that if they elect NOT to register their ANI with
The411Stop, the possibility exists that an unauthorized
user(s) may intentionally or unintentionally utilize
the toll free number assigned to Customer. In
such case, Customer understands they are unconditionally
responsible for any and all usage occurring on
the toll free number assigned and that furthermore,
there is no condition in which a dispute for calls
would be considered legitimate.
Download these
Terms
and Conditions in PDF format.
Call Types:
National
Directory Assistance (NDA) /Information Services
- A “NDA Call” is a call delivered to a The411Stop
Agent for the provision of NDA Services. The411Stop
Agents shall offer and provide, upon request,
up to a combined total of two (2) of the following
types of information on each NDA/EDA Call and
shall constitute only one (1) “billable call”.
Billable NDA Call
- A “Billable NDA Call” shall refer to all calls
answered by the The411Stop Automatic Call Distributor
whether or not the caller disconnects the call
prior to reaching a The411Stop Call Attendant.
A Billable NDA call shall also refer to any of
the individual NDA Call types described in the
preceding paragraphs of this attachment, whether
or not the requested listing or information is
found. A Billable NDA Call shall also refer to
any call that is answered by a The411Stop Agent,
but on which the caller does not request information
or requests information or assistance not provided
under this Agreement.
Local Directory Assistance
and National Directory Assistance (NDA) -
The411Stop Agent shall search for and provide
the caller listings anywhere within the United
States that are requested by name and city, excluding
non-published listings.
Unlisted Numbers -
The411Stop will not knowingly provide unlisted/
non-published listings telephone numbers in response
to Customer Subscriber requests. Additionally,
The411Stop will not knowingly provide the information
for Unlisted Address searches in response to Customer
Subscriber requests. When records are marked as
unlisted or non-published, The411Stop will honor
such records in the appropriate manner.
Enhanced Directory Assistance
(EDA) Reverse Search - The411Stop Agent
shall search for and provide the published name
and address requested by telephone number.
Category Search -
The411Stop Agent shall search for and provide
the caller listings for businesses by requested
category and city (e.g., florist in Corona, CA).
Requested by category within a city and state.
Lottery - The The411Stop
Agent shall search for and provide the caller
with the State Lottery draw numbers. Lottery Draw
numbers are available for all State run Lottery
Draws and shall updated at least once a day.
Movie Listings -The
The411Stop Agent shall search for and provide
the caller with the theater name, show times,
movie titles, ratings, and telephone number. Callers
may request a search on both movie title and movie
theater name. Movie Listings are available for
all movie chains and major independent theaters.
Records of Movie Listings shall be updated once
a week.
Sports Scores - The411Stop
Agents shall search for and provide, the score
of a game or event then in progress or the final
score of a game or event last played. The411Stop
records of Sports Scores shall be updated at 15-minute
intervals. The sports available include baseball
(MLB), football (NFL), basketball (NBA), hockey
(NHL) and Major Sporting Events. Other sports
events not listed in this agreement may or may
not be available to callers.
Stock Quotes - The
The411Stop Agent shall search for and provide
the caller with the requested Stock Quote by stock
symbol for the Dow, Nasdaq or S&P 500 Stock Quotes
per call. If a stock symbol is not known, the
operator can attempt to determine the correct
symbol. The411Stop records of Stock Quotes shall
be updated at 20-minute intervals or as provided
by our data vendor.
Weather Conditions
- The411Stop Agents shall search for and provide
the current and next day weather conditions for
any requested US cities. The weather conditions
for the requested city or for the nearest major
city for which weather reports are available shall
be provided. Records of Weather Conditions shall
be updated twice daily.
Horoscopes - The The411Stop
Agent shall search for and provide the caller
with the requested Horoscopes by Sign. Horoscopes
updated at least once a day.
Flight Times - The
The411Stop Agent shall search for and provide
the caller with the requested Flight Times by
Major Airline based on flight number or City of
departure and arrival.
Time of Day - The
The411Stop Agent shall search for and provide
the caller with the requested Time of Day by City
in the United States. Time values are static and
therefore approximate.
Reverse Search by Address
- The411Stop Agent shall search for and provide
the published name and telephone number by address.
An additional charge shall apply for these calls
as described in the Agreement.
Download these
Terms
and Conditions in PDF format.
Comments:
The411Stop welcomes
your comments regarding these Terms of Use.
If you have comments about these Terms of Use,
please contact The411Stop by visiting our Contacts
Page. We will use commercially reasonable efforts
to promptly determine and remedy the problem.