Last modified 08.12.24

1. Definitions

 

For the purpose of these Terms and Conditions, "Answering.com," "we," "us," and "our" refer to Answering.com, a company headquartered at 111 S. Meldrum St., Suite 100, Fort Collins, CO 80521. The terms "Client," "you," and "your" refer to the individual or entity that enters into this agreement with Answering.com for the provision of our communication services. "Services" encompass all of the services offered by Answering.com, including but not limited to telephone answering, live chat, AI-driven customer interactions, and any other associated or supplementary services. The term "Agreement" refers to the contract established between you and Answering.com as outlined in these Terms and Conditions.

 

2. Acceptance of Terms

 

By using our services, you agree to comply with and be bound by these Terms and Conditions. This Agreement constitutes the entire understanding between you and Answering.com with respect to the subject matter herein and supersedes all prior agreements, negotiations, or communications between the parties. If you do not agree to these terms, you must refrain from using our services. Your continued use of our services constitutes your acceptance of these Terms and Conditions.

 

3. Services Provided

 

Answering.com provides a comprehensive suite of communication services tailored to meet the needs of your business. These services include, but are not limited to, telephone answering services, where our professional agents manage inbound calls, handle messages, and offer customer support according to the scripts and instructions provided or approved by you. Our live chat services enable real-time customer interaction on your website, managed either by our trained live agents or through AI-driven chatbots designed to handle routine inquiries efficiently. Additionally, we offer automated attendant and AI Voice Interactive Voice Response (IVR) systems that streamline customer interactions by guiding them through predefined options to resolve their queries. Our team works closely with you to develop custom scripting that aligns with your business needs, ensuring that all customer interactions are consistent, accurate, and reflective of your brand's values. The specific services to be provided will be detailed in the service plan you select, which will outline the features, limitations, and pricing applicable to your account.

 

4. Fees and Payment Terms

 

You agree to pay the fees associated with the services as detailed in the service plan you select. All charges for services will be billed on a monthly basis unless otherwise specified in a written agreement. Invoices will be sent to you electronically and are payable upon receipt. Payment must be made within thirty (30) days of the invoice date unless alternative terms have been agreed upon in writing. Accepted payment methods include credit card, ACH transfer, or any other method that we may approve. It is your responsibility to ensure that payments are made on time. In the event that payment is not received within the specified period, a late fee of 1.5% per month, or the maximum rate permitted by law, whichever is lower, will be applied to the outstanding balance. We reserve the right to suspend or terminate services if your account becomes overdue. If you dispute any charge, you must notify us in writing within thirty (30) days of the invoice date. Disputes must include a detailed description of the issue, and we will work with you to resolve the matter promptly. Your obligation to pay undisputed amounts remains in effect.

 

5. Service Activation and Modifications

 

Services will be activated once we have received all necessary documentation from you, including, but not limited to, call scripts, customer information, and payment details. The activation process may vary depending on the complexity of the services requested. We will make reasonable efforts to activate services as quickly as possible, but we do not guarantee any specific activation timeline. You may request changes to your service plan at any time by providing written notice to us. We will accommodate such requests to the best of our ability, and any changes to the service plan may result in adjustments to your fees. All changes will be reflected in your subsequent invoices. Should we need to make changes to the services we provide, including modifications, upgrades, or discontinuation of certain features, we will provide you with reasonable notice, typically via email or through our website. Your continued use of the services after such changes have been implemented will constitute your acceptance of the changes.

 

6. Term and Termination

 

This Agreement commences on the date of service activation and continues on a month-to-month basis unless terminated by either party in accordance with these terms. You may terminate this Agreement at any time by providing us with written notice via email or mail. Upon receiving your termination request, we will initiate the cancellation process within two (2) business days. All monthly service plans will remain active until the next billing cycle, and customers will remain responsible for overages if applicable. Certain services may require additional time to be fully deactivated or actions on the part of the customer, such as the cessation of call forwarding, the porting of phone numbers, or the processing of toll charges. During this transition period, you will remain responsible for any fees or charges incurred.

We reserve the right to terminate this Agreement or suspend services at any time, with or without cause, by providing you with thirty (30) days' notice. In cases of non-payment or material breach of these Terms and Conditions, we may terminate services immediately without prior notice. Upon termination, all outstanding amounts owed by you to Answering.com become immediately due and payable. The provisions of this Agreement that by their nature should survive termination, including payment obligations, confidentiality, and indemnification, will continue to apply.

 

7. Use of Services

 

You are responsible for providing accurate and complete information necessary for the provision of our services. This includes providing up-to-date call scripts, customer data, and any other instructions that may impact how we interact with your customers. It is your obligation to ensure that all information provided is current and accurate. Failure to do so may result in errors or issues in service delivery, for which we cannot be held liable. You agree to use our services in compliance with all applicable laws and regulations. You must not use the services for any unlawful, fraudulent, or inappropriate purposes, including but not limited to harassment, defamation, or any activity that could cause harm to individuals or businesses. We reserve the right to monitor the use of our services to ensure compliance with these terms and to maintain the quality and security of our services. Any misuse of the services may result in immediate suspension or termination of your account.

 

8. Confidentiality

 

Both parties acknowledge that during the course of this Agreement, they may have access to confidential and proprietary information belonging to the other party. This information may include, but is not limited to, business plans, customer lists, technical data, and other non-public information. Both parties agree to maintain the confidentiality of such information and to use it only for the purposes of fulfilling their obligations under this Agreement. Confidential information may not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law or as necessary to perform the services. The obligation to maintain the confidentiality of the information shall continue for a period of three (3) years following the termination of this Agreement. However, this obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, is independently developed by the receiving party without reference to the confidential information, or is required to be disclosed by law.

 

9. Data Protection

 

We are committed to protecting your data and complying with all applicable data protection laws and regulations. We will implement appropriate technical and organizational measures to ensure the security of any personal data you provide to us. These measures are designed to prevent unauthorized access, disclosure, or loss of data. You are responsible for ensuring that any personal data you provide to us has been collected and disclosed in compliance with applicable data protection laws. You must obtain all necessary consents from individuals whose data you provide to us and ensure that such data is accurate and up-to-date. We will only process personal data in accordance with your instructions and for the purposes of providing the services outlined in this Agreement. You agree to indemnify and hold us harmless from any claims, damages, or penalties arising from your failure to comply with data protection laws, including any failure to obtain the necessary consents.

 

10. Call Recording and Monitoring

 

For quality assurance, training, and compliance purposes, we may record and monitor calls made or received as part of our services. By using our services, you consent to such recording and monitoring. You are responsible for informing your customers and obtaining any required consents for call recording, as required by applicable law. We will retain call recordings for a period of time as determined by our internal policies, after which they may be securely deleted. These recordings will be treated as confidential and will not be disclosed to third parties, except as required by law or as necessary to fulfill our obligations under this Agreement.

 

11. Intellectual Property

 

All intellectual property rights in the services provided by Answering.com, including but not limited to software, documentation, and any modifications or improvements, are and will remain the exclusive property of Answering.com. You are granted a limited, non-exclusive, non-transferable license to use the services solely for your internal business purposes, subject to these Terms and Conditions. This license does not grant you any ownership rights in the services or any related intellectual property. You may not copy, modify, distribute, or reverse engineer any part of the services without our prior written consent. Any breach of this provision may result in the immediate termination of your license to use the services and may subject you to legal action.

 

12. Indemnification

 

You agree to indemnify, defend, and hold harmless Answering.com, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorney's fees, arising out of or related to your use of the services, your breach of this Agreement, or your violation of any applicable law or regulation. We agree to indemnify, defend, and hold you harmless from and against any claims, damages, liabilities, costs, and expenses arising out of or related to any third-party claim that the services provided by Answering.com infringe upon any valid U.S. intellectual property rights. In the event of such a claim, you must promptly notify us in writing and cooperate with us in the defense of the claim. We reserve the right to control the defense and settlement of any such claim.

 

13. Limitation of Liability

 

To the fullest extent permitted by law, neither party shall be liable to the other for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, or business interruption, arising out of or related to this Agreement, even if the party has been advised of the possibility of such damages. The total liability of Answering.com to you for any and all claims arising out of or related to this Agreement shall not exceed the total amount paid by you to Answering.com in the twelve (12) months preceding the event giving rise to the claim. This limitation of liability applies regardless of the form of action, whether in contract, tort, or otherwise, and whether the damages were foreseeable.

 

14. Force Majeure

 

Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, labor disputes, governmental regulations, fire, flood, earthquake, or other natural disasters. In the event of a force majeure event, the affected party shall promptly notify the other party in writing and make reasonable efforts to resume performance as soon as possible. If the force majeure event continues for more than thirty (30) days, either party may terminate this Agreement without liability by providing written notice to the other party.

 

15. Governing Law and Jurisdiction

 

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. Any disputes arising out of or related to this Agreement shall be resolved in the state or federal courts located in Fort Collins, Colorado. Both parties hereby consent to the personal jurisdiction of these courts and waive any objections to the venue of such courts.

 

16. Amendments

 

We reserve the right to amend these Terms and Conditions from time to time. Any amendments will be effective upon posting on our website or sending notice to you. It is your responsibility to review these terms periodically. Your continued use of the services after any amendments are posted or communicated to you will constitute your acceptance of the amended terms.

 

17. Assignment

 

You may not assign or transfer this Agreement, or any rights or obligations under this Agreement, without our prior written consent. Any attempt to assign or transfer this Agreement without such consent will be null and void. We may assign or transfer this Agreement to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of our assets, without your consent.

 

18. Third-Party Service Provision

 

We reserve the right to subcontract any or all of the services provided under this Agreement to third parties. We will remain responsible for the performance of any subcontracted services and will ensure that any subcontractors comply with the terms of this Agreement. You acknowledge and agree that we may use subcontractors to provide certain services, including but not limited to technical support, call handling, and data processing.

 

19. Publicity

 

You agree not to use our name, logo, or other branding elements in any public statements, marketing materials, or other communications without our prior written consent, except as required by law. We may use your name and logo in our marketing materials, including on our website, to identify you as a client, unless you notify us in writing that you do not wish to be identified in this manner.

 

20. Entire Agreement

 

This Agreement constitutes the entire understanding between the parties with respect to the subject matter herein and supersedes all prior agreements, negotiations, and communications, whether written or oral. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

 

21. Severability

 

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to render it valid and enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties set forth herein.

 

22. Waiver

 

No waiver of any term or condition of this Agreement shall be construed as a continuing waiver of such term or condition or any other term or condition. Any waiver of any provision of this Agreement must be in writing and signed by the party against whom the waiver is to be enforced. The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

 

23. Notices

 

All notices required or permitted under this Agreement shall be in writing and shall be delivered by hand, by certified or registered mail, return receipt requested, by a nationally recognized overnight courier service, or by email (with confirmation of receipt) to the addresses provided by the parties. Notices shall be deemed received upon delivery by hand, five (5) days after mailing, or upon confirmation of receipt by email.

 

24. Counterparts

 

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

 

25. Headings

 

The headings used in this Agreement are for convenience only and shall not affect the interpretation of the terms and conditions herein. The parties acknowledge that they have read this Agreement, understand it, and agree to be bound by its terms and conditions.

 

Contacting Us

For any questions relating to this policy, you may contact us using the information below.

Website: 
answering.com/contact-us

Email: 
support@answering.com

Phone: 
970-838-0600

Mail:
Answering.com LLC
111 S. Meldrum St.
Suite 100
Fort Collins, CO 80521