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This AGREEMENT is between Prompt Anserfone.
hereinafter called "PTAS" and all telecommunication service clients,
hereinafter called "Subscriber".
Terms: PTAS will provide telephone answering and other telecommunication services 24 hours a day, 365 days per year. It is agreed that service provided herein will be for an uninterrupted period from the first of one 4-week billing cycle until the first of the next, that the service shall be automatically provided for like periods unless cancelled by subscriber in writing.
Payment: Subscriber agrees that all charges are DUE AND PAYABLE ON RECEIPT and late one month after the bill was generated. Subscriber will be charged a late fee of $5.00 or 2% of total balance (whichever is greater) for any payment not received within that 30 day period. Subscriber shall pay a $35.00 fee each time a check is dishonored. PTAS may suspend service with or without notice to any Subscriber who is in arrears in the payment of his/her bill.
Compliance: PTAS does not assume any of the risks associated with the subscriber’s business, and the compensation paid to PTAS does not contemplate any such assumption of risk. Subscriber agrees that any additional risk exposure to the Subscriber, resulting from the use of the service in its business activities, has been considered by the Subscriber; and the Subscriber hereby releases and discharges and agrees to indemnify, defend and save harmless PTAS and its employees and principals from and against all liability, cost and expense arising out of or in connection with the work or business performed by Subscriber, regardless of any negligence or alleged negligence on the part of PTAS. PTAS endeavors to provide efficient and reliable service; however. Subscriber expressly agrees that the nature of telephone equipment and oral communications is such that neither PTAS nor any of its employees shall be liable in any way to either the Subscriber or its callers for any errors of omission or commission, regardless of cause. Also that PTAS is not responsible for any interruption of service caused by defects or deficiencies in the telephone answering equipment or system including interruption of the electrical utility service or telephone lines or service or interruption for equipment maintenance or repair or by war, riot or acts of nature. It is expressly agreed that the liability for any damages arising out of the provision of the service under this agreement to the Subscriber, whether caused by negligence of PTAS employees or otherwise, is limited to actual damages; but shall in no event exceed $50.00 or one month’s basic charge excluding over-minutes or extra fees, whichever is greater. The parties hereto agree that the damages will be difficult to ascertain and agree that this provision liquidates the damages and is not a penalty.
Employee Solicitation: It is expressly agreed that all employees of PTAS are to be held safe from any and all solicitation, including harassment, donations and recruitment. There will be a penalty of at least, but not limited to, $1,000 for recruiting PTAS employees for employment elsewhere.
Provisions: Subscriber shall review their account information and advise PTAS within ten (10) business days of problems, or the information shall be deemed correct. No collection calls shall be accepted on Subscriber owned lines unless specifically requested in writing by Subscriber. IF SERVICE IS PROVIDED BY USE OF PTAS OWNED LINE(S), SUBSCRIBER AGREES THAT NO CHARGES OF ANY KIND WILL BE BILLED TO SAID LINE(S). HOWEVER, IF SUCH CHARGES ARE MADE, SUBSCRIBER EXPRESSLY GUARANTEES PAYMENT OF ALL SUCH CHARGES. Service shall not be used for any illegal or illegitimate purpose. PTAS shall treat all messages and information as confidential with the exception that PTAS shall cooperate with all law enforcement agencies in disclosing whatever information they may require in the performance of their legal duties.
Assignment: This agreement may not be assigned without the express prior written consent of PTAS. This writing constitutes the entire agreement of the parties relating to the subject matter hereof. No representations are made or relied upon by either party, other than those that are expressly herein set forth.
Amendments: No employee, agent or other representative of either party is empowered to alter any of the terms hereof, unless done in writing and signed by an authorized representative of the respective parties.
Authorization: Subscriber authorizes PTAS to order from or other carriers any services or connections which may be necessary for the purpose of providing the above services to the extent that the subscriber requests this service from PTAS.
Termination: Subscriber may terminate service at any time by notifying PTAS in writing. Regardless of termination, Subscriber shall remain libel for payment for services rendered hereunder until PTAS shall actually receive notice of such termination in writing.
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