Terms & Conditions

1 Services: Anserve, Inc. (“Anserve”) shall provide telephone answering services consisting of the receiving and answering of Client-related communication (“Services”). All Clients bear the responsibility of managing the call forwarding process and ensuring their phone systems reach Anserve when desired. Anserve shall be entitled to rely on the information supplied by the Client, including, but limited to, telephone numbers, names of persons to whom the calls should be referred, the hours when the persons are to receive designated communication and all other items of information used in the performance of Services by the Anserve. Anserve shall not be required or have a duty to verify or inquire as to the accuracy or reliability of the information supplied by the Client. 

2. Period of Services: The Services to be performed under this Agreement shall commence on the specified start date and shall continue on a month-to-month basis, provided that Anserve has received, on or before that date, a signed proposal. Anserve shall have no liability or responsibility for commencing or continuing service unless the signed copy of the proposal is delivered to and accepted by Anserve. This agreement is terminable by either party upon thirty (30) days’ written notice and in accordance with Section 7 of these Terms & Conditions. 
3. Service Suspension: After repeated phone & email attempts to collect balances owed by Client, any Client who carries a balance aging 60 days or longer may have service suspended until payment in full has been received by Anserve. 
4. Setup Charge: Customer shall pay a one-time non-refundable setup charge in the amount specified in the proposal. This charge is separate from Customer’s regularly recurring service fees (“Rate Plan”). 
5. Setup Materials. Client hereby specifically acknowledges that failure of the Client to submit the required setup materials and/or provide Anserve with the most up-to-date account preferences, contact information, and voice greetings shall delay the servicing of the account and possibly result in unintended errors. 
6. Confidentiality: Anserve shall treat all messages as confidential and shall not intentionally disclose any messages to any unauthorized person or organization. However, Anserve shall not be responsible for any inadvertent disclosure and shall have the right to cooperate with all law enforcement agencies or organizations and may disclose to them whatever information is requested pursuant to the performance of their official duties, without prior notice to the Client of such requests. 
7. Message and Recording Retention: Anserve retains message records and call recordings in accordance with its internal data retention policies. Unless otherwise agreed in writing, message records and call recordings are maintained for up to six (6) months from the date of creation. After that period, such records may be permanently deleted without notice. Anserve shall have no obligation to retrieve, preserve, or provide records that have been deleted in accordance with its retention policies. Clients requiring longer retention periods must arrange such retention with Anserve in writing and may be subject to additional fees. 
8. Closing Accounts: Should Client wish to terminate this agreement at any time, an authorized representative may do so by emailing Anserve directly, with thirty (30) days’ notice. All cancellation notifications are required to be sent to cancellation@anserve.com. Client will receive a form to fill out via email. Client accepts that this will be the sole method of closing an account. An account will be considered closed at the conclusion of the thirty (30) days and upon payment in full of any fees due to Anserve by Client.

9. Limitation of Liability: Anserve shall not be liable for any acts, errors, or omissions by it or its employees or agents. Anserve’s entire liability to the Client as to damages for, based upon, or in connection with, either directly or indirectly, Services provided or which should have been provided by Anserve to or on behalf of the Client shall not exceed the fees and costs payable by the Client to Anserve for the payment period in which the conduct giving rise to the claim took place. Credit for Anserve’s actual charges shall be Client’s sole remedy. In no event shall Anserve or its employees or agents be liable to the Client for (a) any incidental or consequential damages, including, but not limited to, any lost profits or revenues arising either directly or indirectly from the performance, or failure to perform, any Services; (b) any punitive, exemplary, or multiplied damages; (c) any damages for, based upon, or arising out of any natural disasters, weather conditions, civil disturbances, material shortages, electronic or mechanical failures, network disruptions, hardware or software malfunctions, or problems with or the interruption of Client call forwarding features or Client telephone services; (d) and loss of use or data regardless of legal theory, whether or not Anserve has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose. 
10. Indemnification: The Client agrees to defend, indemnify and hold Anserve and its employees and agents harmless as against any and all liabilities, losses, damages, injuries, claims, suits, judgments, settlements, awards, costs, charges and expenses, including but not limited to any fees, costs, charges and expenses incurred by Anserve for investigation, defense and resolution, for, based upon, or arising out of the performance or failure to perform any Services under or pursuant to this Agreement. 
11. Ownership and Property Rights: All technologies, software, hardware, operating applications, procedures, scripts, telephone numbers, or other materials of any nature or type prepared, furnished, or utilized by Anserve, other than those items furnished by the Client to Anserve, shall be considered the sole and exclusive property of Anserve and shall be retained by Anserve upon the termination of this Agreement. 
12. Reports and Statistical Information: Anserve may be requested by the Client from time to time to furnish reports or statistical information to the Client regarding aspects of the Services being performed. The cost to prepare and furnish such reports and statistical information is not included within the “Rate Plan” selected. Therefore, Anserve will advise the Client of the cost to be charged for the reports and statistical information and obtain the consent of the Client before preparing and providing same to the Client. Anserve does not make any guarantees, warranties, or representations as to the accuracy of the reports and statistical information so provided. 
13. Assignment: This Agreement is binding on the parties hereto and their respective successors and assigns. It is agreed that Anserve may assign the Agreement to its successor or any entity acquiring all or substantially all of the assets of the Company, provided Client is given 30 days’ written notice, which may be delivered via email. Client must provide Anserve with thirty (30) days notice of any sale, acquisition or assignment that would affect any and all responsibilities in this Agreement. 
14. Notices: With the exception of cancellations, any notices required to be given by the terms of this Agreement shall be sent by regular mail and e-mail or facsimile. All notices shall be effective upon actual receipt. 
15. Severability: No term or provision of this Agreement that is determined by a court of Competent Jurisdiction to be invalid or unenforceable shall affect the validity or enforceability of the remaining terms and provisions of this Agreement. Any term found to be invalid or unenforceable shall be deemed as severable from the remainder of the Agreement. 
16. Independent Contractor: Nothing contained in this Agreement shall be construed or interpreted by the parties hereto, or by any third party, as creating a relationship of principal and agent, partnership, joint venture, or any other relationship between Anserve and the Client, other than that of independent contractors contracting for the provision and acceptance of Services. Each party will be responsible for hiring, supervising and compensating its own employees and for providing benefits to and withholding taxes for such employees. 
17. Dispute Resolution. All disputes by and between the parties concerning any matter related to this agreement shall first be subject to good- faith negotiation for a period of thirty days, after which the parties may submit the same to binding arbitration, with the cost of arbitration shared equally by both parties. 
18. Modifications: Anserve may revise this agreement from time to time and will always inform you of material changes to the agreement. If a revision meaningfully reduces your rights, we will notify you at least thirty (30) days prior to any such revision. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revisions. 
19. Governing Law: This Agreement shall be deemed to have been executed in the State of New Jersey, and shall be interpreted, construed and enforced in accordance with and governed by the laws of the State of New Jersey. 
20. Entire Agreement: This Agreement represents the entire agreement by and between the parties hereto, and supersedes all prior agreements, negotiations, representations, or discussions between the parties