Note: The User Agreement below took immediate effect on 01/10/02.
This User Agreement ("Agreement") is a contract
between you and 2WayGadgets.com, Inc. and
applies to your use of the 2WayGadgets messaging
service and any related products and services
available through www.2WayGadgets.com
(collectively the "Service"). If you do not
agree to be bound by the terms and conditions of
this Agreement, Do not use or access our
You must read, agree with, and accept all of the
terms and conditions contained in this Agreement
terms and conditions expressly set out below and
those incorporated by reference, before you may
receive 2WayGadgets service.
We may amend this Agreement at any time by
posting the amended terms on our site. Except as
stated below, all amended terms shall be
effective 7 days after they are initially posted
on our site.
1. Message Plans. Plans include a set allotment
of messages. Your messages counter runs from the
1st of the month to the last day of the month. 1
message is equal to 0-100 characters. 2 messages
is 101-200 characters so, if you were to receive
or send a message with 450 characters, it would
be equal to 5 messages on your overall count.
1.1 Overcalls. Overcalls are billed on a monthly
basis and we receive our overcalls report around
the 15th of the month for the previous month
messages count. If you received overcall
charges, that bill would be due by the billing
cycle in order to avoid service
suspension regardless of whether you are on a
quarterly, Semi-Annually, or Annual Plan.
1.2 Optional Features. If you are on a
quarterly, semiannual, or annual plan and you
ordered optional features like, toll free
number, voice mail, or any other features your
optional features have been set up on your
account and are being billed on a MONTHLY basis.
If you would like to pre pay these services up
as well you can do so by posting an additional
payment to your account. If you decide to leave
those services on a monthly basis, optional
features are billed on a monthly basis and would
be due by the 1st of the next month in order to
avoid service suspension regardless of whether
you are on a quarterly, Semi-Annually, or Annual
1.3 Billing. ALL BILLS ARE DUE BY THE 1st TO
AVOID SERVICE Interruption. Email billing is the
default billing format and is free. You are
required to maintain a current email address
because your bill will be sent there. If you
require a bill to be mailed to a US address, you
can request so for $2 extra a month. All
accounts are set up on auto billing and will be
billed on the 10th of each month for that months
service if a manual transaction has not been
posted. Charges will appear on your account as
2WayWholesale.Com, PageOne Plus, 2WayGadgets.Com
PaymentSystems, Galaxy Paging, or Seamless Mobility.
1.4 Bill Pay. To pay your bill simply go to the
link below or go to the website, and click on
the "PAY MY BILL" button. You will be given the
option to pay by check, Credit Card, Paypal, or
even mail in your payment using Check or Money
To make a phone payment you can call our office
at (866) 709-2782. A $4 charge may apply to use
a representative to make your payment for you.
1.5 Cancellation. To Cancel Service you are
required to put in a 30day notice and then
follow up 30 days later with a written request
in order to receive your last month service. If
you decide to cancel service or your service
becomes past due you will automatically be
billed to the payment methods on file.
2. Refunds & Exchanges. Please Remember ALL
SALES ARE FINAL. We will exchange all products
with in 30days of shipment date.
3. Limitation of Liability. IN NO EVENT SHALL
WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR
SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH OUR WEB
SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER
ARISING, INCLUDING NEGLIGENCE). Some states do
not allow the exclusion of limitation of
incidental or consequential damages so the above
limitation or exclusion may not apply to you.
OUR LIABILITY, AND THE LIABILITY OF OUR PARENT,
SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR
ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED
TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
3.1 Indemnification. You agree to indemnify and
hold 2WayGadgtes, its parent, subsidiaries,
affiliates, officers, directors and employees
harmless from any claim or demand (including
attorneys' fees) made or incurred by any third
party due to or arising out of your breach of
this Agreement or the documents it incorporates
by reference, or your violation of any law or
the rights of a third party relating to your use
of the Service.