Services, Trade Secret and Confidentiality Agreement
This Service Agreement (the “Agreement”) is between you as the “Client” and The Service Center, an Idaho corporation (“TSC”), located at PO Box 735, Emmett, ID 83617.
The purpose of this agreement is for TSC to provide to Client the selected goods and/or services described, as they are outlined and defined in the Definition of Services.
Pricing, Invoicing, Fees, Other Costs and Payment Methods
- TSC’s prices for the goods and services are subject to change, and are regularly updated on the website at https://servicecenterpro.com/pricing. The pricing will not change for existing clients without at least 30 days notice.
- Autopay: Client authorizes TSC to enroll them in Automatic draft, which will automatically debit their credit card or bank account each month on the anniversary of the date of purchase for the base rate of their current package, unless stated otherwise in writing. Additionally, on the 1st business day of each month, Client’s account will also be automatically drafted for the usage rate of all services rendered. An example would be, “Client signed up on the 15th of the month and is billed $199 each month on the 15th as a base rate, and additionally billed $139 on the 1st of the month for the 139 minutes used during the previous month.”
- Invoices: Some services are unique and require monthly invoices. These may include, but are not limited to: Virtual Assistant services, special projects, training hours, significant changes to process requiring additional implementation time, and more. TSC shall submit invoices to Client in reasonable time after the completion of said tasks, and Client agrees to pay such invoices within 15 days. Client agrees that TSC may submit invoices via email or other electronic means.
- Fees and Other Charges:
- Base Rate Fee: the amount you pay each month for an active account.
- Usage Fee: the amount you pay for minutes and hours used.
- Set Up Fee: the amount you may pay for account set up and training.
- Disconnect Fee: the amount you may pay for cancelling services in the event of early termination, breach of contract, or violation of the terms and conditions
- Reconnection Fee: the amount you may pay for reconnecting services after a termination, suspension, pause or cancellation occurs.
- Taxes: In some states, we are required by law to collect certain taxes, surcharges and assessments that will be included on your invoice. Any customer who is eligible for an exemption from any tax or fee must provide us with a verifiable, valid and properly executed tax-exempt certificate. Any tax exemption applies only after the date we receive the certificate from you and have verified your eligibility for the exemption. Talk to your sales rep for more details about the taxes in your state.
- Merchant Services/Credit Card Processing Fees: Since our company is based in Idaho; and Idaho State Law allows us to do so, we may choose to bill for any credit card fees that we incur when processing your preferred method of payment. Fees will be collected at $0.30 per transaction and 3.0% of the total payment amount.
- Other Fees: Except where prohibited by law, we may also require you to pay regulatory and administrative fees to recover our costs of complying with regulatory mandates and Universal Service fees or similarly imposed charges.
- We reserve the right to change our subscription plans or adjust pricing for our services or any components thereof in any manner and at any time. We will give you at least 30 days’ notice prior to any price change or change to your subscription plan.
Term and Termination
This Agreement is valid for 30 days after the Effective Date. After 30 days, it shall automatically renew on each anniversary of the Effective Date until either party gives 30 days written notice of termination to the other party, unless otherwise agreed upon in writing.
We may terminate your subscription immediately upon giving notice to you if: (i) we suspect that a request from you or your callers or your website visitors constitutes or otherwise relates to fraudulent or otherwise illegal activity or to a sexual or otherwise potentially illicit encounter, (ii) you or your callers or your website visitors are abusive, disrespectful, or otherwise inappropriate to our personnel, or (iii) you breach any of these Terms. In addition, we may terminate your subscription for any other reason or for no reason by giving you 30 days’ notice.
You also agree NOT to resell (white-label) our service to someone else without prior written permission from The Service Center. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR VIOLATING THIS AGREEMENT OR FOR ANY OTHER GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO:
- Two or more late payments in a 12-month period.
- Incurring charges materially in excess of your monthly access charge (even if we haven’t yet billed the charges).
- Harassing our employees or agents.
- Soliciting products or other services to our agents by phone, email, text, slack, or in-person without first receiving written permission.
- Lying to us.
- Interfering with our operations.
- Becoming insolvent or going bankrupt.
- Breaching this agreement.
- “Spamming,” or other abusive messaging or calling practices.
- Providing credit information we cannot verify.
- Using your service in a way that adversely affects other customers or is illegal.
- Allowing anyone to tamper with your TSC number.
We can also temporarily limit your service for any operational or governmental reason including but not limited to: global pandemic, natural disasters, economic uncertainty, etc.
Each party hereby acknowledges that it may from time to time receive proprietary and confidential information and trade secrets of the other Party (“Confidential Information”) in electronic form or otherwise and that such Confidential Information is very valuable to the other Party. Any information provided by one Party to another shall be deemed confidential unless otherwise noted by the disclosing Party (or unless otherwise falling into one of the categories of non-confidential information set forth below). Such Confidential Information may include, without limitation, the terms of this Agreement, and information regarding a Party’s Clients.
Neither Party will disclose such Confidential Information of the other Party to any third party (other than each Party may share such information and data with its respective attorneys and independent accountants) or use the Confidential Information for any purposes other than the purposes of this Agreement. Each Party will use commercially reasonable efforts (but not less than those efforts required by its internal policies and practices) to prevent any unauthorized person from having access to any Confidential Information.
Notwithstanding anything to the contrary set forth in this Agreement, the requirement of non-disclosure and the obligations of confidentiality shall not apply to any information that: (a) at the time of disclosure is legally in the possession of the other Party with no duty of confidentiality, (b) is independently developed by the other Party, (c) is or becomes publicly available through no wrongdoing of the other Party, (d) becomes available to the other Party, on a non-confidential basis from a person, other than the disclosing Party, who is not bound by a confidentiality obligation or otherwise restricted from transmitting the information to the other Party, or (e) is disclosed pursuant to an order by a count or other governmental body, or other lawful process, to disclose; however, the disclosing Party shall have the right to obtain a protective order which limits the disclosure to the minimum amount necessary to comply with the order.
In the event a Party or any of its representative is requested (by oral question or request for information or documents in legal proceeding, interrogatories, subpoena or similar process) by any individual or entity or any local, state or federal governmental agency, to disclose any of the Confidential Information of the other Party (“Discloser”), the Party receiving such request (“Recipient”) will (i) provide the Discloser with prompt (and in any event with three (3) business days) notice of any such request or requirement, (ii) cooperate fully with the Discloser, so that either or both Parties may seek an appropriate protective order, and (iii) in the event an order is issued, comply with the terms and intent of this Agreement to the fullest extent possible without violating such order of the court. Nothing herein shall preclude disclosure of such Confidential Information pursuant to any lawful process if (i) Recipient has been provided with an opinion of competent counsel that such disclosure is mandated by applicable law, (ii) disclosure is then made to the minimum extent necessary to comply with such process, (iii) Recipient seeks reasonable and appropriate confidentiality arrangements from the body issuing such process under which disclosure will be made, and (iv) disclosure is made under such confidentiality arrangement as may be approved or directed by the body issuing such process.
Trade Secret Information
Client acknowledges that TSC has expended considerable resources in building its base of employees and independent contractors (“Service Personnel”) who provide the types of services that TSC is providing to Client. Client further acknowledges that the names, titles and contact information of the Service Personnel collectively constitutes Trade Secret information that TSC has taken reasonable steps to protect from unauthorized disclosure or use. Client agrees that, for so long as TSC continues to take reasonable steps to protect the Service Personnel information as a Trade Secret, Client will protect it under the provisions of the Confidentiality section, above.
Non-solicitation of Service Personnel
During the Term of this Agreement and for 12 months after termination or non-renewal of this Agreement, Client shall not, directly or indirectly, for itself or for any other person, firm, corporation, partnership, association, or other entity
(b) hire as an independent contractor; or
(c) attempt to employ or hire any of TSC’s Service Personnel, agents, staff, or other individuals employed by TSC.
Governing Law; Venue; Jurisdiction; Attorney’s Fees & Costs.
(a) The validity, construction and enforceability of this Agreement shall be governed in all respects by the law of the State of Idaho, with regard to its conflicts of laws principles.
(b) The venue for any disputes relating in any way to this Agreement shall be the state or federal courts in Ada County, Idaho. The parties consent to the exclusive jurisdiction of those courts.
(c) The prevailing party in any dispute shall be awarded its reasonable attorney’s fees and costs of the dispute. The prevailing party is the one who achieves substantially the result it sought in a particular action, such as a defendant winning a motion to dismiss a lawsuit.
Entire Agreement; Amendment. This Agreement states the entire agreement between the parties on the subject matter herein. This Agreement may only be changed by a written, specific amendment, signed by authorized representatives of each party.
Definition of Services
Pricing and Description of Live Receptionist Services
The monthly subscription is the amount charged to the client each month to have access to full-time support staff that is logged in, awaiting calls or tasks. This amount will be charged to the client regardless of the amount of usage for other services. Some packages may have a number of minutes included. Promotional rates may also be discounted if applicable.
Separate from the base rate, each minute used for inbound and/or outbound is charged at a per-minute rate for connected calls. A “connected call” is one that the agent has successfully answered an incoming call, or for outbound, dialed a number and successfully reached an live person or answering machine. Leaving a voicemail counts as a connected call. After-call work is also billed per minute, where the agent ends the call and takes time to enter notes into the system, and wrap up the remaining tasks outlined in the script or process. For all scenarios, this per-minute rate is calculated to the nearest whole second, and is not rounded further. Per-minute rates vary depending on the base package. The higher the base rate, the less the per-minute rate will be. We do not charge for time spent in queue, abandoned calls, or system testing and training purposes. Occasionally you will see time on your report for “testing and training purposes” where agents will check the system to ensure call flows are working properly, or for training and quality assurance purposes. While this time does appear on the weekly/monthly reporting, it is excluded from the billing calculations when invoicing.
In the event that the Client requests holiday service (New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day), there will be an additional fee per holiday added to their invoice for the month of the holiday. Clients who decline the optional holiday rate will have all calls routed to voicemail and return calls will be made on the next business day. We reserve the right to remain closed on any major holiday if there are not enough clients who request the service (Unless a different team of agents is activated and trained to handle your business, as an alternative to your usual team of agents).
Toll Free/Local Number Subscription Fee
Each package comes with one phone line included. Each additional phone line requested will be billed at an additional rate.
SMS Text Messaging Subscription
Long code phone numbers are available for sending/receiving sms text messages to you as a member, as well as your customers. Each requested line is $10 per month for the subscription, and $0.25 per text. Groups of over 100 numbers will be sent at a discounted rate of $0.15 per individual text (500 numbers = 500 texts). A single text message consists of up to 160 characters. Texts over 160 characters will be counted as 1 text for each 160 character part, up to 960 characters per message. A character is a letter, number, symbol, space or punctuation mark.
Sub Account Fee
Each sub account is billed separately, and a discount may be given. All services of the sub account will be identical to the parent account, unless otherwise noted. Separate accounts may also be used in place of sub accounts.
Voicemail to Email
If a voicemail is received during off hours, a recording of the message can be made available upon request. No additional fees are added other than the per-minute rate for the time it takes the agent to process the request.
Call Recordings and Recording Patching
We have the ability to playback a recording to a client, or caller upon request. Playback is available for recordings less than 30 days old and are billed at the per-minute rate of their current package. Any recording older than 30 days will be archived and only available upon special request by the client. Data storage for recordings can be purchased for $10 per month, and recordings will be stored for up to one year past the date of the recording.
Custom Greetings and Directories
A basic greeting message will be recorded with your business name, as well as a default voicemail greeting. If you would like a custom greeting message (i.e. music in background, professional voiceover, etc.) there is a one-time fee and can be ordered on the website at https://servicecenterpro.com/product/custom-greeting-directory-and-voicemail-messages/.
Setup and Training Fee
Training, implementation and other costs incurred for each new business are recovered by charging a setup fee for each business. The setup fee is non-refundable, and non-negotiable. The cost of the set up fee may vary by package, not accounting for promotions or discounts. The fee will be quoted in the “Right-fit” meeting prior to implementation. Please speak with your sales representative if you have any questions.
CRM Subscription Fee
If the client does not already have a CRM, a FREE basic subscription to HubSpot will be included with each package. Advanced subscriptions will vary, and can be purchased from TSC separately.
Security/Compliance Subscription Fee
If your industry requires compliance for HIPPA, PCI, SSL and other encryption or compliance, these features will be billed at an additional rate. These specialty features will be quoted separately.
Automatic reports will be generated on a weekly and/or monthly basis. You will also be given a link to a shared Google Drive Folder where you will have a tracking sheet to view your minutes in real time. Your automated weekly reports will be emailed separately and have a detailed account of each call, and the information of each caller, including the notes of the call.
TSC will use commercially reasonable efforts to maintain availability of the Services during your subscribed-to Service times, excluding scheduled maintenance time, outages, emergency maintenance, unavailability caused by any software, hardware or any service not provided by TSC, or any cause beyond TSC’s reasonable control. The Service will be deemed available so long as callers are able to reach us. TSC is not liable for any delays, interruptions, or other transmission errors related to your device, service, telephone provider or wireless service provider.
Services are provided as described below. While we will do everything we can to meet your business’s unique needs and wants, we are unable to act as legal or financial representatives or medical experts for your business or your clients. We will not engage in activity that may be construed as giving legal or financial advice, for your protection as well as ours.
Description of Virtual Assistant Services
Usage rates for Accounting, Website and Graphic Design, Virtual Assistant Services, Software Development and all other services not pertaining to phone calls or customer service, will be billed by the hour, with a set number of hours pre-purchased each month with the monthly subscription, or by buying additional hours if needed (see below).
The monthly subscription is the amount charged to the client each month to have a predetermined amount of hours allocated to their available balance. This amount will be charged to the client regardless of the amount of usage for other services.
Usage describes the amount of time a virtual assistant will work and the time is debited from the available balance. The higher the base rate, the less the per-minute rate will be. Usage rates for Accounting, Website and Graphic Design, Virtual Assistant Services, Software Development and all other services no pertaining to phone calls or customer service, will be billed by the hour, with a set number of hours pre-purchased each month with the monthly subscription, or by buying additional hours if needed.
Description of Website and Graphic Design Services
The setup cost is for the initial design and build of the website. It does not include ongoing maintenance. For unlimited changes and maintenance within the current website scope, please choose a monthly subscription package. If a client wishes to add functionality to the original website proposal agreement, they will receive an SOW and additional quote to implement the new functionality. If Client is on a monthly maintenance package, support for the new functionality will be included in their subscription.
The monthly subscription will cover all requested text, image and video content changes, search engine optimization, maintenance and updates within the existing scope of the website. This monthly subscription does NOT include any ad spend for online or print advertising, social media management or fees associated with domain/web hosting and SSL certificates.
Once the agreed-upon scope of the proposed website or graphic design has been completed, clients without a maintenance plan will have two weeks to make changes. If a client is on a maintenance plan, changes within current website scope are included until the maintenance plan is cancelled by the client or TSC. After two weeks, clients can either purchase support for an hourly rate or subscribe to a maintenance plan.
Description of Accounting, Bookkeeping, Payroll and Tax Filing Services
The monthly subscription will cover the subscription cost of QuickBooks Online Plus and TSheets, as well as the hours for training and support that come with each package. It does not include any personal or business tax planning or filing fees.
Additional hours for single-use can be purchased at any time and redeemed when needed. You may also purchase bookkeeping and accounting time as a gift for others.
Description of Human Resource Services
The hiring services will include job posting on Indeed, FaceBook, and LinkedIn. It will also include initial phone interview screening, and live interview screening for each applicant. Drug testing, background checks, state reporting, and workers compensation insurance are purchased separately.
If you have any additional questions about your services, please call 208-315-6500.
Disclosures and other Disclaimers
We fully disclose that our business model depends entirely on systems, softwares, hardwares, other equipment and many tangible and intangible assets that are not in our direct control. Due to this dependency, we recognize that we are at times vulnerable to external influences that may result in situations where services are limited, or rendered unavailable either temporarily or perhaps permanently. These influences include but are not limited to: the internet functioning properly, ours and the Client’s phone providers functioning properly, notifications from email and text messaging being received properly and in a timely manner, 3rd party software working properly, etc.
If for any reason services are down temporarily due to the issues listed above, or any similar situations, we will notify you via email after 30 minutes of consecutive downtime. During such downtimes, we will make prudent recommendations depending on the circumstances and estimated duration. Please note, that due to these situations being outside our control and influence, we will not be able to provide any refunds or prorated discounts for outages or system issues of similar nature.
We fully disclose that our business model also greatly depends on human assets that are in our direct and indirect control. We promise to do our best to train, prepare and mitigate human error in every scenario possible. Please understand that humans are fallible and we do not claim to be perfect. We cannot guarantee performance or offer any kind of refund or discount due to negligence, incompetence, or misunderstanding. We do our best to screen all employees and conduct thorough background checks, drug tests and credit checks to ensure the highest quality and caliber of individuals charged with the care of your business (see also limited liability waiver below).
We also disclose that due to human dependency and reliability, there may be times when call volumes exceed that which we have prepared agents on shift for to handle them. In these cases, your callers may be asked to hold for a few minutes. During these moments, they will be given an option to press pound (#) to save their place in queue and receive a callback from our agents when they become available. Alternatively, they can press one (1) to leave a voicemail if it is included in your package. Please take note, that although other companies charge for the times callers are on hold, The Service Center does not. We DO NOT bill for hold times when callers are waiting for agents to answer phone calls. We do, however, bill for hold times when agents are placing the caller on hold and still conducting business (note taking, attempting to reach you via slack, text, email, etc.).
With our availability set for 6am to 10pm Monday through Saturday (Mountain Standard Time), we recognize and disclose that callers may inevitably call in during off-hours. In the event that customers/clients are calling in during off-hours, they will be directed to leave a voicemail message (if included in your package). These voicemail messages will be returned by our agents on the next business day, unless otherwise specified by you.
Call Monitoring and Recording Notification
Some State and federal laws require that one or all parties be informed that they are being recorded. As such, each call made or received may disclose that “This call/session may be monitored and recorded for record-keeping, training and quality-assurance purposes.” Please check the current laws of your state.
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE. WE CAN’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DON’T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN’T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE.
You agree to indemnify, defend and hold The Service Center harmless from any claims arising out of your use of the service, breach of this agreement or violation of any state or federal laws or regulations or the rights of any third party by you or any person on your account or that you allow to use the service.
Waivers And Limitations Of Liability.
THE SERVICE CENTER IS NOT LIABLE FOR ANY DAMAGES THAT YOU MAY INCUR AND ANY RECOVERY BY YOU IS LIMITED TO THE AMOUNT OF MONEY PAID BY YOU TO THE SERVICE CENTER. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT CAN NOT SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE SERVICE CENTER AND THIS WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ONE OF OUR SUPPLIERS, TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THE SUPPLIER FOR SUCH CLAIM. You agree that we are not liable for problems caused by you or a third party; by buildings, hills, network congestion, tunnels, weather, or other factors over which we have no control (including acts of God). You also agree The Service Center is not liable for missed VoiceMail(s), or deletions of VoiceMail(s) from your VoiceMail box (if you have one), even if you’ve saved them.
Handling Disputes With The Service Center
ANY CLAIM OR DISPUTE BETWEEN YOU AND THE SERVICE CENTER IN ANY WAY RELATED TO OR CONCERNING THIS AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO YOU, INCLUDING ANY BILLING DISPUTES (CLAIM), SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THIS AGREEMENT TO ARBITRATE ALSO REQUIRES YOU TO ARBITRATE CLAIMS AGAINST OTHER PARTIES RELATING TO SERVICES OR PRODUCTS PROVIDED OR BILLED TO YOU, INCLUDING SUPPLIERS OF SERVICES AND PRODUCTS AND OUR RETAIL DEALERS, IF YOU ALSO ASSERT CLAIMS AGAINST US IN THE SAME PROCEEDING. THE PARTIES ACKNOWLEDGE THAT THE AGREEMENT AFFECTS INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ARBITRATIONS UNDER THE AGREEMENT. BEFORE INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT: THE SERVICE CENTER, PO BOX 735, EMMETT, ID 83617; AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE NOT ABLE TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU OR WE, INSTEAD OF SUING IN COURT, SHALL INITIATE ARBITRATION PROCEEDINGS WITH THE AAA. ARBITRATION WILL BE CONDUCTED UNDER THE AAA’S PUBLISHED WIRELESS INDUSTRY ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT WWW.ADR.ORG. THE AAA HAS A FEE SCHEDULE FOR ARBITRATIONS. YOU WILL PAY YOUR SHARE OF THE ARBITRATOR’S FEES AND ADMINISTRATIVE EXPENSES (“FEES AND EXPENSES”)
EXCEPT THAT: (A) FOR CLAIMS LESS THAN $25, WE WILL PAY ALL FEES AND
EXPENSES; AND B) FOR CLAIMS BETWEEN $25 AND $1,000, YOU WILL PAY ONLY $25 IN FEES AND EXPENSES, OR ANY LESSER AMOUNT AS PROVIDED UNDER AAA’S SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES.YOU AND WE AGREE TO PAY OUR OWN OTHER FEES, COSTS, AND EXPENSES, INCLUDING THOSE FOR ANY ATTORNEYS, EXPERTS, AND WITNESSES. AN ARBITRATOR MAY ONLY AWARD AS MUCH AND THE TYPE OF RELIEF AS A COURT WITH JURISDICTION IN THE PLACE OF ARBITRATION THAT IS CONSISTENT WITH LAW AND THIS AGREEMENT. AN ARBITRATOR MAY ISSUE INJUNCTIVE OR DECLARATORY RELIEF BUT ONLY APPLYING TO YOU AND US AND NOT TO ANY OTHER CUSTOMER OR THIRD PARTY. AS A LIMITED EXCEPTION TO THE AGREEMENT TO ARBITRATE, YOU AND WE AGREE THAT: (A) YOU MAY MAKE CLAIMS TO SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY FOR HEARING BY SUCH COURT; AND (B) IF YOU FAIL TO TIMELY PAY AMOUNTS DUE, WE MAY ASSIGN YOUR ACCOUNT FOR COLLECTION, AND THE COLLECTION AGENCY MAY PURSUE IN COURT CLAIMS LIMITED STRICTLY TO THE COLLECTION OF THE PAST DUE DEBT AND ANY INTEREST OR COST OF COLLECTION AGREEMENT. AS PERMITTED BY LAW IN THE STATE OF IDAHO, OR WHETHER CLASS ACTION IN COURT, WAIVER SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT. WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WE WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.
You represent that you are at least 18 years old and have the legal capacity to accept this agreement. If you are ordering for a friend or a member of your family, you are bound by the terms of this agreement, unless and until, your friend or family member has agreed to the terms of this agreement. If you’re ordering for a company, you’re representing that you are authorized to bind the company to the terms of this agreement, where the context “you” means the company. If you are representing a company, you hereby also agree to be personally responsible for and abide by the terms of this agreement.
About This Agreement
If either of us waives or does not enforce a requirement under this agreement, we don’t waive our right to later enforce that requirement(s). You cannot assign this agreement or any of your rights or duties under it. We may assign all or part of this agreement or your debts to us without notice, and you agree to make all subsequent payments as instructed. Notices are considered delivered when we send them by email or fax to any email or fax number you have provided to us, or three days after mailing to the most current billing address we have on file for you, if by us, or to the Customer Service address on your most recent bill. If any part of this agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this agreement. This agreement and the documents to which it refers form the entire agreement between us on their subjects. You cannot rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this agreement, except as specifically provided by law. This agreement is not for the benefit of any third party except our parent company, affiliates, subsidiaries, agents and/or predecessors/successors in interest. Except to the extent we have agreed otherwise in the provisions on late fees and arbitration, this agreement and disputes covered by it are governed by the laws of the state of IDAHO, without regard to the conflicts of the laws or rules of that state.
Not a Debt Collector
The Service Center is not a debt collector. We will not make telephone calls regarding current or unpaid bills between you and your clients. You agree to indemnify us for any claims made by any party in relation to state or federal law regarding the collection of debts.
We require that your emails comply with the US CAN-SPAM Act. If you break the rules, you could be liable for hundreds of dollars for each recipient that you sent non-compliant messages to. In addition to CAN-SPAM rules, you must comply with the anti-spam laws of the countries your recipients live in. So if you’re sending to UK residents and US residents, for example, check the UK spam laws to make sure you’re also UK compliant. The Service Center is NOT responsible for any fees, fines or penalties incurred while operating in any capacity for services rendered.
- Information Collection and Use. For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, email and postal address. The information that we collect will be used to contact or identify you.
- Log Data. We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
- Cookies. Cookies are files with a small amount of data that is commonly used as an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive. Our website uses these “cookies” to collect information and to improve our Service. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.
- Service Providers. We may employ third-party companies and individuals due to the following reasons:
- To facilitate our Service;
- To provide the Service on our behalf;
- To perform Service-related services; or
- To assist us in analyzing how our Service is used.
- We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
- Security. We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.