Terms of Service

‍AnswerLinks, hereby agrees to provide various Telecommunications Services to Client pursuant to the Terms  and Conditions set forth herein. The Client accepts AnswerLinks Terms and Conditions by taking any of the  following actions: (I) by providing a signature, electronic or actual, accepting these Terms and Conditions; or  (II) by registering or applying for AnswerLinks Answering Services. 

FIRST 28 DAYS 

During the first 28 days of service, services are cancelable by either party at any time. 

SUBSCRIPTION AND PAYMENT METHOD  

Regular service on the specified service start date (“Initiation Date”). Client shall pay to AnswerLinks the Subscription  Charge as set forth in the Subscription plan chosen. Billing starts for your subscription on the day you sign-up, even if all  services are not immediately functioning or available. Your first invoice will be pro-rated as to the day services starts to the  end of Answerlinks current billing cycle. A billing cycle is considered every 28 days. The Client must maintain a valid credit  card, debit card or bank account for (ACH)automated clearing house transaction on file with Answerlinks. The Client  agrees that we many charge your credit or debit card or withdraw monies from your banking institution that your have on  file with us along with any sales taxes and late fees. If payment by checks are preferred, paymnet but must be received  within 28 days of the date of the invoice and a credit card, debit card or ACH must still remain on file with Answerlinks in  and will be charges or debit for all outstanding balances. A 3% service fee will be added to all credit card payments.  

.  

AUTOMATIC RENEWAL TERM 

This agreement shall be for a term of 28 days and shall automatically renew unless 28 days prior written notice has  been given to the other party. To cancel service, please call 877-658-4037, email support@answerlinks.net, or send  written notification to: 

‍

AnswerLinks Inc. 

314 ½ Allegheny Street,  

Hollidaysburg, PA  

16648 

‍

If either party is in material default of this agreement, the other party may cancel this agreement immediately pursu ant to the terms below. After each set of 13 consecutive billing cycles, AnswerLinks reserves the right to increase the  Client rate by no more than 4.00%.  

LATE FEES  

Any payment(s) not received within 28 days of the Due Date, and every month thereafter, are subject to a monthly  late fee of $10 and in interest rate of 1.5% (18% per year) of the outstanding balance per month subject to any  restrictions imposed by local law (“Late Fee”). If unpaid fees are turned to a collections agency or and attorney, you shall  pay all reasonable fees. Returning customers must pay unpaid balance and late fees prior to resumption of services.  

‍

CONFIDENTIALITY 

The nature of the Telecommunication Services provided hereunder may require AnswerLinks to receive, store, relay  and monitor telephone and electronic communications on the Client’s behalf, and maintain records relating to the  Client’s Account (“Client’s Information”). AnswerLinks realizes that keeping this information confidential is an import ant part of the Telecommunication Services AnswerLinks provides to the Client. AnswerLinks releases and shares this 

1

information as follows: (I) AnswerLinks releases Client’s Information to the Client and to those the Client designated  as per the terms of the Service Agreement; (II) if necessary and to the extent required by law, AnswerLinks will release  Client’s Information to law enforcement agencies and other governmental regulatory bodies and AnswerLinks will  promptly notify Client of such a release as permitted by law; and (III) AnswerLinks has obligations to share Client In formation in response to subpoenas, court orders and other similar legal requirements and AnswerLinks will promptly  notify Client if AnswerLinks is required to disclose information for this purpose. AnswerLinks does not warrant or rep resent that AnswerLinks is compliant with requirements of Payment Card Industry Data Security Standard (PCI DSS). AnswerLinks reserves the right to monitor and record Client calls and electronic communications for quality assur ance. By accepting these Terms and Conditions Client authorizes AnswerLinks monitor and record all the of Client’s  calls to and fromt AnswerLinks concerning the Client’s Account or the Telecommunication Services and Client  consents to AnswerLinks contacting the Client from time to time by means of (a) automatic dialing equipment; (b) live  operator communications; or (c) all other electronic means like e-mail or SMS messaging. ‍

‍

LIMITATION OF LIABILITY 

In no event shall AnswerLinks, its parents, subsidiaries, affiliates, and their respective members, managers, directors,  officers, employees, stockholders, agents, and any underlying carrier be liable for any damages, including but not  limited to direct, compensatory, indirect, incidental, consequential, special, exemplary, or punitive damages (including,  without limitation, damages for loss of profits, business interruption, loss of information) arising out of or relating to  (I) Client’s inability to use the materials, content, services, or accounts; (II) Client’s misuse of the materials, content, services, or accounts; (III) non-performance or a failure of the services caused by acts or omissions of another service provider; (IV) equipment or software modification; (V) telecommunications or computer equipment failures; or (VI) divine acts, or other causes beyond AnswerLinks reasonable control. The foregoing shall apply even if AnswerLinks has been advised of the possibility of such damages. AnswerLinks also makes no representations or warranties that Client’s access to and use of the site, materials, content, services, and accounts (1) will be uninterrupted or error free; (2) is free of viruses; (3) is secure; or (4) will meet client’s satisfaction. Client is responsible for taking all precautions client believes necessary or advisable to protect client against any claim, damage, loss, or hazard that may arise by virtue of client’s use of the site, materials, content, services, and account. 

In no event shall AnswerLinks, its parents, subsidiaries, affiliates, and their respective members, managers, directors,  officers, employees, stockholders, agents, and any underlying carrier be liable for injuries to persons or property aris ing from use of the services, or any equipment used in connection with the services.  

If, notwithstanding the other terms of this agreement, AnswerLinks should have any liability to client or any third party  for any loss, harm, or damage, Client and AnswerLinks agree that in no event shall liability of AnswerLinks to Client for  any reason exceed AnswerLinks’ monthly charge during the affected period giving rise to such liability, which shall be  the exclusive remedy hereunder. 

Client and AnswerLinks agree that this “Limitation of Liability” clause is an agreed allocation of risk between Client and  AnswerLinks. Client acknowledges that, absent Client’s agreement to this limitation of liability, AnswerLinks will not  provide the site, materials, content, services, or accounts to client. 

This “Limitation of Liability” shall apply to the fullest extent permitted by law and shall survive termination of this  agreement. ‍

‍

INDEMNITY  

Client agrees to defend, indemnify, and hold harmless AnswerLinks, its parents, subsidiaries, affiliates, and their re spective members, managers, directors, officers, employees, stockholders, agents, and any underlying carrier harmless  from and against any and all claims, expenses, or damages (including reasonable attorneys’ fees), whether known or  unknown, arising from, incurred as a result of, or in any manner related to (I) Client’s use of the telecommunication  services; (II) any other person’s use of any account or pin Client maintains, regardless of whether such use is autho rized by Client; or (III) Client’s promises or statements made in this agreement. Client hereby agrees to waive all laws  that may limit the effectiveness of the foregoing releases. This indemnification shall apply to the fullest extent permit ted by law and shall survive the termination of this agreement.  

‍

WARRANTY 

Client acknowledges and agrees that AnswerLinks has not made, and does not make, any warranty or guarantee with  respect to the Service or Applications, whether express or implied, and that the Service is offered to you “AS IS” and  “AS AVAILABLE.”  

Client acknowledges and agrees that AnswerLinks cannot and does not guarantee: (I) that the Service will be available  at all times; (II) that voicemail, notifications or e-mail messages or other services will be delivered or received within a  particular time, or will be transmitted accurately; or (III) that voicemail, notifications or e-mail messages will be stored  for any particular time. Client acknowledges and agrees that AnswerLinks cannot and does not guarantee the success ful connection of phone calls, text messages, emails, fax that terminate at a service provided by an individual or entity  other than AnswerLinks. 

AnswerLinks makes no warranties regarding the services whatsoever and disclaims any and all express or implied war ranties of any kind, including any warranties of merchantability, non-infringement of intellectual property, fitness for  a particular purpose, or warranties arising by course of dealing or custom or trade. AnswerLinks does not authorize  anyone to make a warranty of any kind on AnswerLinks behalf and client should not rely on any such statement. This  warranty section shall survive termination of this agreement. 

‍‍

FORCE MAJEURE 

In the event of any event outside of the control of AnswerLinks, including but not limited to divine acts, acts of the  public enemy, acts or omissions of other parties (including litigation by third parties), flood, fire, epidemics, pan demics, quarantine restrictions, embargoes, earthquake, explosion, the elements, unusually severe weather, or other  casualty, war, terrorism, blockade, security problems, insurrections, riots, mob violence or civil disturbance, acts of the  Federal government, acts of other parties, inability to procure or a general shortage of labor, equipment or facilities,  energy, freight, materials or supplies in the open market, failure of transportation, strikes, walkouts, boycotts, picket ing, slow-downs, work stoppages or other labor actions, or delays due to any of the foregoing such causes, and actions  or inactions by any Federal, State or Governmental Body with respect to the Telecommunications Services, both the  Client and AnswerLinks are excused from their respective obligations under this Agreement, except for the obligation  to payment. 

‍

RECEPTIONIST MINUTES 

Receptionist minutes are billed in 30-second increments and calls are rounded up to the nearest 30-second mark. For example, if a call is ten seconds long, it will be billed as 30 seconds (or half of a receptionist minute). Overages of  allotted minutes will be charged at the package plan rate per minute plus 0.05. Unused minutes on the package plan  choses do not carry over to the next month billing cycle as a credit as a credit. Client may choose to adjust package plan  initially chosen based on time of year and needs. A package plan change may not be adjusted mid-billing cycle. Minutes  billed include client maintenance time.  

For inbound calls, receptionist time is calculated starting from the time the receptionist receives the call and ending  when a receptionist transfers the call through to someone, or to voicemail, SM+, Page, Fax or Email or otherwise dis connects because the call is over. AnswerLinks includes hold time while our receptionist are waiting for the called  person to answer and excludes the talk time once a call is transferred to Client or Client’s voicemail box. 

For outbound calls, receptionist minutes are calculated by counting the time the receptionist is on the call, as well as  the time they spend sending a follow-up email, SM+, Page, Fax or a call to fill Client in on the results of the call. 

‍‍

TELEPHONE NUMBERS

Any telephone number ported to AnswerLinks shall remain the property of the Client. AnswerLinks will allow the  Client to port away the telephone numbers, so long as the Client has an account in good standing and, for numbers  assigned to the Client by AnswerLinks, the Client has been assigned the number more than twenty one (21) days prior  to the port-away date. If numbers aren’t ported back by the Client within three (3) months, AnswerLinks reserves the  right to reassign the number. ‍

‍

MAINTENANCE OF ON-CALL SCHEDULES

Client is responsible for maintaining up-to-date on-call information in the AnswerLinks Intellisite. Failure to maintain up to-date schedules will result in the use of minutes in your subscription plan based on the amount of time it takes  Answerlinks to enter schedules on your behalf.  

‍

‍MISCELLANEOUS 

These Terms and Conditions and the AnswerLinks Service Agreement set forth the entire Agreement between the  parties. This Agreement shall be binding upon all successors and assigns of the parties hereto. These Terms and Condi tions may only be modified in writing, signed by an authorized representative of AnswerLinks. 

AnswerLinks reserves the right to terminate the call or otherwise suspend Client’s account if the Client or their callers  are abusive, disrespectful, or otherwise inappropriate to our receptionists or service providers. AnswerLinks reserves  the right to not respond to requests, or terminate the call or the Client’s account, if: (I) AnswerLinks suspect that a  request constitutes or otherwise relates to fraudulent or otherwise illegal activity; (II) AnswerLink’s suspect that the  request relates to a sexual or otherwise potentially illicit encounter; or (III) Client harasses, or otherwise makes  inappropriate comments or suggestions to AnswerLink’s staff or personnel.  

AnswerLinks services are intended for customers in North America. 

‍

AUTHORIZATION 

If the undersigned is entering this Agreement on behalf of a partnership, corporation, LLC or other similar business  entity, the undersigned represents and warrants that he or she possesses the power, authority and capacity to enter  into and perform this Agreement, and further that he or she has taken all proper and necessary action to authorize  the execution, delivery and performance of this Agreement. 

‍

JURISDICTION 

The laws and jurisdiction of the Commonwealth of Pennsylvania shall govern any and all matters of dispute between  AnswerLinks and Client. Any dispute arising from these Terms and Conditions shall be resolved in the state or federal  courts located in Blair County, Pennsylvania, and the parties irrevocably consent to jurisdiction in such courts. 

Last modified: November 2021