TCB ANSWERING SERVICE SUBSCRIPTION AGREEMENT
This Answering Service Subscription Agreement ("Agreement") governs the answering services provided by TCB Management Group, Inc. ("TCB") to the client ("Subscriber").
By submitting a service enrollment form, requesting activation of answering services, or otherwise accepting services provided by TCB, the Subscriber acknowledges that they have received this Agreement and agree to be legally bound by its terms and conditions for the duration of their service.
1. Service Commencement
Answering services will not begin until TCB has received:
A completed service enrollment form;
All required account, billing, and call handling information; and
Payment for the first month's service.
TCB reserves the right to delay the commencement of service until all required information has been received.
2. Changes to Service
The Subscriber is responsible for promptly notifying TCB of any changes to account information, including but not limited to:
Business name or ownership
Office locations
Billing contact information
Billing email address
Telephone numbers
Authorized contacts
On-call schedules
Call handling instructions
Payment information
TCB reserves the right to require written authorization from an authorized representative of the Subscriber before implementing requested changes.
3. Scope of Services
TCB will provide telephone answering services in accordance with the written instructions supplied by the Subscriber and within the capabilities of TCB's equipment and systems.
While TCB is committed to providing reliable, professional service, uninterrupted or error-free service cannot be guaranteed.
4. Limitation of Liability
TCB shall not be liable for incidental, consequential, indirect, or special damages, including but not limited to lost profits, lost revenue, business interruption, or damages resulting from errors, omissions, delays, equipment failures, telecommunications failures, or service interruptions.
In no event shall TCB's total liability exceed the amount of one (1) month's base service charge.
5. Subscriber Responsibilities
The Subscriber agrees to provide and maintain complete, accurate, and current account information throughout the duration of this Agreement.
TCB shall not be responsible for service errors resulting from inaccurate, incomplete, outdated, or omitted information supplied by the Subscriber.
TCB shall not be responsible for the failure of the Subscriber or the Subscriber's employees, agents, or representatives to respond to messages or notifications delivered in accordance with the Subscriber's instructions.
6. Billing & Payment
Monthly service charges are due in full no later than the 10th day of each month.
Invoices and account correspondence are delivered electronically to the billing email address provided by the Subscriber. It is the Subscriber's responsibility to maintain a valid billing email address. Failure to receive or review an invoice shall not relieve the Subscriber of the obligation to pay all amounts due when required.
Past due balances may be assessed a 3.5% late fee per month, or the maximum amount permitted by applicable law.
All Subscribers are required to maintain an active AutoPay payment method on file for the duration of service. ACH is the preferred payment method. Subscribers wishing to use a credit or debit card may contact TCB to establish recurring automatic payments.
6A. Electronic Communications
The Subscriber consents to receive invoices, account statements, payment reminders, past due notices, service notifications, rate change notices, and other communications relating to this Agreement electronically.
Electronic communications shall be considered delivered when sent to the billing email address provided by the Subscriber.
Failure to receive electronic communications due to an outdated email address, full mailbox, spam filtering, or any other issue within the Subscriber's control shall not relieve the Subscriber of any payment obligations or other responsibilities under this Agreement.
6B. Billing Contact
The Subscriber agrees to promptly notify TCB of any changes to ownership, management, billing contacts, billing email addresses, mailing addresses, or payment information.
The Subscriber remains responsible for all charges incurred until updated billing information has been received and processed by TCB.
6C. Returned or Failed Payments
The Subscriber is responsible for ensuring the payment method maintained on file remains valid and available for processing.
Any ACH payment returned by the financial institution or any declined or rejected credit or debit card payment may be subject to a $35.00 returned payment fee, in addition to any applicable late fees.
TCB reserves the right to reattempt payment using the payment method on file for any outstanding balance.
Failure to maintain a valid AutoPay payment method may result in suspension of service.
7. Suspension & Termination
Either party may terminate this Agreement by providing thirty (30) days' written notice.
TCB reserves the right to suspend service immediately if the Subscriber fails to pay amounts due, fails to maintain a valid AutoPay payment method, or otherwise materially breaches this Agreement.
Service suspended for non-payment may remain suspended until all outstanding obligations have been satisfied.
If service is suspended due to non-payment, a $25.00 reconnection fee will apply before service is restored.
Termination or suspension of service does not relieve the Subscriber of responsibility for any outstanding balances, late fees, collection costs, attorney fees where permitted by law, court costs, or other expenses incurred in collecting unpaid amounts.
7A. Material Breach
Failure to comply with any material provision of this Agreement, including but not limited to failure to maintain a valid AutoPay payment method, failure to pay charges when due, or failure to maintain accurate account information, shall constitute a material breach of this Agreement.
TCB reserves the right to suspend or terminate service until the breach has been corrected.
7B. Collections
If an unpaid balance is referred to a collection agency or legal counsel for recovery, the Subscriber agrees to pay all reasonable costs incurred in collecting the debt, including collection agency fees, attorney fees where permitted by law, court costs, filing fees, interest, and any other reasonable expenses associated with collection.
7C. Reinstatement of Service
TCB is under no obligation to immediately restore suspended service upon receipt of payment.
Service will be reinstated only after:
All outstanding balances have been paid in full;
All applicable late fees, returned payment fees, collection costs, and reconnection fees have been satisfied;
A valid AutoPay payment method has been established or updated; and
TCB determines the account is in good standing.
TCB reserves the right to require payment by certified funds or another guaranteed form of payment before restoring service.
8. Service Interruptions
TCB shall not be liable for service interruptions resulting from equipment failure, utility outages, internet or telecommunications failures, acts of God, natural disasters, governmental actions, labor disputes, or any other circumstances beyond TCB's reasonable control.
Such interruptions shall not constitute a breach of this Agreement.
9. Rate Adjustments
TCB reserves the right to modify service rates upon thirty (30) days' written notice. Any rate adjustment shall become effective on the date specified in the notice without otherwise modifying this Agreement.
10. Billing Definitions
For billing purposes:
Message Unit: Any incoming or outgoing telephone call or text message relayed to the Subscriber.
Call Unit: Any incoming or outgoing telephone call lasting up to two (2) minutes. Calls exceeding two (2) minutes will be billed in additional call units in accordance with the Subscriber's selected service plan.
11. Quality Assurance
To maintain quality standards, improve customer service, and assist with employee training, telephone calls may be monitored and/or recorded by TCB supervisory personnel.
12. Severability
If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
13. Entire Agreement
This Agreement, together with the Subscriber's service enrollment form, pricing schedule, written call handling instructions, and any written amendments executed by TCB, constitutes the entire agreement between TCB and the Subscriber regarding answering services and supersedes all prior discussions, representations, or agreements relating to those services.
14. Waiver
Failure by TCB to enforce any provision of this Agreement at any time shall not constitute a waiver of its right to enforce that provision or any other provision at a later date.
15. Acceptance
By submitting a service enrollment form, requesting activation of answering services, or otherwise accepting services provided by TCB, the Subscriber acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement.
Electronic acceptance of this Agreement shall have the same force and effect as an original handwritten signature.