HELLO PHOENIX TERMS OF SERVICE
1. PERIOD OF AGREEMENT - This Agreement between the "Subscriber" and “Hello Phoenix” commences upon execution of this Agreement and continues on a month-to-month basis. Subscriber agrees to provide Hello Phoenix with a 30 day written notice of cancellation to end this contract. To insure the security of your account, no verbal cancellations will be accepted. Hello Phoenix reserves the right to cancel this contract at any time.
2. TERMS OF PAYMENT - Basic Monthly Service charges are billed and payable in advance. Over-Minutes, Call-Outs, Pages, Cross-Connects and other charges are billed in arrears. Statements are prepared and mailed on or about the 16th of each month and are due and payable upon receipt. Accounts become delinquent the 15th of the following month if payment is not received in full. We reserve the right to withhold services and messages on delinquent accounts. Additionally, delinquent accounts will be charged a $15 late fee each month the bill, or any part of the bill, remains delinquent. Service beginning any time prior to the 15th of the month will be pro-rated. All prices are subject to change without notice.
3. NON-PAYMENT POLICY - Hello Phoenix may interrupt or terminate service without notice for nonpayment of charges due. Such interruption or termination does not relieve the client of the responsibility for all accrued charges, including a reconnection fee of $50.00. The client shall be liable for all collection fees, attorney’s fees and other costs incurred in the collection of monies due the answering service.
4. LIABILITY - Hello Phoenix shall not be liable or held responsible for any damages arising out of the Subscribers use, misuse, inability to use the service, negligent or non-negligent act of omission or any nature (including the failure to receive or deliver messages or any interruption of service) by the answering service or its employees or agents. Subscriber agrees to indemnify Hello Phoenix against any claims brought by others as a result of the client’s use of service under this Agreement.
5. SERVICE INTERRUPTION - Hello Phoenix shall make every effort to keep its answering service and voice mail service operational. However, from time to time certain difficulties that may/may not be within our control (i.e., telephone line outage) may result in a temporary service interruption. Subscriber agrees Hello Phoenix will not be held liable for any consequences of any such interruptions. Subscriber further acknowledges such interruptions will not be considered a breach of this Agreement.
6. CONFLICT OF LAWS - This Agreement will be construed according to the laws of the State of Arizona.
7. ENTIRE AGREEMENT - This Agreement constitutes the entire agreement between the parties and no prior or contemporaneous oral or written statement will be a part hereof. Use of our services constitutes acceptance of this Agreement. The Terms of Service may be amended only in writing signed by the parties to be bound.
8. DEFAULT - It will be considered a default under this Agreement if the Subscriber fails to pay any amount due by the required due date or fails to comply with any other terms or conditions under this Agreement.
9. REMEDIES - In the event of default, Hello Phoenix, at it’s option, may terminate service and declare all charges immediately due and payable; charge a reconnection fee if Subscriber’s service is interrupted due to non-payment; charge Subscriber a collection fee of up to $250.00 and/or the cost of any action instituted and/or the cost of any attorney's fees made necessary in the collection of any amount due for services rendered under this Agreement.
10. DISCLOSURE - The service will not be used for any illegal or illegitimate purposes. All messages will be treated as confidential, except that cooperation will be granted to law enforcement agencies in disclosing whatever information they may require in the performance of their legal duties.