Answer-All Terms and Conditions

ANSWER-ALL SECRETARIAL SERVICE, INC.

Set up Fee Begins at $50.00 is adjusted according to the complexity of the service you require. This fee includes programming time to establish your answering procedures and requirements in our computer system. Our customer service team will work with you to determine the best service fit that will meet your needs at the most cost effective rate plan.

Answer All Secretarial Service, Inc. shall treat all medical messages as confidential and in compliance with all laws including (HIPAA) the “Health Insurance Portability and Accountability Act.” We will co-operate with all enforcement agencies, in disclosing whatever information they shall require about the Subscriber in performance of their legal duties but also in compliance with HIPAA. In view of difficulties that may arise in transmission of oral messages by telephone, no liability shall in any case attach to Answer-All should any service failure occur. The subscriber assumes all such risks.

All accounts are billed on a 28 day (4 week) billing cycle and are due within 14 days of the billing date. A late charge computed at the annual percentage rate of 18% with a minimum charge of $10 (whichever is greater) may be assessed after the 28th day, and service is subject to termination any time thereafter at the discretion of Answer All Secretarial Service, Inc. You will be responsible for all costs of collection of any amounts due, including reasonable attorneys’ fees. Returned Check Fee: $30.00.

LIMITATION OF LIABILITY

Should service be disrupted by natural phenomenon, system downtime, or other causes beyond our control, liability is limited to the percentage of charges commensurate with the time service was not available. All requests for credit must be received in writing within 28 days of an outage.

The company cannot and does not assume any responsibility, beyond the return of one month’s basic service charge, for any damages, consequential or otherwise, resulting from a failure by the company to perform any and all services under this agreement, including but not limited to a failure to take a message, process a call, even where such failure is a result of the company’s negligence, misconduct, error or omission. Accordingly you or your insurer should be aware that this express disclaimer of liability is an integral part of the contractual relationship between you and the company. It must be understood and agreed that you will protect, defend, indemnify, and hold the company harmless from any claim or liability that may be asserted by anyone else, including you and your insurer, in the event of loss, injury or damage to property or persons including third parties or entities, and persons sought to be protected by this service, even if such loss, injury or damage results or is claimed to have resulted from the company’s negligence, misconduct or omission.


SUPPLEMENTAL TERMS AND CONIDITION OF SERVICE

The following information supplements your Service Agreement with Answer-All Secretarial Service, Inc. (the “Company”) and is provided so that you can better understand the terms and conditions of our service. To the extent that the Terms and Conditions of the Service Agreement differ from those contained below, the Terms and Conditions of the Service Agreement shall prevail.

Retention of Messages

Messages taken on the Subscriber’s behalf are retained for a period of eighty (80) days past the invoice date after which they may not be available.

Audio Recording

All conversations and communications received and placed by the Company on Company telephone lines are recorded for quality assurance purposes. These recordings are maintained for eighty (80) days from the date of recording after which they may not be available.

Billing and Payment Terms

All statement/invoices include the upcoming base charges, and will reflect the past billing period’s charges in excess of stated allotments. Payments received after the current billing date will be posted on the next statement/invoice. All billing should be examined upon receipt. Any objections to accuracy of the bill must be communicated to us within 15 days. If we don’t hear from you within 15 days, we will consider the bill accurate and will not consider further objections.

Billing Practices

The Subscriber is billed for all basic fees and services in advance, any overcalls (calls in excess of the call unit allowance), additional minutes (time in excess of the time allowance included in the basic fee), or extra charges incurred since the last billing date. A call unit is considered to be any incoming call, any attempt to page, email, fax, text message or any other outgoing call made on the Subscriber’s behalf. The Subscriber shall reimburse the Company for telephone expenses incurred in non-local outgoing calls on its behalf. If the Subscriber is being billed in whole or in part for live operator service and/or voice mail or fax services on a time basis, then “time basis ” as used herein for live operator service means all operator time accumulated when an employee is actively working in your account. “Time basis” for voice mail or fax services means telephone connect time and/or computer disk storage time. We also bill most accounts on a per incoming call basis and this service is any call that is answered – even if there is no caller on the line, or it is a recording. The amounts quoted on your agreement for service are an estimate of the charges for your account and other periodic charges may apply. Since all customer accounts vary with the amount of time required to accept and deliver a message, your rate may be subject to change from time to time based upon actual usage.

Nonpayment Policy

Charges are due and payable to Company upon receipt. After the date of the next statement/invoice, the Company will levy a late charge which reflects the extra expense involved in collecting the charges due. In the event of non-payment, the Company may, without limiting its other rights, withhold messages, interrupt or terminate service without notice. Such interruption of service does not relieve the Subscriber of responsibility for all accrued charges. The Subscriber shall be liable for all collection fees, including interest on all unpaid amounts at the lesser of eighteen percent (18%) or the highest rate permitted by law, attorney’s fees and other costs incurred in the collection of monies due to the Company.

Termination Notice

The Company will continue providing the Subscriber with the services listed on the front of this statement/invoice until cancelled in writing by either party. Cancellation shall be effective at the end of the billing cycle following the billing cycle in which written notice of cancellation is received. There will be no refunds or credits for portions of a billing cycle or unused service.

Disclaimer of Liability

THE COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES, CONSEQUENTIAL OR OTHERWISE, RESULTING FROM ANY FAILURE TO RECEIVE OR DELIVER MESSAGES. EVEN WHERE SUCH A FAILURE IS A RESULT OF THE COMPANY’S NEGLIGENCE, MISCONDUCT, ERROR OR OMISSION. THE COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE CHARGES PAYABLE BY THE SUBSCRIBER FOR THE DAYS ON WHICH SUCH ACT OR OMISSION OCCURRED. ACCORDINGLY, YOU AND YOUR INSURER SHOULD BE AWARE THAT THIS EXPRESS DISCLAIMER OF YOUR LIABILITY IS AN INTEGRAL PART OF YOUR CONTRACTUAL RELATIONSHIP WITH THE COMPANY.

The Subscriber will protect, indemnify and hold the Company harmless from any claim or liability that may be asserted by anyone else, including your insurer, in the event of loss, injury, or damage to property or persons sought to be protected by this service, even if such loss, injury or damage results in or is claimed to have resulted from the Company’s negligence, misconduct or omission.

Acceptance of Supplemental Terms and Conditions

Unless you notify us in writing, your continued use of our services will constitute your acceptance of the Service Agreement, these Supplemental Terms and Conditions, and to the amounts and charges stated on the front of your statement/invoice.