Terms of Service
Last Updated May 31, 2024
All amounts due with respect to this agreement including any sales, use, value added or similar taxes, fees and charges, which are imposed upon the service to be provided pursuant to this agreement, will be billed by Voicemail Office / Live Answering Network (herein the Company) to the signatory on the live answering account application, and/or the legal entity whose duly authorized representative signed the agreement (herein the Customer).
Company agrees to sell to Customer and Customer agrees to purchase from Company live answering services according to the terms and conditions of this agreement.
Company agrees to use its best efforts to accurately transmit all voice, fax and other electronic messages. Customer acknowledges messages may be lost for many reasons other than by reason of negligence of Company, including but not limited to, dialing errors, power failures, malfunctioning of wireline and wireless communication networks and electrical interference. Customer agrees Company shall not be liable for lost profits or exemplary, special, incidental, consequential or punitive damages which arise directly or indirectly out of use, lack of use, unavailability or malfunction of the services, whether such damages are asserted in an action brought in contract, in tort or pursuant to other theory. Customer agrees to use the services only in accordance with applicable law.
Customer understands that human errors do occur on occasion in the taking of messages by operators. Customer agrees Company shall not be liable for lost marketing/advertising dollars, profits or exemplary, special, incidental, consequential or punitive damages which arise from any error on the Company’s behalf.
Company reserves the right to cancel service at any time over concerns that arise from the use or abuse of the service for any reason. Company also reserves the right to refuse answering services to companies or organizations that Company feels is not a good fit or due to right of conscience issues.
Customer further understands and agrees to be responsible only for services rendered by Company up until the end of the agreement that the Company receives, in writing from Customer (via E-mail: cancel(at)liveanswering.net, Fax or Certified or Registered mail), Customer’s written desire to cancel services. All written cancellation letters must include the forwarding number provided to customer and bear the signature of the Customer before the live answering account is terminated. Customer will then receive confirmation of the cancellation, which can be used to validate the cancellation. Cancellations are not conducted by telephone and must be received in writing 30 days prior to the start of the customer’s next billing cycle, which is on the 1st of each month.
Customer understands that the Free Trial offered on our site only applies to the Flat Rate Call “Starter” plan and has specific conditions that must be followed in order to take advantage of this special offer, which, by the following link, its terms are hereby incorporated into this service agreement: https://liveanswering.net/pricing/7-day-free-trial/ Should Customer be in a free trial period, cancellation must be made before the 1st of the month via E-mail. After the 1st of the month, accounts will be billed the normal monthly rate as agreed upon account signup.
Customer agrees that in addition to any monthly calling plan or package pricing, which are subject to rate changes and only upon monthly renewal (unless a separate annual agreement is signed), Customer is fully responsible for any excess minutes or calls used outside of plan or package, and will be billed accordingly. Unless otherwise noted, excess minutes or calls are billed at $1.99 per minute or call, unless a discount or special pricing is offered in advance, which may be as low as $1.19 per minute or call. Additionally, Customer acknowledges that accounts are billed $5 per month for a server admin / storage fee, and that account template changes or updates may be billed at a one-time fee of $10 or up $25 fee depending on adjustment required. Any calling plan or package upgrades or downgrades must be done a month prior to next billing cycle, which is on the 1st of each month. Reactivation of cancelled accounts are subject to a one-time $25 reactivation fee. Any Customer that does not maintain a valid credit card on file, which is able to be automatically billed without special approval, or banking information for monthly billing will be assessed an additional $10 monthly account maintenance fee.
Failure to follow cancellation process will result in a disconnection charge and forfeiture of any account credits. Additionally, if the Customer, for any reason, abandons their account by failing to keep his or her account information updated, a non-refundable $199 disconnection/abandonment charge will be applied prior to the account’s transfer to collections. Customer, whether the duly authorized signatory on the account application and/or the legal entity he or she acted on behalf of in setting up the account, fully acknowledges and accepts the legal responsibility for the billing on the account and understands that any collection actions may be filed against the signatory and/or the legal entity. Customer further agrees to be responsible for any and all collection expenses and/or attorney’s fees in the event the account falls into collection status or legal action is necessary in order to recover the debt. Customer agrees that any disputes arising from this agreement will be subject to the laws of Commonwealth of Pennsylvania and brought only within the jurisdiction of the Commonwealth. However, Company may opt to seek legal remedy for any disputes either in Pennsylvania or the jurisdiction where the Customer resides or chief place of business is located.
Collection activity will also be conducted on accounts should any unwarranted chargeback be made for all costs incurred as a result of the action, including for direct fees as stated in this agreement. Customer agrees to pay a $39 fee for any unwarranted chargeback or ACH (Virtual Check) bounce back that occurs on Customer’s account.
Customer agrees that all the information provided on service application is correct and complete and authorizes Company to charge all amounts owed that exceed 5 days past due from the original bill date a $10 late fee.