Caregivers Answering Service (herein referred to as CAREGIVERS) is to provide inbound or outbound telephone answering services or call center services pursuant to my choices when my account was first set up and I agree to those services in accordance with the terms and conditions of this agreement. CAREGIVERS agents will capture information and data as required in my script or protocol utilizing an e-mail, fax, entering my information online, or utilizing another means of electronic transmission within the capabilities of CAREGIVERS. I understand that I must provide any telecommunications equipment or services that are used to deliver my messages to me including e-mail, pager, fax services, call forwarding services, cell phones, and any and all telecommunications devices or services outside of those provided by CAREGIVERS. CAREGIVERS agrees to make reasonable efforts to perform all services requested upon acceptance and approval of my account. CAREGIVERS intends to provide service pursuant to this proposal. CAREGIVERS cannot control failures in telephone, electric service, or other matters beyond its control and shall not be responsible to me for interruptions of service caused by matters beyond CAREIVERS control. If I am expecting an increase in call volume, I agree to give CAREGIVERS at least five (5) business days notice so CAREGIVERS can appropriately staff my account. Initial staffing of my account shall be based on projections and program deposits.
2. Improper use of service
I will not use CAREGIVERS service for any illegal, illegitimate or fraudulent purpose. If CAREGIVERS believes I am using their service for such a purpose, CAREGIVERS has the right to terminate my service without giving me any prior notice. I will also not sell their service or make it available to any parties without written approval from CAREGIVERS. The service will only be used by me or my authorized agents. The service is owned by CAREGIVERS including all copyrights and trademarks.
3. Billing
Payment by credit card or check by phone is required and a credit authorization limit is to be established. All plans have a $50.00 non-refundable activation charge applied to billing setup. Base rate is due in advance and overage minutes are billed the following month. If the use of services depletes the base rate, CAREGIVERS reserves the right to require that the base rate be restored. All calls are measured in six (6) second billing increments and calls have a minimum of six (6) seconds. Time of call is measured from connect to disconnect time as recorded by CAREGIVERS telephone carrier. Charges include all inbound and outbound actions. Invoice terms are twenty (20) days from date of invoice. Payments must be in possession of CAREGIVERS on or before their due date. CAREGIVERS reserves the right to require payment outside of a regular billing cycle. If bill is not paid within fifteen (15) days of the due date, a $10.00 late fee is applied to the balance. A $25.00 fee for each returned check will be charged to cover bank fees. Accounts thirty (30) days past due will be shut off for non-payment. Accounts that are shut off for non-payment are sent to a collection agency and a 25% charge is added to the total due for their fees. To dispute any charges on my bill, I agree to send CAREGIVERS written notice of the dispute within thirty (30) days of my statement date, or the statement and the charges on the invoice will be deemed payable in full. I will provide detailed information of the dispute to the best of my abilities including all applicable bank and credit card transactions, and I agree to cooperate with CAREGIVERS during their investigation of the dispute. If CAREGIVERS initiates legal proceedings to collect any amount owed to CAREGIVERS and the courts or verdict rules in favor of CAREGIVERS, I agree to pay a reasonable amount of CAREGIVERS attorney fees and subsequent court costs associated with any judicial proceedings or appeals. In accordance with this agreement, I waive all rights to a jury trial.
4. Terms
This agreement shall be on a month to month basis [one (1) month minimum] and shall continue unless cancelled by either party upon thirty (30) days written notice. CAREGIVERS agrees to provide telephone answering services and call center services up to 24 hours per day. I shall not use CAREGIVERS service for any illegal, illegitimate or fraudulent purpose and agree to adhere to the terms and conditions of this agreement. If CAREGIVERS believes I am using their service for such a purpose, CAREGIVERS has the right to terminate, suspend, or restrict my service immediately without prior notice for any violation of these terms or any activities which CAREGIVERS deems fraudulent or illegitimate.
5. Regarding Errors
I agree that, due to the nature of oral communications, CAREGIVERS shall not be held responsible in any manner for accuracy in receiving and transmitting communications under this agreement. CAREGIVERS makes no guarantee that it will be equipped to handle unexpected increases in call volume. CAREGIVERS does not guarantee that its service is error free, information will be transmitted without delays, the security of information carried over any telecommunication medium, or that data will remain uncorrupted and otherwise intact. CAREGIVERS will engage in all reasonable efforts to provide service to its customers. If any error occurrs where I feel CAREGIVERS was not providing appropriate services which resulted in error in message reception or transmission, it is my responsibility to inform CAREGIVERS within thirty (30) days following such reception or transmission. Any credit for such errors in transmission or reception shall be at the discretion of CAREGIVERS and any credit offered on my account will be applied to my account and any forthcoming invoices. Credit for CAREGIVERS actual charges shall be my sole remedy. If CAREGIVERS assumes responsibility, it shall only assume responsibility for direct damages and not for any indirect damages (including loss of profits, loss of business, loss of revenue, loss of property) for any cause of action. Any liability CAREGIVERS takes shall be limited to the amounts I paid CAREGIVERS for their services during the time of the incident.
6. Confidentiality
Each party agrees that it will not permit the duplication, use, or disclosure of any confidential information including reports and summaries of activities of the parties, person or entity unless written consent has been obtained from the other party. Confidential information shall not include information that is generally known by the public and any competitors of either party or is required to be publicly disclosed by law, regulation or other acts of governmental authority.
7. Authorization
All services CAREGIVERS provides to me are subject to the approval of CAREGIVERS. I hereby authorize CAREGIVERS to investigate my credit if they deem it applicable to the nature of my account. CAREGIVERS reserves the right to request a letter of credit from my bank or financial institution and/or security deposits to ensure my account remains in good standing. I understand that my responsibility for payment to CAREGIVERS for all charges and services rendered shall survive any termination of this agreement for whatever reason.
8. Other
This agreement shall be governed by and interpreted in accordance with the laws of the jurisdiction of the State of Pennsylvania, without regard to the principles of conflict of laws there under. In the event of legal action, I agree the location of the venue will be in any state or federal court which has jurisdiction over business dealings and actions performed in Montgomery County, Pennsylvania. The terms and conditions of this agreement may be amended or waived provided written consent is obtained from both parties, CAREGIVERS and customer.
