Please read this agreement carefully and consult with your attorney if you have any questions.
This Agreement is between Tel-Com, Inc. located at 85 Keystone Avenue, Suite B, Reno, NV 89503, and:
If there is a change in the name or address of the Client or Tel-Com, the other party will be notified0 in writing as soon as possible of such change
The Answering Service will provide telephone answering services to the Client, which will consist of receiving and answering telephone calls to the Client, when properly transferred or forwarded to the Answering Service, and responding to, or forwarding of, these telephone calls in accordance with information supplied by the Client. The Answering Service shall be entitled to rely on the information supplied by the Client, including, but not limited to, telephone numbers, names, hours, on-call, and call handling procedures, changes or other items required for service performance.
Overs Rate $0.85
(includes 1 message ticket)
Set-Up Fee $50
1 message ticket layout
1 directory contact
$35 Message Ticket
$10 Directory Contact
Period of Services: This Agreement shall continue in force unless the Client provides written notice of termination of this Agreement no less than thirty (30) days. Tel-Com may cancel this agreement at any time if the Client fails to comply with any provision of the Agreement.
Billing Cycles: Recurring charges are billed every 28 days in advance; excess minutes will be billed on each billing period.
Fees and Charges: The rates set out above are subject to change by the Answering Service, upon 30 days prior written notice to the Client. Upon the receipt of any such notice to increase rates the Customer shall be entitled to cancel this Agreement by written notice delivered to The Answering Service at the address noted on the front page within fifteen (15) days of such notice. Failing receipt by The Answering Service of such notice to cancel, the Client shall be deemed to have accepted the rate increase for the balance of the current term of the Agreement.
$25 Late Change Fee: Change requests made less than 48 hours of required effective date/time. This includes; ON-Calls, Greetings, Office Closure, Holiday Specials, New Contacts and other Call Handling Procedures.
Terms of Payment: All statements by the Answering Service to the Client shall be paid within 15 days of the date of the invoice. If the Client disputes any portion of the statement, the Client must bring the dispute to the attention of the Client in writing within 10 days of the date of the invoice. The failure of the Client to send a written notice of dispute within this time period shall be deemed a waiver by the Client of the right to dispute any portion of the statement. If the dispute relates to a portion of the statement, the Client shall be required to make payment of the undisputed balance within the time period set forth above.
Late Payments: Payments received after 15 days from the date of the invoice are subject to late fees of $25 and 2% of the balance.
If the Client fails to make payment of the statement within the time period set forth above, the Answering Service shall have the right, at its sole discretion, to suspend or terminate all services, upon twenty-four (24) hour prior written or verbal notice to the Client. The Client shall be responsible for payment of all services up to the time of suspension or termination and for payment of late charges.
The rates are subject to change by the Tel-Com upon 4 weeks written notice to the Client if the increase is larger than 6%. Rate increases of 6% or less may be made without prior notice.
If payment has not been received by the due date on the invoice your credit card number on file may be charged.
Illegal Use: The Client represents and warrants that the Answering Services will not be used for any illegal purpose. If the Answering Service becomes aware that the services are being used for any illegal purpose, the Answering Service shall have the right to suspend or terminate all services IMMEDIATELY, without any prior written or oral notice to the Client. The Client shall be responsible for payment of all services up to the time of suspension or termination and the Answering Service shall have the right to apply the deposit to any unpaid balances.
Confidentiality: The Answering Service shall treat all messages as confidential and shall not intentionally disclose any messages to any unauthorized person or organization. However, the Answering Service shall not be responsible for any inadvertent disclosure and shall have the right to cooperate with all law enforcement agencies or organizations and may disclose to them whatever information is requested pursuant to the performance of their official duties, without prior notice to the Client of such requests.
Limitation of Liability: The Answering Service shall not be liable for any acts, errors, or omissions by it or its employees or agents, except for conduct which is adjudicated to be grossly negligent or intentional. The Answering Service's entire liability to the Client as to damages for, based upon, or in connection with, either directly or
indirectly, services provided or which should have been provided by the Answering Service to or on behalf of the Client shall not exceed $100 for the payment period in which the conduct giving rise to the claim took place. Notwithstanding the above, in no event shall the Answering Service or its employees or agents be liable to the Client for (a) any incidental or consequential damages, including, but not limited to, any lost profits or revenues arising either directly or indirectly from the performance, or failure to perform, any services; (b) any punitive, exemplary, or multiplied damages; (c) any damages for, based upon, or arising out of any natural disasters, weather conditions, civil disturbances, material shortages, electronic or mechanical failures, or problems with or the interruption of telephone service.
Indemnification: The Client agrees to defend, indemnify and hold the Answering Service and its employees and agents harmless as against any and all liabilities, losses, damages, injuries, claims, suits, judgments, settlements, awards, costs, charges and expenses, including but not limited to any fees, costs, charges and expenses incurred by the Answering Service for investigation, defense and resolution, for, based upon, or arising out of the performance or failure to perform any services under or pursuant to this Agreement.
Ownership and Property Rights: All technologies, software, hardware, operating applications, procedures, scripts, telephone numbers, or other materials of any nature or type prepared, furnished, or utilized by the Answering Service, other than those items furnished by the Client to the Answering Service, shall be considered the sole and exclusive property of the Answering Service and shall be retained by the Answering Service upon the termination of this Agreement.
Client agrees that The Answering Service can record all agent-handled calls for quality control purposes and to verify information from callers as required. The Client agrees that the recordings will remain the property of The Answering Service and will not be disclosed to any third party unless ordered to do so by a body or agency with legal authority to make such a request.
Reports and Statistical Information: The Answering Service may be requested by the Client from time to time to furnish reports or statistical information to the Client regarding aspects of the services being performed. The cost to prepare and furnish such reports and statistical information is not included within the amount specified above as charges for the services. Therefore, the Answering Service will advise the Client of the cost to be charged for the reports and statistical information and obtain the consent of the Client before preparing and providing same to the Client. The Answering Service does not make any guarantees, warranties, or representations as to the accuracy of the reports and statistical information so provided.
Assignment: This Agreement is binding on the parties hereto and their respective successors and assigns. Neither the Client nor the Answering Service shall assign its rights, duties, or obligations under this Agreement without the written consent of the other party.
Notices: Any notices required to be given by the terms of this Agreement shall be sent by Certified Mail, return receipt requested, at the address set forth above in this Agreement. Alternatively, notice can be given by fax or e-mail, if the party to whom notice is being given has previously provided such fax number or e-mail address to the other party and has confirmed in writing that the fax number of e-mail address can be used for notice purposes under this Agreement.
Severability: No term or provision of this Agreement that is determined by a court of Competent Jurisdiction to be invalid or unenforceable shall affect the validity or enforceability of the remaining terms and provisions of this Agreement. Any term found to be invalid or unenforceable shall be deemed as severable from the remainder of the Agreement.
Independent Contractor: Nothing contained in this Agreement shall be construed or interpreted by the parties hereto, or by any third party, as creating a relationship of principal and agent, partnership, joint venture, or any other relationship between the Answering Service and the Client, other than that of independent contractors contracting for the provision
and acceptance of services. Each party will be responsible for hiring, supervising and compensating its own employees and for providing benefits to and withholding taxes for such employees.
Dispute Resolution: In the event of a dispute under this Agreement, the parties shall, as their sole remedy, be required to follow the following steps:
Governing Law: This Agreement shall be deemed to have been executed in the State of Nevada and shall be interpreted, construed and enforced in accordance with and governed by the laws of the State of Nevada.
Entire Agreement: This Agreement represents the entire agreement of the parties to This Agreement and supersedes all negotiations, representations, prior discussions or preliminary agreements between the parties. No statements, warranties, or representations of any kind that are not contained in this Agreement shall in any way bind the parties. This Agreement can only be changed or modified by a writing signed by all of the parties to this Agreement.