These Terms of Service constitute an agreement (“Agreement”) between you (“you”, “your”, “user”, “buyer”, “subscriber” or “Customer”), your employees, agents, officers, directors, and other service users and Answer Aide, LLC (“Answer Aide”, “us”, “we” or “our”) for answering services, call center services, administrative tasks, and any related products or services (“Services”). This Agreement governs both the Services provided and any assigned toll-free and/or local number account (“Telephone Number”) used in connection with the Services.

1. 1. For services billed monthly: The initial bill and number of minutes allowed will be prorated based on the number of days remaining in the current month. The Customer’s payment method on file is charged and a receipt is sent to the Customer on the first business day of each month, unless a written agreement specifies different terms. Payment is due on receipt. It is agreed that if payment is not made, service may be discontinued any time after being delinquent for 14 days without further notice to you, and will be subject to a disconnect fee. Such interruption or termination does not relieve the Customer of the responsibility for all accrued charges. Service will not be reinstated until payment is received. Should this occur more than once, a deposit equal to two months’ charges will be required in addition to regular billing.
   2. For services billed weekly: The initial bill will be prorated based on the number of days remaining in the current week. Bills are sent to you every Monday. Payment is due on receipt. It is agreed that if payment is not made, service may be discontinued any time after 3 days without further notice to you. Such interruption or termination does not relieve the Customer of the responsibility for all accrued charges. Service will not be reinstated until payment is received, and will be subject to a reconnection fee. Should this occur more than once, a deposit equal to four weeks’ charges will be required in addition to regular billing.
   3. Our dedicated customer service representatives and virtual assistant service are scheduled off for all federal holidays. If you need coverage for your dedicated account please let us know at least 3 weeks in advance. The rate for holiday and overtime coverage is 2x your regular hourly rate, and there is a 4-hour minimum.
   4. The Customer will be required to set up autopay with a credit card or electronic check unless the Customer applies and is approved for credit terms. The payment method on file will be charged the same day that the bill is sent to the Customer.
   5. A delayed payment charge of 1.85% per month ($9.95 minimum), which is an annual percentage rate of 22.2%, will be charged on all accounts not paid within 7 days from the due date. A Customer submitting a check which is returned for non-sufficient funds will be assessed a $35.00 service fee.
   6. Liquidation Damages Clause, Answer Aide’s liability is limited to the return of services charges associated with the message communication, for any damages, consequential or otherwise, resulting from a failure by Answer Aide to perform any and all services under this agreement, including but not limited to a failure to take or relay a message, take an order, to process a call, even when such failure is a result of Answer Aide’s negligence, misconduct, error or omission. Accordingly, you should be aware that this express disclaimer of liability is an integral part of the contractual relationship between you and Answer Aide. It is agreed that we shall mutually protect, indemnify, and hold each other harmless from any claim or liability that may be asserted by anyone, in the event of loss, injury, or damages to property or persons, including third parties or entities and persons seeking to be protected even if such loss, injury or damage results or is claimed to have resulted from Answer Aide’s negligence, misconduct or omission.
   7. Information taken on behalf of the Customer by Answer Aide is destroyed 90 days after delivery unless an extended information storage option is selected. Any audio recordings may be deleted after 30 days. For a fee, the Customer may make arrangements for longer periods of storage and/or receipt of a hard copy of the information.
   8. After the minimum contract period is fulfilled, the Customer may terminate this agreement with 60 days’ written notice by completing this form. Answer Aide shall also provide 60 days’ written notice to the Customer if we decide to terminate your agreement except for when we terminate a Customer’s service for non-payment as provided above or for violating this agreement.
   9. Any account not paid in full may have their account closed and be subject to all expenses, fees, and costs associated with collection of the balance due, not limited to fees and costs for an attorney, collection agency, court filing, and service of process fees for the recovery of monies due. The customer will be responsible for an administrative fee of two hundred and fifty dollars if we need to send your account to a collection agency.
   10. The basic charges for all services are billed in advance of the billing period. Any additional charges are billed in arrears at the end of the billing period, along with the basic charges for the following month. The basic charges for all services include a service rate per billing period plus any allowance inclusive of that rate and any overage charges per bill cycle. If the Customer does not use the minimum allowance during any billing cycle, any unused usage will not carry over for the next bill cycle. Once the minimum usage, if applicable, has been reached during any one billing cycle, the Customer will be billed for any usage over the usage allowance at the overage rate. We charge for the amount of time we spend working for you, known in our industry as work time. Any administrative work that Answer Aide completes on the Customer’s behalf, including account, scripting updates, and dispatching duties will be billed per minute, unless a flat rate is agreed upon in writing from Answer Aide. All set-up, programming, activation, monthly service fee, and live or operator time are non-refundable regardless of the length of the agreement.
   11. The Customer agrees that they will contact Answer Aide in a good faith attempt to resolve any dispute. The Customer will promptly bring any dispute or problem to Answer Aide’s attention within twenty-eight (28) days of the issue occurring. The Customer waives the right to bring a dispute or complaint through their credit card company, bank, or other electronic payment sources until after the Customer contacts Answer Aide in writing within the above timeframe and allows Answer Aide seven days to respond. If we cannot resolve any dispute, the Customer agrees that this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Answer Aide and the Customer agrees that any suit, action, or proceeding arising out of or relating to this Agreement shall be instituted only in a Florida court with jurisdiction sitting in Saint Johns County, Florida, United States of America. The Customer waives their right to have a trial by jury.
   12. The Customer agrees it will not use or allow any other person to use the service for any unlawful or fraudulent purpose. The Customer will not use or allow any other person to use any foul, profane, abusive language in connection with the service. In using the service, the Customer agrees to abide by all applicable rules and regulations of the Federal Communications Commission or any other lawful authority, and the Customer agrees to abide by all reasonable rules and restrictions imposed by Answer Aide upon its Customers generally.
   13. The Customer acknowledges that any Telephone Number assigned to the Customer’s account by Answer Aide is and will remain the property of Answer Aide.
   14. The Customer agrees to receive account related SMS notifications from Answer Aide regarding your calls. To opt-out of notifications please contact your account manager.
   15. The very nature of the Services we provide requires our staff to receive, store, relay, and monitor telephone and electronic communications on your behalf and maintain records relating to the Customer’s Account (“Your Information”). We realize that keeping this information confidential is an important part of the Services we provide to you. We release and share this information as follows: We release Your Information to you and to those you designated as per the terms of your Service Plan. If necessary and to the extent required by law, we will release the Customer’s information to law enforcement agencies and other governmental regulatory bodies. We will promptly notify you of such a release as permitted by law. We have obligations to share your information in response to subpoenas, court orders, and other similar legal requirements. We will promptly notify you if we are required to disclose information for this purpose.
   16. The failure of Answer Aide to enforce the provisions of this agreement at any time does not constitute a waiver of any of the provisions or the right of Answer Aide to avail itself of such remedies as it may have for any breach or breaches of such provisions.