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:

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.