Terms and Conditions of Cyber Receptionists L.L.C.
These terms of service (which we’ll refer to below as the “Agreement”) are a contract between you and Cyber Receptionists L.L.C. (which we’ll refer to below as just “CYBER”). This Agreement will govern your use of CYBER’s phone answering services and all other aspects of your commercial relationship with CYBER. By using or continuing to use CYBER’s services, you agree to each of the terms and conditions below.
In exchange for the payments associated with the plan you’ve selected, CYBER will make its phone answering services (the “Services”) available to you in accordance with this Agreement. You agree to access and use the Services solely for lawful business or professional purposes, and to abide by CYBER’s policies regarding the use of the Services, as those policies may change from time to time.
In order to deliver the Services, CYBER needs your permission to perform various tasks with the calls and messages that it handles on your behalf. You agree to inform CYBER immediately and in writing if any of your email address(es) or telephone number(s) should no longer receive patched calls or electronic message notifications; you acknowledge that, unless and until you do so, CYBER will continue to patch calls and/or send such notifications to the email address(es) and/or telephone number(s) that you previously provided for those purposes. You further agree to obtain, and acknowledge that you are solely responsible for obtaining, each of the permissions described above from third parties who use or may use the Services to communicate with you.
This Agreement will commence on the Date of sign up and continue for one (1) month. Upon the expiration of the term, this Agreement shall automatically be renewed for an unlimited number of additional consecutive terms, of one (1) month each, unless this Agreement is terminated pursuant to the provisions thereof.
Either Party may terminate this Agreement on fourteen (14) day’s written notice. During the first fourteen (14) days of service, services are cancelable by either party at any time.
You will indemnify and hold CYBER and our respective affiliates and each of their respective shareholders, directors, officers and employees (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, costs, damages, suits, or proceedings, including claims for personal injury, death, property damage, consequential, indirect, and special loss or damage whatsoever or any other expenses which the Indemnified Parties may incur or suffer as a result of or arising out of acts of omissions or breach by you of any of the terms and conditions of this Agreement.
Your obligations and CYBER’s rights pursuant to or arising from the provisions of this Agreement shall survive any termination, expiration, variation, modification, or alteration of this Agreement.
CYBER makes no representations or warranties, express or implied, of any kind to you or a third party regarding CYBER’s services. CYBER shall use reasonable efforts to provide the agreed upon services; however, in no event, shall CYBER be liable to you, or any third party, for any claims for loss or damages as a result of any action or inaction by CYBER.
The laws and jurisdiction of the state of Florida shall govern any and all matters of dispute between CYBER and you.
Billing and Payment
You will incur the monthly charge(s) associated with the plan you’ve selected for each whole or partial month during which this Agreement remains in effect, plus any applicable taxes, duties, or other additional payments required by law, which you authorize CYBER to collect from you. If you exceed your allotted minutes used during that month, you will be charged for all additional minutes used during the month at the overage rate associated with the plan you’ve selected. You acknowledge that payable call time includes all time spent by CYBER’s agents answering calls or performing other work on your behalf, including, for example, hold time, calendar scheduling and time spent connecting a customer call forward.
You agree to pay CYBER the full amount of each monthly invoice you receive by the due date listed on the invoice. You authorize CYBER to send your invoices to primary email address you provided during sign-up, and to inform CYBER immediately and in writing of any change to that email address or your other billing information. You further authorize CYBER to charge your credit card immediately in the event that you accrue any overage charges. You agree to inform CYBER immediately of any change in your credit card or other payment information, which shall be in writing. You guarantee and warrant that you are the legal owner of such credit card, and that you are legally authorized to accept charges from CYBER.
Any telephone number assigned to you by CYBER shall remain the property of CYBER.
These Terms and Conditions set forth the entire Agreement between you and CYBER.
This Agreement shall be binding up on all successors and assigns of the parties hereto.
Any dispute arising out of or related in any way to this Agreement, an alleged breach thereof, or any other aspect of your commercial relationship with CYBER shall be settled exclusively by binding arbitration to take place in Broward County, Florida under the Commercial Arbitration Rules of the American Arbitration Association. You agree that the arbitrator(s) in any such arbitration shall have full authority to decide and rule on all aspects of the dispute, including, but not limited to, the issue of the dispute’s arbitrability. You further agree (i) that you will not assert any class, collective, or representative action claims against CYBER, whether in arbitration or otherwise, which actions are hereby waived, and (ii) that, in the event of a dispute, you shall submit only your own, individual claim(s) in arbitration and will not seek to represent the interests of any other person or entity.
A failure or delay by either party to enforce any term of this Agreement shall not constitute a waiver of that party’s right to enforce that term or any other term of this Agreement. The provisions of this Agreement may be amended or waived only in a writing of signed or otherwise approved by CYBER. The provisions of this Agreement are severable, and if any provision hereof is held to be invalid, illegal, or unenforceable in any respect, it shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall not be affected thereby and shall remain in full force and effect. CYBER may assign this Agreement without prior notice.