US Answer LLC
I agree to the Terms and Conditions and limitations of Liability listed herewith. I also agree to provide my credit card as a recurring payment method and authorize the billing of said credit card account for both USAnswer Inc. (USA) reception services and for subsequent monthly service, support and usage fees, (if applicable). I agree to provide 30-day written notice by the 1st of the month, to cancel this account.
An initial set-up fee is required with this order. After the first month of service, fees will be automatically deducted from your credit card on a monthly basis on or around the first day of each month. It is the Lessee/User responsibility to maintain a sufficient balance on their credit card account to allow settlement of charges to be paid. Interruption of service will occur in the event that the credit card balance or pre-paid balances are not maintained to assure monthly payments. There will be a $25 fee for each time payment “Decline”. Unpaid balances that go beyond 10 days are subject to temporary disconnection and a $25 re-activation fee.
All USA accounts are offered a 30-day, no questions asked, 100% money-back guaranty if not completely satisfied. Service, while reliable and of the best available, is not guaranteed: liability of interruption/ quality of service shall be limited to a maximum of one month’s service fee. Service may be cancelled at any time with said 30 days’ written notice. Service is normally set up within 2 business days. Please note that statements will be delivered on or around the first of each month to the email address specified in your account material. It is the tenant/ client’s responsibility to maintain a valid email address on their account. For marketing purposes, either party may disclose the fact that an agreement exists between the parties for use of services. If any change is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any other changes or remainder of these Terms & Conditions. We reserve the right to subcontract any of our rights and/ or obligations under the Terms and Conditions. Your continued use of our services, after we change these Terms and Conditions, USA conditions of use and/or its privacy notice constitutes your acceptance of these changes.
[Permission to Monitor and Record all calls] USA reserves the right to monitor and/or record all calls received and made by your account. These recordings will be used as a tool for continuous improvements to USA’s services and staff development. You agree and grant USA permission to utilized recorded calls for training and quality control purposes.
[Fraudulent Use of Services] MBC requires its Services to be used lawfully and in compliance with all federal, state and local governing bodies. You agree that your access to and use of your Service account is subject to all applicable laws and regulations. USA will cooperate with federal, state and local authorities regarding investigations of a civil or criminal nature. You grant consent to USA to provide contact information and account usage details to any federal, state or local authority that makes a reasonable written request.
[Governing Laws in Case of Dispute] These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Maine, as they apply to agreements made and solely performed therein. Disputes arising from these Terms and Conditions shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Maine and jurisdiction for such disputes shall rest solely in Maine.
[Severability] These Terms and Conditions incorporate by reference any notices contained on this Web Site and constitute the entire agreement with respect to your access to and use of this Web Site or our services. Any provision of these Terms and Conditions which is determine by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms and Conditions in that jurisdiction without in any way invalidating the remaining provisions of these Terms and Conditions. The unenforceability of any provision in a given jurisdiction shall not make the provision unenforceable in any other jurisdiction.
Limitations of Liability
1. Our company makes no warranty, express or implied, with respect to the USA services offered hereunder, and disclaims any express or implied warranty of merchantability or fitness for a particular purpose or use with respect to such services.
2. We will use our best efforts to maintain uninterrupted service. We are not responsible for uncompleted or irretrievable messages or beeps as a result of power and/or equipment failure.
3. In addition, because damages cannot be calculated in advance, customer agrees that the maximum liability for actual proven damages for any cause whatsoever, including but not limited to, any failure or disruption of services provided hereunder, regardless of the form of action, whether in contract or in tort or otherwise, including negligence, shall be limited to an amount equivalent to the charges payable by customer under this agreement for the services during the period such damages occur.
4. In no event shall we be liable in excess of one (1) month’s basic service charges, excluding usage fees, and in no event shall we be liable for any special or consequential damages.
5. Customer agrees that said limitations of liability are reasonable under the circumstances existing as of the execution date of this Agreement.
6. We have the right to refuse service to anyone who uses the services provided hereunder for obscenities, illegal activities, harassment or who interferes with or harasses our company, other USA customers, or our partners.
7. While it is our desire to maintain advertised message storage capacities and time values at all times, they may be changed without notice whenever necessary to maintain the overall integrity of the computer systems and un-interruption of services.
8. Our company offers its services for “normal and customary” business and personal use. We do not offer its services for all types of uses. We do not accept customers who receive large call volume, especially in a short time frame, unless a separate written agreement is in place for high volume use. One such example is direct response radio and television. In the event a subscriber’s line receives large call volume, we may, at our sole discretion, take any and all measures it considers appropriate to maintain the integrity of its systems and the service it provides to its other customers. Such measures may include, but not be limited to: limiting the number of calls the subscriber’s voice mail may receive at any one time, changing the greeting on the mailbox and/or disconnecting the voice mail service. “Large call volume” will be solely determined by the specific provider of USA Services.
9. Due to the high cost of delivering excellent services and the remote nature of our clients, our answering services are billed in advance. While we offer limited and brief terms to our customers so that there is no interruption of service in cases where the usage exceeds the estimated and prepaid amounts, it is agreed that the monthly invoice will be adjusted such that any deficit or unpaid usage will be settled and the pre-paid monthly service fee will be adjusted to compensate for the increased usage going forward.