The “Company” as used below is Ambs Message Center, Inc. DBA Ambs Call Center. You are referred to below as the “Customer”.
- Bills are sent to you on the first business day of each month. Payment terms are Net 25 days. It is agreed that if payment is not made, service may be discontinued any time after the 25th day of the month without further notice to you. Such interruption or termination does not relieve the Customer of the responsibility for all accrued charges. Service will not be reinstated until payment is received. Should this occur more than once, a deposit equal to two months charges will be required in addition to regular billing.
- A delayed payment charge of 1.5% per month ($12.95 minimum) which is an annual percentage rate of 18%, will be charged on all accounts not paid within 25 days from billing date. A Customer submitting a check which is returned for non-sufficient funds will be assessed a $35.00 service fee.
Liquidation Damages Clause, The Company’s liability is limited to the return of services charges associated with the message communication, for any damages, consequential or otherwise, resulting from a failure by the Company to perform any and all services under this agreement, including but not limited to a failure to take or relay a message, take an order, to process a call, even when such failure is a result of the Company’s negligence, misconduct, error or omission. Accordingly, you should be aware that this express disclaimer of liability is an integral part of the contractual relationship between you and the Company. It is agreed that we shall mutually protect, indemnify, and hold each other harmless from any claim or liability that may be asserted by anyone, in the event of loss, injury, or damages to property or persons, including third parties or entities and persons seeking to be protected even if such loss, injury or damage results or is claimed to have resulted from the Company’s negligence, misconduct or omission.
- Information taken on behalf of the Customer, by the Company is destroyed 7 years after delivery or immediately if Customer discontinues account, unless an extended information storage option is selected. Customer may, for a fee, make arrangements for longer periods of storage and/or receipt of hard copy of information.
- After minimum contract period is fulfilled, either the Company or the Customer may terminate this agreement on 30 days written notice to the other party except that Company shall not be required to give notice to Customer to terminate service for non-payment as provided above.
- Any account not paid in full within ninety (90) days will be subject to all expenses, fees, and costs associated with collection of the balance due, not limited to fees and costs for attorney, collection agency, court filing, and service of process fees for the recovery of monies due.
- The basic charges for all services are billed in advance of the billing period. Any additional charges are billed in arrears at the end of the billing period along with the basic charges for the following month. The basic charges for all services include a service rate per billing period plus any allowance inclusive of that rate as well as any overage charges per bill cycle. If the Customer does not use the minimum allowance during any billing cycle, any unused usage will not carry over for the next bill cycle. Once the minimum usage has been reached during any one billing cycle, the Customer will be billed for any usage in excess of the usage allowance at the overage rate. We charge for the amount of time we spend working for you, which is known in our industry as work time. Minutes are calculated in 30-second increments and rounded up to the next increment. All rates are subject to review and adjustment without notice. Billing statistical call records are purged after 90 days and any inquiries regarding invoice must be made within 90 days of such invoice. All set-up, programming and activation fees are non-refundable regardless of length of the agreement.
- The Customer agrees it will not use, or allow any other person to use the service, for any unlawful or fraudulent purpose. The Customer will not use, or allow any other person to use, any foul or profane language in connection with the service. In using the service, the Customer agrees to abide by all applicable rules and regulations of the Federal Communications Commission or any other lawful authority, and the Customer agrees to abide by all reasonable rules and restrictions imposed by the Company upon its Customers generally.
- The Customer acknowledges that any toll-free or other telephone number that is assigned to the Customer’s account by the Company is and will remain the property of the Company. Before advertising such a number, the Customer must obtain prior written authorization from the Company, which the Company may deny such request in its sole discretion.
- The failure of the Company to enforce the provisions of this agreement, at any time, does not constitute a waiver of any of the provisions or the right of the Company to avail itself of such remedies as it may have for any breach or breaches of such provisions.
- In the event either party is dissatisfied with services of the other party under this Agreement, the dissatisfied party shall present a written statement specifying such dissatisfaction and allow ten (10) days (the “Resolution Period”) for the other party to attempt to resolve the matter of dissatisfaction. If the matter of dissatisfaction is not resolved within the Resolution Period, the dissatisfied party may then terminate this Agreement by giving ten (10) days written notice to the other party within five (5) days of the end of the Resolution Period.
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