Terms of Service
Effective Date: October 30, 2024
“Company,” “we,” “our,” or “us” refers to Answering Specialists, Inc., its subsidiaries, affiliates, officers, employees, agents, and assigns.
“Services” means all information, content, materials, products, and services offered through our website.
“User,” “you,” or “your” refers to any person or entity accessing or using our Services.
By accessing or using our Services, you expressly acknowledge, represent, and warrant that:
a) You have read, understood, and agree to be bound by these Terms
b) You have the legal capacity and authority to enter into this agreement
c) You will comply with all applicable laws and regulations
d) Any information you provide is complete, accurate, and current
We reserve the unilateral right, at our sole discretion, to:
a) Modify these Terms at any time without prior notice
b) Change, suspend, or discontinue any aspect of the Services
c) Impose limits on certain features or restrict access to parts or all of the Services
Your continued use following any modifications constitutes binding acceptance of such changes.
4.1 Ownership
All content, including but not limited to:
– Text, graphics, logos, icons
– Images, audio, and video
– Software, scripts, and code
– Page layout and design
– Compilation of content
constitutes our intellectual property and is protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws.
4.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services solely for their intended purpose, subject to these Terms.
You are expressly prohibited from:
a) Using any automated system, software, or process to access our Services
b) Attempting to probe, scan, or test system vulnerability
c) Circumventing or attempting to circumvent any security measures
d) Interfering with or disrupting the integrity of our Services
e) Making any unauthorized copies of any portion of our Services
f) Using our Services for any unlawful purpose
g) Attempting to decompile, reverse engineer, or disassemble any portion of our Services
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
a) MERCHANTABILITY
b) FITNESS FOR A PARTICULAR PURPOSE
c) NON-INFRINGEMENT
d) ERROR-FREE OR UNINTERRUPTED OPERATION
e) ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
7.1 Cap on Liability
IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF:
a) THE AMOUNT PAID BY YOU FOR SERVICES OF WHICH THE CLAIM IS BASED UPON; OR
b) ONE HUNDRED DOLLARS ($100.00)
7.2 Excluded Damages
WE SHALL NOT BE LIABLE FOR ANY:
a) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
b) LOST PROFITS OR REVENUE
c) LOST OR CORRUPTED DATA
d) BUSINESS INTERRUPTION
e) REPLACEMENT COSTS
ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SERVICES
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
a) Your violation of these Terms
b) Your use of the Services
c) Any breach of your representations and warranties
d) Your violation of any law or third-party rights
9.1 Choice of Law
These Terms shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of law provisions.
9.2 Jurisdiction
Any legal action or proceeding arising out of or relating to these Terms shall be instituted exclusively in the federal or state courts located in Idaho. You irrevocably submit to the exclusive jurisdiction of such courts.
10.1 Termination Rights
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to:
a) Breach of these Terms
b) Suspected fraudulent, abusive, or illegal activity
c) At our sole discretion without cause
10.2 Effect of Termination
Upon termination:
a) All rights granted to you under these Terms shall cease
b) You must cease all use of the Services
c) Any fees paid are non-refundable
d) All provisions which by their nature should survive termination shall survive
11.1 Severability
If any provision of these Terms is found to be unenforceable, such provision shall be modified to the extent necessary to make it enforceable while preserving its intent, or severed if modification is not possible.
11.2 Waiver
No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
11.3 Assignment
You may not assign or transfer any rights or obligations under these Terms without our prior written consent.
For questions regarding these Terms, contact us at:
Answering Specialists, Inc.
PO Box B
Bonners Ferry, ID 83805
Phone: (866) 503-7025
Last Updated: October 30, 2024
The following is the service agreement between Answering Specialists, Inc. and
its customers. It does not apply to users who only browse our website. We
include it here as a resource to our customers.
This AGREEMENT is made and entered into by and between ANSWERING
SPECIALISTS INCORPORATED (“ASI”) and you (“CLIENT”), whereby ASI agrees to
provide services to CLIENT as follows:
1. SERVICES
ASI agrees to provide phone answering, voicemail, and related services to CLIENT as
requested and within the scope of ASI’s capabilities. Such services rendered by ASI are
upon request by CLIENT as contained in the package(s) and option(s) specified.
2. TERM
This Agreement shall commence on the the date specified by CLIENT or as soon as
possible thereafter. The Term of this agreement shall be month-to-month, with
automatic renewal unless terminated by either party through means of written notice.
3. PAYMENT
CLIENT agrees to pay ASI for all Services rendered at a monthly basis. Such monthly
charges are based on the current price list and the service options selected by the
CLIENT. Services initially indicated during the setup process are subject to change by
request of the CLIENT without modifying other terms and conditions of this agreement.
All payments are to be made in U.S. Dollars. CLIENT agrees to allow ASI to charge the
balance on any invoice(s) outstanding on the CLIENT’S account to the Credit Card
Number or any other credit card that CLIENT has provided to ASI once the invoice
becomes due and payable per the terms on the invoice.
In the event of currency conversion, CLIENT is responsible for any transaction or
conversion fees, and any taxes incurred by ASI as a result of such conversion. ASI
Terms are Net-10. An initial Ten Percent (10%) late fee will be charged on all past due
balances, with an additional One Point Five Percent (1.5%) per month interest charge
on all past due balances.
If CLIENT discovers an error on any invoice, CLIENT must notify ASI of said error within
Thirty (30) days of the invoice date. Failure to timely notify ASI of any mistakes shall be
interpreted as a waiver, and ASI will not be required to act any further on the matter.
4. COMMUNICATION
CLIENT understands that communication and cooperation with ASI is essential for ASI
to provide the best service possible. Therefore, CLIENT agrees to timely communicate
and cooperate with ASI.
5. CONFIDENTIALITY
Both parties agree to treat all information received from the other party as confidential
and to not disclose such information to any third party without prior written consent.
This obligation shall survive the termination of this Agreement.
6. INTELLECTUAL PROPERTY
Any intellectual property developed or used by ASI in the course of providing the
Services shall remain the property of ASI. CLIENT shall not acquire any rights or
licenses to such intellectual property. CLIENT understands that all phone numbers
provided by ASI are the property of ASI and will always remain ASI’s property even
upon and after termination of this agreement.
7. LIMITATION OF LIABILITY
CLIENT acknowledges that ASI provides its services to clients on a volume basis, and
that while every effort is made to carry out such services to the best of ASI’S ability
there may be instances where mistakes are made. CLIENT also acknowledges that the
fees charged by ASI for its services do not contemplate compensation damages to
CLIENT caused by the occurrence of such error, mistake, or delay, and that if ASI were
to charge fees that did contemplate the assumption of such risks, that the amount of
such fees would be much greater. Accordingly, it is agreed by the parties as follows:
A. CLIENT agrees that ASI assumes, shall incur, and be responsible for no
liability in connection with any mistake, error, or delay in the performance of the
services to be delivered under this contract. CLIENT also waives and holds ASI
exempt and free from liability as a result of such mistakes, error, or delay in the
delivery of such services.
B. It is additionally agreed that should the foregoing waiver of liability be held for any
reason unenforceable, the damages for any such mistake, error, or delay in delivery
of services shall be limited to and shall not exceed the cost of one month’s fees as
provided in the Agreement which would have otherwise been payable by CLIENT to
ASI for the rendering of the type of service with the regard to which it is claimed that
mistake, error, or delay was committed or occurred.
8. COLLECTION & ATTORNEY FEES
In the event that either party to this contract commences any lawsuit or legal action or
engages a collection agency to enforce any rights or remedies which it may have under
this contract, the prevailing party in any such action shall be entitled to an award of its
reasonable collection fees and/or attorney’s fees and costs. Should the CLIENT choose
to do a chargeback of ASI fees on the CLIENT’S credit card, and ASI prevails, a fee of
$25.00 for each chargeback will be accessed to the CLIENT’S account.
9. TERMINATION
Upon written notice, any amounts due may be immediately invoiced and processed for
payment. Non-usage of the services contracted for under this agreement will not be
construed as a cancellation by the CLIENT. CLIENT understands that there will be no
proration or refunds of any monthly or annual fees or for partial months of service
usage. CLIENT acknowledges that services contracted for are due and payable without
regards to usage (including but not limited to non-usage or low usage).
10. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Idaho. Any disputes arising under or in connection with this Agreement shall
be subject to the exclusive jurisdiction of the courts of Boundary County, Idaho.
11. BINDING AGREEMENT
This is a contractually binding agreement, and its provisions shall be binding upon the
heirs, successors, and assigns of the parties hereto. The individual whose name is
entered as accepting this contract (below) on behalf of a business shall be the personal
guarantor of subscriber’s performance of all monetary obligations which may arise out of
this contract.
12. ACKNOWLEDGEMENT
CLIENT agrees to all terms and conditions of this contract and acknowledges that they
have had full opportunity to discuss any questions concerning the agreement with ASI
or separate legal counsel before acceptance. CLIENT understands the meaning of this
paragraph, and understands that this paragraph’s effect is to eliminate certain rights
and/or claims for damages which CLIENT might otherwise have. CLIENT agrees with
the factual statements set forth in this paragraph, and agrees that the waiver of liability
for damages contained herein is freely and voluntarily entered into.
13. ENTIRE AGREEMENT
This Agreement, including any attached exhibits, constitutes the entire agreement
between the parties with respect to the subject matter hereof and supersedes all prior
agreements, understandings, and negotiations, whether oral or written.
