Service Agreement
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
cutomers.
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.