Terms and Conditions

Term

Your service begins the day it goes live on our systems and runs through the following billing period and will automatically renew for one (1) billing period at the end of each term. Service will be provided until canceled in writing. Cancellation by Client shall be provided in writing at least one (1) full billing period in advance of the desired termination date. Termination will take effect at the end of the billing period in which the notice period is satisfied following ASC’s actual receipt of Client’s cancellation. Cancellation does not relieve client of existing obligations under these Terms and Conditions, including but not limited to unpaid charges, fees, or damages for breach.

Billing Practices

Services are billed in advance, while any usage is billed in arrears. Your first invoice may include a prorated charge if you signed up in the middle of a billing period. Initial charges represent ASC’s best estimate based on our discussion with you; actual charges are based on ASC system records. Usage is billed from cradle to grave; from the inception of a call in our systems through its completion and any post-call related work, and is calculated in whole minutes with any partial minute rounded up to the next whole minute. Prices may be increased upon thirty (30) days’ notice. There are no refunds for prepaid fees or unused subscription fees, and you will promptly pay all unpaid fees due through the end of your term.

Annual Maintenance

The annual maintenance fee supports the maintenance, safeguarding, and storage of client messages, contact lists, company-specific information, telephony infrastructure, and related system maintenance. The annual maintenance fee is billed in advance for the upcoming year, is not prorated, is not eligible for a refund, and applies to all active accounts.

Payments

All payments should be made payable to Answering Service Care, LLC (ASC).

Autopay

Each Client is required to maintain ACH or credit card autopay after service goes live. Clients who decline autopay will be charged a fee equal to one (1) month of service. Failure to pay that fee will be treated as nonpayment and may result in termination.

Nonpayment Policy

All invoices not paid by the next invoice will accrue interest at 1.5% per month, not to exceed the maximum rate allowable by law. Service may be interrupted or terminated without notice for nonpayment. Such interruption or termination does not relieve the Client of the responsibility for all accrued charges. In addition to the outstanding bill, the Client shall also be liable for all late charges, interest, collection fees, attorney’s fees, reconnection fees, and other costs incurred in the collection of monies due.

Disputing an Invoice

Unless you notify ASC in writing within fifteen (15) days of the invoice date stated on the front of an ASC invoice, you unconditionally accept the amounts and charges stated on the front of this invoice.

Returned Check or ACH

In the event Client pays by check or ACH and such payment is dishonored or returned for any reason, Client shall pay all bank charges incurred as a result of the dishonored or returned payment. Any such returned payment will also result in a $35 returned payment fee. The nonpayment policy above will also apply.

Outbound Services

If you utilize Answering Service Care’s Outbound Services, you must comply with and are responsible for adhering to all applicable federal, state, and international laws, rules, and regulations, including, but not limited to, the Telephone Consumer Protection Act (47 U.S.C. § 227), the Telemarketing Sales Rule (16 C.F.R. 310 et seq.), and all other marketing, telemarketing, and telecommunication rules issued by the Federal Communications Commission (FCC) and/or the Federal Trade Commission (FTC). Outbound services shall not be used for spam, fraud, or unauthorized third-party sales. Client must promptly notify ASC of any known violation of these rules via email at [email protected]. ASC shall not be responsible for the content of any outbound call, SMS, email, or other communication, and Client agrees to indemnify, defend, and hold harmless ASC against any third-party claims, demands, lawsuits, regulatory actions, or other liabilities brought against ASC arising from or related to the Client’s outbound activities. ASC reserves the right to block, restrict, or terminate services at any time, with or without notice, for non-compliance or suspected misuse.

Prior Express Written Consent (PWRC): Client must obtain PWRC from customers before sending any automated outbound texts, calls, emails, or other communication for sales or marketing purposes, clearly establishing that the customer agrees to receive such messages.

Contact Hour Restrictions: Client must adhere to all federal, state, and international laws governing permissible contact hours for outbound communications, including compliance with the recipient’s time zone.

Evidence of Consent and Privacy Policy: Client must maintain evidence of customer consent and a clear Privacy Policy on its website outlining how customer data, including consent for automated communications, is collected, stored, and used.

AI-Assisted Services

ASC may utilize first- or third-party artificial intelligence, machine learning, automated transcription, translation, routing, summarization, analytics, and similar technology-assisted tools (“AI Tools”) in providing the Services. Client authorizes ASC to use such AI Tools in connection with the receipt, processing, routing, transmission, storage, administration, and support of communications. Client acknowledges that AI-generated or AI-assisted output may be inaccurate, incomplete, delayed, unavailable, misdirected, or erroneous, and is solely responsible for reviewing, verifying, and determining the appropriateness of any such output before relying upon it. Client shall not rely upon AI-generated or AI-assisted output as the sole basis for emergency, medical, legal, financial, regulatory, employment, hiring, disciplinary, compensation, personnel, life-safety, or other critical decisions. ASC does not provide legal, medical, financial, employment practices, or other professional advice through any AI Tool. AI Tools and their outputs are provided on an “AS IS” and “AS AVAILABLE” basis, with no representation or warranty regarding accuracy, completeness, reliability, availability, fitness, or suitability. Client remains solely responsible for compliance with all applicable laws, regulations, consent requirements, privacy requirements, and business procedures relating to its use of the Services. Any claim, liability, or damages arising from AI Tools or their output shall be subject to all limitations of liability, disclaimers, releases, and indemnification provisions contained in these Terms.

Hold Music

By default, ASC uses royalty-free hold music. If Client elects to supply any other hold music, Client does so at its sole risk and expense and represents and warrants that it owns or has obtained all rights necessary for telephone/on-hold use in all applicable territories and terms, and Client shall defend, indemnify, and hold harmless ASC and its affiliates from any and all claims, damages, liabilities, costs, and attorneys’ fees arising from or related to such Client-provided audio, notwithstanding any limitation of liability or damages cap elsewhere in these Terms and Conditions. ASC may suspend or replace any Client-provided track upon notice of actual or alleged infringement or non-compliance.

Privacy Policy

You may review our Privacy Policy on our website: https://answeringservicecare.com/privacy-policy/.

You acknowledge that you have read, understand and accept our Privacy Policy.

Force Majeure

ASC shall not be liable for any delay, interruption, degradation, suspension, or failure of Services caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, utility outages, internet or carrier failures, cyberattacks, governmental actions, labor disputes, pandemics, or failures of third-party vendors or technology providers. Any such event shall not constitute a breach of these Terms, and ASC’s obligations shall be suspended for the duration of the event.

Limitation of Liability

It is the policy of ASC to provide services on a Best Efforts basis. ASC will endeavor to manage its service in such a way that the Client receives prompt, accurate, and courteous service. However, ASC’s liability to the Client for any negligent or non-negligent act or omission of any nature (including any failure to receive or deliver messages or any interruption of service, or any AI-generated or AI-assisted output) by ASC or its employees or agents shall in no event exceed an amount equal to the charges payable by the Client for services for the days on which such act or omission occurred. The client releases the company from all other liability, including but not limited to consequential, incidental, indirect, special, exemplary, and punitive, damages. ASC is not liable for acts or omissions of carriers, utilities, internet providers, cloud providers, AI vendors, software providers, or third-party platforms. Use of AI Tools does not alter ASC’s Best Efforts standard; AI-generated output remains “AS IS” and “AS AVAILABLE.”

Termination for Convenience

ASC reserves the right to terminate services for convenience upon seven (7) days written notice. Upon Notice of Termination for Convenience, ASC shall be paid for any and all services performed through the termination date.

Dispute Resolution. PLEASE READ THE FOLLOWING SECTION CAREFULLY. 

You agree that any dispute, disagreement or claim between you and ASC arising out of or relating to: these Terms, their interpretation, or the breach thereof; our provision of the Services; your access to or use of the Services; or any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, disagreement or claim, a “Dispute”) will be governed by the arbitration procedure outlined below.

Informal Dispute Resolution

 We want to address your concerns without the necessity of a formal legal case. Before filing a claim against ASC, you agree to try to resolve the Dispute informally by contacting [email protected]. ASC will contact you as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within thirty (30) days after submission, you or ASC may bring a formal dispute proceeding.

Arbitration Agreement

You and ASC each agree to exclusively resolve any Dispute through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Broward County, Florida, or any other location we agree to. Arbitration fees will be governed by the AAA. Notwithstanding the foregoing, either you or ASC may assert claims, if they qualify, in small claims court in Broward County, Florida or any United States county where you live or work. Neither party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of our Services or infringement of intellectual property rights without first engaging in arbitration or the informal dispute resolution process described above.

Class Action Waiver 

You may only resolve Disputes with ASC on an individual basis. Class actions and consolidation with other arbitrations are not allowed under these Terms.

Governing Law

Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of laws principles. Foreign or International laws do not apply. These Terms and Conditions shall be interpreted without the aid of any canon, custom, or rule of law requiring construction against the drafter. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida to enforce these Terms or adjudicate any other Dispute, and you and ASC each agree to waive the right to a jury trial. Except as otherwise required by applicable law, if the agreement to arbitrate is found not to apply to you or your claim, you and ASC agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts in Broward County, Florida.

Limitation on Claims

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. Any invalidity in one jurisdiction does not affect enforceability elsewhere.

Acceptance of Terms and Conditions

By signing up for and/or using Answering Service Care (ASC) services, you agree to be unconditionally bound by our Terms and Conditions.