Answering Services Agreement – Terms of Service
This Answering Services Agreement (“Agreement”) is by and between Ring Savvy, Inc d/b/a Answering Legal (“AL”) and (“Customer”). By indicating acceptance in writing, online or making any purchase, Customer accepts and agrees to be bound by the terms of this Agreement.
- Responsibilities.AL will: (i) secure a phone number (“#”) for Customer and answer customer calls (“CC”) following Customer’s script; (ii) provide the “Services” described in section 2. Customer will: (i) provide to AL the script(s) and directions Customer would like AL to follow for CCs; (ii) activate forwarding options when Customer wants calls to be directed to AL.
- Fees.AL will charge Customer’s credit card for carrier recovery fund of $21.50. All Fees, once charged, are non-refundable.
- Payments:Customer authorizes AL to process payment of Fees using the credit card information provided by Customer upon sign-up.
- Confidential Information; Intellectual Property.Each party agrees to treat all information as confidential. AL will use reasonable efforts to avoid eliciting information from Customer’s clients that would be subject to attorney-client privilege, except at the explicit direction of Customer.
- Term.This Agreement shall remain in effect until either party provides written notice of termination. 30 day written notice or a $100 termination fee is required to terminate service.
- Disclaimer of Warranties; Damages.Customer agrees that AL’s services are administrative in nature, and AL will not provide any legal advice to any client of Customer or otherwise take any action which may be construed as the practice of law. AL does not make any warranties regarding Services, including, without limitation, warranties (a) of merchantability or fitness for a particular purpose, (b) regarding dropped telephone calls, response time, errors made or any other results. AL will not be liable for any special, indirect or consequential damages suffered by Customer or any damages resulting from missed, misdirected or dropped CCs. AL’s liability to Customer shall be limited to Fees paid for the monthly service.
- Indemnification.Each party will defend and indemnify the other party against any and all third party claims arising out of a breach of this Agreement. Customer will also indemnify and defend AL against (i) any use by Customer of the #, (ii) any malpractice or other claim initiated by any Customer client, (iii) any violation of applicable law by Customer.
- Non-Solicitation.Customer hereby agrees that it shall not, for 2 years following the Term, hire or engage any of AL’s (or any affiliate’s) employees or independent contractors or otherwise interfere with AL’s relationship with any of its employees or independent contractors.
- Notice; Amendment.All notices shall be in writing and provided to Customer via email or posted by AL at www.AnsweringLegal.com. No amendment to this Agreement shall be effective unless it is in writing and is (a) signed by both parties, (b) sent via email by AL to Customer, or (c) posted on www.AnsweringLegal.com(in which case such amendment shall be binding on both parties 10 days from the date of such posting, unless such changes are addressing new functions for the Services or changes made for legal reasons, in which case such changes will be effective immediately). Customer shall be permitted to terminate this Agreement by providing 30 days’ notice to AL within 10 days of the posting of any modification to this Agreement, in which case Customer shall remain subject to the version of this Agreement prior to modification. In the absence of a notice of termination, Customer’s continued use of the Services shall constitute its express acceptance of any such Amendment.
- The Free Trial:Answering Legal reserves the right to refuse a free trial to any inquirer on the basis of:
- The inquirer intends to use the free trial for an advertising campaign, i.e. TV, Web, Radio, Direct Mail, or any other method of increasing call volume.
- The inquirer having already used the free trial in the past.
- The inquirer has been sanctioned by a BAR association in any state or has a criminal record of any kind.
- Permitting the inquirer to use the free trial would result in an already existing customer of Answering Legal’s to terminate the business relationship/
- Answering Legal deems that the inquirer is not a good fit for our service to be provided.
Answering Legal also reserves the right to terminate the free trial at any point in time on the basis of:
- To quote the inquirer on the cost of the service on a month-to-month basis.
- The inquirer has used more than 150 minutes of virtual receptionist time.
- The inquirer has been abusive or has harassed Answering Legal employees.
- The inquirer is unresponsive to Answering Legal support.
- Answering Legal deems that the inquirer is no longer a good fit for our service to be provided.
- Any of the reasons listed in the rights to refuse a trial become apparent.
- Miscellaneous.Any telephone number assigned to Customer by AL shall remain the property of AL. The rights and obligations of the parties shall be governed by the laws of the State of New York, without reference to conflict of law principles, and all disputes arising under or in connection with this Agreement shall be governed by the internal laws of the State of New York and shall be brought and tried in federal or state courts located within the County of Suffolk, State of New York, and the parties hereby consent to submit to the personal jurisdiction of such courts. AL will only activate an account with a customer who is a Principle of the firm and/or business, and in no such case will provide service without the affirmed consent of the majority owner. Customer hereby acknowledges that AL may, in its sole discretion, outsource and/or subcontract certain functions in providing the services. Each party will be and act as an independent contractor. AL may assign this Agreement, without the consent of Customer, and Customer may not sell, transfer or otherwise assign its rights under this Agreement without AL’s written approval.