NOTIFICATION OF SERVICE TERMS AND CONDITIONS
This Agreement, between YOU (“Client”) and Blue Sky Solutions Inc. (“BSSI”) for Phone Answering USA services, governs the Terms and Conditions of the use of BSSI Services.
NOTE: Upon purchasing, BSSI shall email you a New Account Packet, including this Service Agreement, for signature; completion and return. Your BSSI Account cannot be fully processed and setup until BSSI receives all forms fully completed.
- TERM. The initial term is three (3) full calendar months from online purchase date; the expiration date is the last calendar day of the third subsequent month (“INITIAL TERM”). Upon the expiration of the INITIAL TERM, this Agreement shall convert to and continue on a month-to-month basis (“RENEWAL”) until terminated. Service fees during RENEWAL period(s) may equal the then current listed fees for services.
- CHARGES. The non-refundable setup fee, monthly fixed cost(s) for the service(s) package(s) chosen and applicable taxes are payable when Client signs up for services and subsequently on the first of each month during the term of this Agreement. Monthly invoice(s) shall include: service fees in advance (current month) and variable charge(s) for previous month. At Client’s request, Client shall be emailed record of charges for Client’s filing purposes. If full payment is not received by the 5th day after it is due, Client will be in Default. A late charge will be assessed to the account, equaling 5% of the balance due per day between the 5th and the date that payment is received in full. BSSI may suspend and/or terminate this Agreement at any time for such default. Fees and variable charges are non-refundable.
When subscribing to communications service(s) and Client account exceeds the number of live answering calls included in Client’s Service Package, BSSI reserves the right to charge Client at a rate of one U.S. dollar per live call for all calls over the plan allowance. When calling destinations outside of the continental USA via automation or live person, international rates apply in addition.
If any type of check offered by Client to BSSI in payment of any amount due under this Agreement is returned for lack of sufficient funds, a “stop payment,” or any other reason, Client will pay a returned check charge of fifty and xx/100 US dollars ($50.00).
- PAYMENT. All major credit cards are accepted for payment. Client agrees to participate in Automatic Monthly Credit Card Billing and have their charges processed each month of the Agreement. Client authorizes BSSI to charge Client’s card on file for service fees and variable charges incurred while an active Client. Client shall provide photo identification of the credit card holder. BSSI reserves the right to suspend or terminate Client’s account without notice upon rejection of any card charges. Client agrees BSSI may submit charges for Client’s monthly service fee each month, without further authorization from Client, unless Client provides prior notice that Client has terminated this authorization or wishes to change Client’s designated card. Such notice will not affect charges submitted before BSSI could reasonably act on Client’s notice. BSSI takes no responsibility for contacting Client prior to charging Client’s designated credit card for its recurring service fee.
Amounts paid by an unapproved credit card transaction will be treated as unpaid and place the Client in default. BSSI may terminate this Agreement at any time for such default. In the event Client account is terminated, BSSI has the authority to charge Client credit card of record for any additional usage fees Client may have accrued while still an active account.
BSSI Services are subscription-based. By subscribing to BSSI Services, Client warrants that all information submitted is true, valid and accurate (including without limitation credit card number and expiration date) and Client agrees to pay all service, variable and additional usage fees Client incurs, plus any/all applicable taxes. It is Client’s responsibility to insure: there are enough funds to cover the monthly fees; that BSSI has the correct credit card information on file; expiration date is valid (if expiration date is not current, this will decline credit card); correct billing address (if account information is not identical to credit card statement, this will result in a decline); and account is in good standing.
- COMMUNICATIONS SERVICE. BSSI offers both live and automated telephone answering services and electronic facsimile service.
If subscribing to telephone service(s), Client is permitted to utilize the assigned telephone number for its business purposes. BSSI shall not be held responsible for any interruption in telephone service due to: failure of third-party telecommunications service provider or equipment; labor dispute; act of nature; or any other cause or casualty beyond BSSI’s control. Client may not take the assigned telephone number upon termination of services. If Client’s account is overdue by 2 weeks, BSSI reserves the right to suspend services until account is current.
If subscribing to electronic fax service, Client is permitted to use the assigned fax number for its business purposes. Client shall receive fax(es) and/or fax notification(s) to its email address. Client is responsible to insure its email address on file is an active account. Client may not take the assigned fax number upon termination of services. Local fax service furnished by third-party vendor and managed by BSSI Administrator. Client agrees that BSSI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on fax-to-email service.
It is Client’s responsibility to notify all parties of termination of the use of the number(s); there is no forwarding.
- MODIFICATION(S) BY CLIENT. Client may elect to upgrade or downgrade its services by providing written notice to firstname.lastname@example.org. Such a change will be effective the first of the following month. Any difference in service charges will be due at the time of request; any credit due to Client will be applied to the next month’s charges. It is Client’s responsibility to provide written notice of any change to its contact information to email@example.com.
- MODIFICATION(S) BY BSSI. BSSI reserves the right, in its sole discretion, to change pricing; supplement, amend, or modify this Agreement upon thirty (30) days’ written notice to Client. BSSI may modify or discontinue all or part of its services, temporarily or permanently, with or without notice, and is not obligated to support or update its services. The amended Terms shall be effective immediately after they are posted online at www.bssivirtual.com. Client acknowledges and agrees that BSSI is not liable to Client or any third party in event that BSSI exercises its right to modify and/or discontinue all and/or part of its services.
- WEBSITE LINKS. BSSI web site and its related websites may provide links to other websites and resources. Client agrees that BSSI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources.
- CONDUCT. . Client, at its expense, shall comply with all Federal, State and Local laws, including but not limited to licensing rules and requirements, relating to its use of BSSI Services and facilities. When at a BSSI facility, Client shall observe such reasonable rules and regulations as may be adopted and made available to Client for the safety, care and cleanliness of any physical BSSI facilities the Client may use and for the preservation of good order therein. Client shall not engage in any activity that may result in or create a fire hazard, theft hazard, safety hazard, create excessive noise, or cause an increase in BSSI’s insurance expense. When onsite, Client may only smoke in designated smoking areas surrounding the Premises. Client will not commit any activity, or series of activities, that interferes with another’s work performance or creates an intimidating, offensive or hostile work environment for any clients and/or employees of BSSI.
Client will keep its information current with BSSI and agrees to sign a revised version of this Agreement and other necessary forms whenever any information changes. BSSI shall not disclose information provided by Client except for law enforcement purpose. Client agrees to communicate with BSSI through electronic communications such as email; is aware that such use and data storage includes a risk of inadvertent or unintended information disclosure or other adverse consequences occurring; and accepts such possible consequences of the disclosure of confidential information at its own risk. BSSI strives to maintain its systems safe and data confidential but cannot guarantee.
Should Client fail to keep information current and is not reachable by normal means of communication over two (2) weeks, BSSI may cancel the Agreement with no refund or liability to Client.
- DAMAGE. BSSI shall have the right to bill Client for the total cost of repairs, plus 15% to cover BSSI administration costs, for any damage caused by Client, its clients, guests, visitors and other associated individuals, to BSSI facilities, or surrounding building.
- INDEMNIFICATION. Client will defend, indemnify, and hold harmless BSSI, its landlord; subsidiaries, affiliates, and the directors, officers, employees, vendors, partners, contractors, or other representatives of each of them and all of their successors and assigns (collectively, the “BSSI Parties”) with respect to all claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of BSSI Services; and/or arising out of or in connection with any damage or injury (i) occurring in or on the Premises, except to the extent caused by the negligence or willful misconduct of the Indemnified Parties; or (ii) occurring elsewhere in the Building or the property to the extent caused by the negligence or willful misconduct of Client, its assignees, agents, invitees, employees, officers and directors. BSSI retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases Client agrees to cooperate with BSSI to defend such claim. Client may not settle any claim covered by this Section 14 without BSSI’s prior written approval.
- EXPIRATION/CANCELLATION/TERMINATION. Any termination date for this Agreement shall fall on the last day of the month after the Initial Term, unless Client is in default. This Agreement may be terminated after the INTIAL TERM in writing under these conditions: a) after the INITIAL TERM by either party, with or without cause, upon the giving of not less than thirty (30) days written notice; b) by BSSI at any time, with or without notice, should Client be in default of this Agreement; c) if the local Business Licensing Division will not issue license (service package and location-specific). Client’s written notice to terminate the Agreement must be in writing, and must be sent by either: a) Email to firstname.lastname@example.org; or b) Postal mail to Blue Sky Solutions Inc. 3651 Lindell Road, Suite Las Vegas NV 89103. BSSI’s written notice to terminate the Agreement shall be sent by either: a) Email to Client’s email address on record; or b) Postal mail to Client’s last known address on record.
- POST-TERMINATION SERVICES. Upon termination of the Agreement for whatever reason, it is the Client’s responsibility to notify all parties of Client’s change of communication(s) services.
- LIMITATION ON LIABILITY. Client agrees that the services are provided on an “as is” basis without any warranties (whether expressed or implied). All implied warranties, including warranties of merchantability, correctness, completeness, timeliness, currency, or otherwise are disclaimed. All special, incidental, consequential or exemplary damages arising from this Agreement or the services are hereby excluded, to the full extent permitted by law. BSSI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, whether in an action for or arising out of breach of contract, tort or any other cause, even if advised of the possibility of such damages. Client use and operation of the services owned or controlled by BSSI is at Client’s sole discretion and risk. Should BSSI fail to render said services, BSSI shall adjust Client’s billing in an amount equal to the charge for such service during which the failure occurred or continues. Such an adjustment to Client’s billing shall be Client’s sole remedy for any such failure. There will be no billing adjustment if Client is in default. If Client is in default and its services are suspended, BSSI is not responsible for any liability resulting from service suspension due to Client’s default. BSSI is not responsible for any damage to person or property owned by Client, its clients, guests, visitors and other associated individuals, except to the extent the damage is caused by BSSI’s negligence, or by the negligence of its employees. BSSI will accept delivery of property on behalf of Client. BSSI is not responsible, however, for loss, theft or disappearance of any Client property.
- ACKNOWLEDGMENT AND ACCEPTANCE. BSSI Services are offered to Client on the basis that Client accepts without modification all the stated Terms and Conditions in this Agreement. Client use of the Services represents Client’s agreement to the stated Terms and Conditions. Each person that uses BSSI Services, or that enters into a contract on behalf of its employer or other third party, represents that such person is authorized to accept these terms on its employer’s or the third party’s behalf. As authorized user of BSSI Services, Client agrees that the Services will be used for legitimate business purposes. Client shall not assign this Agreement to any other party. BSSI is not responsible to the Client for any phone calls or faxes received, or for any services to be performed for any other individuals or entities except as named in the Agreement. BSSI reserves the right to refuse service to anyone for any reason at any time.
- JURISDICTION AND CHOICE OF LAW. This Agreement is interpreted and enforced in accordance with the laws of the state of Nevada, USA; Clark County, Nevada shall have exclusive jurisdiction over any action or legal proceeding(s).
- INTERPRETATION. The invalidity or unenforceability of any provision hereof shall not affect or impair the validity of any other provision. No waiver of any default of Client shall be implied from any failure by BSSI to take action with respect to any Client default.
- ATTORNEY FEES. In any action or legal proceeding to enforce any part of this Agreement, the prevailing party shall recover reasonable attorney fees and court costs.