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
This AGREEMENT is made and entered into by and between ANSWERING
SPECIALISTS, Inc. hereinafter known as ASI and you hereinafter known
as CLIENT, whereby ASI agrees to provide services to CLIENT as
Terms and Conditions:
1. Service shall commence on the date specified by CLIENT or as soon
as possible thereafter. The term of this agreement shall be month to
month on a calendar year basis. CLIENT may terminate this agreement at
the expiration of the term thereof by simply providing a written
notice to ASI. Any amounts due at time of cancellation will be
immediately invoiced and processed for payment at time of
cancellation. There will be no proration or refunds of any monthly or
annual fees or for partial months of service usage. Non usage of the
services contracted for under this agreement will not be construed as
a cancellation by the CLIENT. CLIENT acknowledges that services
contracted for are due and payable without regards to usage. Non usage
or low usage of the services contracted for does not reduce the
amounts due for contracted services. ASI Terms are Net-10. Interest of
1.5% per month will be charged on all past due balances. Additionally
a 10% fee will be accessed for late payments.
2. 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.
Service plans, prices and fees are subject to change with 30 days
notice. All funds are payable in U.S. Dollars.
3. Collection/Attorney's Fee. 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.
4. This is a contractually binding agreement, and its provisions shall
be binding upon the heirs, successors, and assigns of the parties
5. The parties agree that the laws of the State of Idaho shall govern
any dispute which might arise under this agreement, and that the venue
for any lawsuit of legal action brought, or arising out of this
agreement, be exclusively in the Superior Court of Boundary County for
the State of Idaho.
6. Guarantee. 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.
7. CLIENT acknowledges that the business of ASI is to supply business
support services to its clients, including telephone answering service
and voice mail service. 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. CLIENT
further acknowledges that ASI provides these services to clients on a
volume basis, and that while every effort is made to carry out such
services to the best of ASIs' ability there may be instances where
mistakes are made. CLIENT further 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
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. CLIENT agrees to allow ASI to charge the balance on any invoice(s)
outstanding on the CLIENTS 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. By accepting
this contract, and/or by using our services (i.e. utilizing the
telephone answering services or voice mail box, etc.), CLIENT agrees
to all terms and conditions of this contract and acknowledges that
matters referred to in paragraph seven (7) have been fully discussed
by and between CLIENT and ASI. 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.
By accepting this contract, and/or by using our services (i.e.
utilizing the telephone answering services or voice mail box, etc.),
CLIENT agrees to all terms and conditions of this contract and
acknowledges that matters referred to in paragraph six (6) have been
fully discussed by and between CLIENT and ASI. 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.