TELEPHONE NUMBER ASSIGNMENTS

The subscriber has no proprietary rights to an assigned telephone number. The subscriber acknowledges that all telephone numbers are assigned on a rental basis only and remain under the control of the servicing agency, unless otherwise agreed upon. All numbers are subject to change by the serving agency, therefore, the subscriber acknowledges (and accepts the possible results of) the risk involved in publishing and./or distributing the number.

BILLING

Payment for the first month of service is due when the service commences. All base rates are billed in advance on month-to-month basis. Other charges are billed monthly as incurred. Accounts are considered delinquent when not paid by the due dates specified on your invoice and will be subject to a $15.00 late fee; this fee will be charged every month until the account is current. Fees not paid by three days after invoices are due may result in termination and/or interruption of service without notice. Accounts that are more than seven days past due will have their messages held until payment is secured. Accounts that exceed their prepaid package of calls i.e. 50 call package or 100 call package – by mid cycle of monthly billing period, may have payment processed bimonthly, for calls received.

MONTHLY CALL ALLOWANCE

The monthly base rate call allowance includes all answered calls, including messages, non-messages, callers asking for office hours, hang ups, etc.

CONFIDENTIALITY

The service agency will treat all messages as confidential with the exception that it will cooperate with all law enforcement agencies, in disclosing whatever information they require about the subscriber, in performance of their legal duties.

PERMANENT ACCOUNT CHANGES

The subscriber agrees that all permanent changes of instructions regarding the handling of the account shall be delivered only to a member of the servicing agency’s management. These changes may be giving verbally or in writing (by mail, e-mail or FAX). The subscriber further acknowledges that although a telephone operator may accept a temporary information change as a courtesy, they do not possess the responsibility nor the authority to implement the change permanently.

ERRORS AND OMISSIONS

In view of difficulties that may arise in the transmissions of oral messages by telephone, the servicing agency shall in no way be liable to the subscriber or its callers for any errors or omission in the transmission of calls.

MINIMUM CONTRACT PERIOD

The subscriber agrees to use the service for an uninterrupted period of one month and agrees that service shall automatically renew on a month-to-month basis unless canceled in writing by the subscriber with 30-day notice. Effective Date: This agreement will take effect on the date that the subscriber first receives services provided by the servicing agency.

BILLING DISCREPANCIES

In the event of billing discrepancies, it is necessary to notify the servicing agency’s billing department within 30 days of the invoice date; no adjustment will be considered after the 30-day period.

CANCELLATION

Written request of cancellation from the subscriber is required with 30-day’s notices. The subscriber shall not be entitled to a number referral upon termination of service. The subscriber shall not transfer or assign this agreement without the prior written consent of the servicing agency. The servicing agency reserves the right to cancel the service at any time for any violation of this agreement.

RETENTION OF MESSAGES

Every effort is made by the servicing agency to archive messages for a minimum of 90 days from the date of origination; however, they do not guarantee that any message will be preserved beyond the original date of delivery to the customer. The telephone operators have access to the most current 5 days’ message; any requests for message older than 5 days must be directed to a supervisor.

INTERRUPTION OF SERVICE

The servicing agency shall take all precautions to provide continuous, 24-hour service, however the subscriber acknowledges that the agency does not guarantee uninterrupted service. Service is subject to interruption without notice as a result of a) loss of electrical power to the facility, b) failure of telephone utility service, c) natural disaster, such as, flood, fire, or earthquake, d) order by any law enforcement or public agency to evacuate the premises, or e) equipment malfunctions. The sole liability of the servicing agency to the subscriber for such an interruption is to provide a pro-rate credit based upon the monthly service rate in effect, for each 24-hour period of time that service was interrupted.

LIMITATIONS OF LIABILITY

It is agreed that the fees paid to the servicing agency are based solely upon the value of services and the scope of liability as herein set forth is unrelated to the value of the messages being handled. The subscriber agrees that the maximum financial liability of the servicing agency of ran loss or claim by subscriber shall be strictly limited to the charges billed for providing services during the monthly service period in which the claim arises. In no event shall the servicing agency be liable for special or consequential damages but not limited to loss of a prospective sale, loss of profits, or third party claims against a subscriber.