Please review Advantage TeleMessaging, Inc.'s Terms outlined below.
DISCLAIMER OF LIABILITY
ADVANTAGE TELEMESSAGING, INC. CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES, CONSEQUENTIAL OR OTHERWISE, RESULTING FROM ANY FAILURE TO RECEIVE OR DELIVER MESSAGES, INCLUDING WITHOUT LIMITATION A FAILURE TO RESPOND PROPERLY TO AN ALARM COMMUNICATION, EVEN WHERE SUCH FAILURE IS A RESULT OF ADVANTAGE TELEMESSAGING, INC.’S NEGLIGENCE, MISCONDUCT, ERROR OR OMISSION. ADVANTAGE TELEMESSAGING, INC.’S LIABILITY SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE CHARGES PAYABLE BY THE CLIENT FOR THE DAYS ON WHICH SUCH AN ACT OR OMISSION OCCURRED. ACCORDINGLY, YOU AND YOUR INSURER SHOULD BE AWARE THAT THIS EXPRESS DISCLAIMER OR YOUR LIABILITY IS AN INTEGRAL PART OF YOUR CONTRACTUAL RELATIONSHIP WITH ADVANTAGE TELEMESSAGING, INC.
The Client will protect, indemnify, and hold Advantage TeleMessaging, Inc. harmless from any claim or liability that may be asserted by anyone else, including your insurer, arising out of this Service Agreement or the services rendered hereunder, in the event of loss, injury, or damage to property or persons sought to be protected by this service or an alarm system connected therewith, even if such loss, injury or damage results or is claimed to have resulted from Advantage TeleMessaging, Inc.’s negligence, misconduct, error or omission.
BILLING
Invoices are generated on the first day of each month. Payment is due on receipt. 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-in-full is received. Should this occur more than once, a deposit equal to two months charges will be required in addition to regular billing.
ACCOUNT / ON CALL CHANGES
It is the Client’s responsibility to provide Advantage TeleMessaging, Inc. with accurate, up-to-date information in writing. Account changes that require system programming (such as changing phone numbers or adding/deleting personnel) should to be emailed to manager@advantagetelemessaging.com or faxed to our office no later than 12:00pm EST in order to go into affect the same business day. Client understands that changes transmitted to our office after 12:00pm EST may not take affect until the next business day.
Changes in a Client’s on call schedule should to be transmitted to our office no later than 12:00pm EST in order to go into affect the same business day. Client understands that on call changes faxed to our office after 12:00pm EST may not take affect until the next business day.
CALL FORWARDING
Aspects of answering service are dependent on Call Forwarding, a feature usually provided by your telephone service provider or you telephone equipment vendor. Advantage TeleMessaging, Inc. shall in no way be held accountable for failure of any aspect of client’s Call Forwarding, connection hardware, or related systems used to support Call Forwarding. It is the client’s responsibility to maintain Call Forwarding on their account as needed.
MESSAGE ARCHIVING/RETRIEVAL
Advantage TeleMessaging, Inc. will attempt to archive all messages indefinitely. Advantage TeleMessaging, Inc. DOES NOT, however, guarantee or warrant in any way that a message can be retrieved.
Any request for retrieval of message should be directed to senior management at Advantage TeleMessaging, Inc. A fee of $5.00 per page will apply for each page successfully retrieved. Turnaround time can be up to three (3) business days following the date a request is received by Advantage TeleMessaging, Inc. (possibly longer in some cases depending on how far back in time we need to look for you message(s)).
NON-PAYMENT POLICY
Charges are due and payable at Advantage TeleMessaging, Inc. offices upon receipt. After the date indicated on the front of client’s invoice, Advantage TeleMessaging, Inc. will levy a late charge of either 2% or $20.00, whichever is greater, which reflects the extra expense involved in collecting the charges due. In the event of non-payment, Advantage TeleMessaging, Inc. may, without limiting its other rights, withhold messages, interrupt or terminate service without notice. Such interruption of service does not relieve the Client of responsibility for all accrued charges. The Client shall be liable for all collection fees, including, without limitation, interest on all unpaid amounts at the lesser of eighteen percent (18%) or the highest rate permitted by law, reasonable attorney’s fees and other costs incurred in the collection of monies due to Advantage TeleMessaging, Inc.
RETURNED CHECKS
A fee of $50.00 will apply for all returned checks.
PRIVACY / HIPAA POLICY
It is the standard operating procedure of Advantage TeleMessaging, Inc. to protect the privacy of all our clients. Except for purposes of performing obligations under this contract, or in any manner that would constitute a violation of he Privacy rule, we will not use or disclose Protected Health Information (PHI), all in accordance with the Security and Privacy Provisions of the Health Insurance Portability and Accountability Act.
We will use appropriate safeguards, including use of our Secrecy of Communications Notice, to prevent improper use or disclosure of PHI by any employee or agent. A copy of such Notice is available upon request. Advantage TeleMessaging, Inc. will promptly report any use or disclosure of PHI of which it becomes aware that is not permitted by this contract.
CALL RECORDING
Advantage TeleMessaging, Inc. records all agent conversations for training and quality assurance. The recording is between the caller and the agent. Once the call has is connected to a party outside of Advantage TeleMessaging, Inc.’s office or systems the recording stops. By entering into this service agreement with Advantage TeleMessaging, Inc. Client grants permission to Advantage TeleMessaging, Inc. to record all conversations with client’s employees and their callers for training and quality assurance.