This AGREEMENT is between Total Recall Message
hereinafter called "TRMC" and all telecommunication
service clients, hereinafter called "Subscriber".
Terms: TRMC 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 1.75% 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.
TRMC may suspend service with or without notice to any Subscriber who is
in arrears in the payment of his/her bill.
Compliance: TRMC may cancel service without
notice for reasons of non-payment, misuse of the line, abuse of the service
or if Subscriber is otherwise in violation of terms of this agreement.
Subscriber shall bear any and all costs of collection; such costs to include,
but not limited to legal fees and costs as well as use of any collection
Indemnification: TRMC does not assume any
of the risks associated with the subscribers business, and the compensation
paid to TRMC 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 TRMC 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 TRMC.
TRMC endeavors to provide efficient and reliable service; however. Subscriber
expressly agrees that the nature of telephone equipment and oral communications
is such that neither TRMC 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 TRMC 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 TRMC employees or otherwise, is limited to actual damages;
but shall in no event exceed $50.00 or one months 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 TRMC 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 TRMC employees for
Provisions: Subscriber shall review their
account information and advise TRMC 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 TRMC 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. TRMC shall treat all messages and information as confidential
with the exception that TRMC 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 TRMC. 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
Authorization: Subscriber authorizes TRMC
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 TRMC.
Termination: Subscriber may terminate service
at any time by notifying TRMC in writing. Regardless of termination, Subscriber
shall remain libel for payment for services rendered hereunder until TRMC
shall actually receive notice of such termination in writing.