Terms of Service
Effective Date: This Agreement becomes effective upon commencement of services.
1. Subscription & Cancellation Policy
You may cancel your subscription at any time by sending an email to info@AnswerOurPhone.com. Cancellation requests must be received prior to the next billing date to avoid charges for the upcoming billing period. Cancellations will become effective at the end of the then-current subscription period. No refunds, credits, or pro-rated refunds will be provided for partial months upon cancellation.
2. No Refunds
ALL PAYMENTS ARE NON-REFUNDABLE. We do not provide credits, refunds, or prorated billing for subscriptions that are cancelled mid-month. You waive any right to chargeback or dispute charges that are processed in accordance with these terms.
3. Automatic Renewal
All subscriptions automatically renew on a month-to-month basis unless cancelled in accordance with these Terms and Conditions.
4. Use of Service
You agree not to use the service for any unlawful, fraudulent, or prohibited purpose. Any illegal use may result in immediate suspension or termination of services without prior notice. You agree to indemnify and hold harmless Answer Our Phone LLC for any claims arising from illegal use of the services.
5. Rates and Price Adjustments
Rates are based on the information you initially provide and may be adjusted when account instructions change. We reserve the right to increase rates annually by up to 10% without additional notice. Any rate adjustments beyond 10% will be communicated with 30 days’ advance notice.
6. Telephone Number Assignments
Telephone numbers assigned to your account remain the property of Answer Our Phone LLC unless otherwise agreed upon in writing. Numbers are assigned on a rental basis and may change at any time. You accept all risks associated with publishing or distributing assigned numbers.
7. Minimum Contract Period
You agree to a minimum contract period of one (1) month. Service automatically renews monthly unless properly cancelled before the next billing date.
8. Billing and Payment Terms
Payment for the first month is due at service commencement. Monthly base rates are billed in advance. Additional charges are billed monthly as incurred. Accounts are delinquent if not paid by the 10th day of the month and may incur a $10 bookkeeping fee monthly until paid. Failure to pay by the 15th of the month may result in service interruption or termination without further notice. Returned checks will incur a $25 service charge.
9. Billing Discrepancies
You must notify us of any billing disputes within 30 days of the invoice date. No adjustments will be made after 30 days.
10. Monthly Call Allowance
Your monthly call allowance includes all answered calls: messages, non-messages, hang-ups, inquiries, and other connected calls.
11. Collection and Legal Costs
You agree to pay all costs of collection, including reasonable attorney’s fees, if we are required to take action to collect unpaid balances. The prevailing party in any dispute shall be entitled to recover legal fees and costs.
12. Confidentiality
We treat your messages as confidential but will comply with all lawful requests for disclosure by law enforcement or regulatory authorities.
13. Retention of Messages
Messages are archived for at least 60 days from origination, but no guarantee is made for retention beyond original delivery. Operators only have access to the most recent 5 days of messages. Requests for messages older than 5 days must be directed to management.
14. Message Duplication
Duplicate message requests may be provided at a fee of $20 plus postage.
15. Account Changes
Permanent account changes must be submitted directly to management, either verbally or in writing. Operators may accept temporary changes but cannot authorize permanent account modifications.
16. Service Interruptions
While we make every effort to provide continuous 24-hour service, interruptions may occur due to power failures, utility outages, natural disasters, mandatory evacuations, equipment failures, or law enforcement orders. Our sole liability for interruptions is limited to a pro-rated credit for each full 24-hour period of interruption.
17. Force Majeure
We are not responsible for failure to perform due to causes beyond our reasonable control, including but not limited to natural disasters, labor strikes, telecommunications outages, government actions, pandemics, or acts of God.
18. Errors and Omissions
We are not liable for errors, omissions, or misunderstandings arising from verbal transmission of information over the phone.
19. Limitation of Liability
Our total liability for any claim shall not exceed the fees paid for services during the month in which the claim arose. In no event shall we be liable for consequential, indirect, incidental, or special damages, including lost profits, lost business opportunities, or third-party claims.
20. Message Delivery; Client Contact Information
You are solely responsible for providing and maintaining accurate, current contact information (email addresses, phone numbers, etc.). We are not responsible for failed message delivery caused by issues on your end, including full mailboxes, spam filters, server outages, incorrect information, or domain configuration errors.
Once a message has been transmitted to your provided contact information, delivery is deemed complete, whether or not you receive or review the message. While we may attempt to notify you of repeated delivery failures, we are under no obligation to monitor or confirm receipt of individual messages.
21. Indemnification
You agree to indemnify, defend, and hold harmless Answer Our Phone LLC, its employees, contractors, and affiliates from all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the service, violation of these terms, or violation of any law or regulation.
22. Governing Law and Jurisdiction
This agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any legal action must be brought in the state or federal courts located in Massachusetts. You consent to jurisdiction and venue in those courts.
