Service Agreement

These Service Agreement terms govern answering service and call center services provided by The Message Center, Inc. (“The Message Center”). By using the service or signing the applicable work order, the client agrees to the terms below.

1. Terms

This agreement shall be on a month-to-month basis (one (1) month minimum) unless the service order describes a longer term. Thirty (30) day minimum contract period for current or recurring clients and shall continue unless cancelled by either party upon thirty (30) days written notice.

The Message Center agrees to provide telephone answering services and call center services up to 24 hours per day.

I shall not use The Message Center’s service for any illegal, illegitimate, or fraudulent purpose and agree to adhere to the terms and conditions of this agreement.

If The Message Center believes I am using their service for such a purpose, The Message Center has the right to terminate, suspend, or restrict my service immediately without prior notice for any violation of these terms or any activities which The Message Center deems fraudulent or illegitimate.

2. Errors

I agree that, due to the nature of oral communications, The Message Center shall not be held responsible in any manner for accuracy in receiving and transmitting communications under this agreement.

The Message Center makes no guarantee that it will be equipped to handle unexpected increases in call volume. The Message Center does not guarantee that its service is error free, information will be transmitted without delays, the security of information carried over any telecommunication medium, or that data will remain uncorrupted and otherwise intact.

The Message Center will engage in all reasonable efforts to provide service to its customers.

If any error occurs where I feel The Message Center was not providing appropriate services which resulted in error in message reception or transmission, it is my responsibility to inform The Message Center within thirty (30) days following such reception or transmission.

Any credit for such errors in transmission or reception shall be at the discretion of The Message Center and any credit offered on my account will be applied to my account and any forthcoming invoices. Credit for The Message Center’s actual charges shall be my sole remedy.

3. Billing

Payment by credit card or check is required and a credit authorization limit is to be established. Pursuant to the service order, a non-refundable activation charge may be applied.

The base rate described on the service order is due in advance and overage minutes are billed the following month. If the use of services depletes the base rate, The Message Center reserves the right to require that the base rate be restored.

Calls are measured in the unit of increments described in the service order. Agent and administrative work time is measured through software which tracks when an agent or administrator is performing work on an account. The usage for this work time will be invoiced in accordance with the service order.

Invoice terms are fifteen (15) days from date of invoice. Payments must be in possession of The Message Center on or before their due date. The Message Center reserves the right to require payment outside of a regular billing cycle.

If bill is not paid within fifteen (15) days of the due date, a $35.00 late fee is applied to the balance. A $25.00 fee for each returned check will be charged to cover bank fees. Accounts thirty (30) days past due will be shut off for non-payment. Accounts that are shut off for non-payment are sent to a collection agency and a 25% charge is added to the total due for their fees.

To dispute any charges on my bill, I agree to send The Message Center written notice of the dispute within thirty (30) days of my statement date, or the statement and the charges on the invoice will be deemed payable in full.

I will provide detailed information of the dispute to the best of my abilities including all applicable bank and credit card transactions, and I agree to cooperate with The Message Center during their investigation of the dispute.

If The Message Center initiates legal proceedings to collect any amount owed to The Message Center and the courts or verdict rules in favor of The Message Center, I agree to pay a reasonable amount of The Message Center’s attorney fees and subsequent court costs associated with any judicial proceedings or appeals. In accordance with this agreement, I waive all rights to a jury trial.

4. Services

The Message Center, Inc. is to provide inbound or outbound telephone answering services or call center services pursuant to my choices when my account was first set up and I agree to those services in accordance with the terms and conditions of this agreement.

The Message Center agents will capture information and data as required in my script or protocol utilizing e-mail, fax, online entry, or other means of electronic transmission within the capabilities of The Message Center.

I understand that I must provide any telecommunications equipment or services used to deliver my messages including e-mail, pager, fax services, call forwarding services, cell phones, and telecommunications devices or services outside those provided by The Message Center.

The Message Center agrees to make reasonable efforts to perform all requested services upon acceptance and approval of my account.

The Message Center cannot control failures in telephone, electric service, or other matters beyond its control and shall not be responsible for interruptions caused by matters beyond The Message Center’s control.

5. Improper Use of Service

I will not use The Message Center’s service for any illegal, illegitimate, or fraudulent purpose.

I will not sell their service or make it available to any parties without written approval from The Message Center.

The service will only be used by me or my authorized agents. The service is owned by The Message Center including all copyrights and trademarks.

6. Confidentiality

Each party agrees that it will not permit the duplication, use, or disclosure of any confidential information including reports and summaries of activities of the parties, person or entity unless written consent has been obtained from the other party.

Confidential information shall not include information that is generally known by the public and any competitors of either party or is required to be publicly disclosed by law, regulation, or other acts of governmental authority.

7. Authorization

All services The Message Center provides to me are subject to the approval of The Message Center.

I hereby authorize The Message Center to investigate my credit if they deem it applicable to the nature of my account.

The Message Center reserves the right to request a letter of credit from my bank or financial institution and/or security deposits to ensure my account remains in good standing.

I understand that my responsibility for payment to The Message Center for all charges and services rendered shall survive any termination of this agreement for whatever reason.

8. Other

This agreement shall be governed by and interpreted in accordance with the laws of the jurisdiction of the State of North Carolina, without regard to the principles of conflict of laws thereunder.

In the event of legal action, I agree the location of the venue will be in any state or federal court which has jurisdiction over business dealings and actions performed in Wake County, North Carolina.

The terms and conditions of this agreement may be amended or waived provided written notice is sent to the customer utilizing the last-known email address on file for the client. Continued use of the service after the notice constitutes an agreement to the new terms.