These Terms of Service (which we’ll refer to below as the “Agreement”) are a contract between you and 247 Live Support Rep, Inc., a corporation that carries on business under the business name “247 Live Support Rep” (which we’ll refer to below as just “247 Live Support Rep”). This Agreement will govern your use of 247 Live Support Rep’s products and services and all other aspects of your commercial relationship with 247 Live Support Rep, so please read it carefully. By using or continuing to use 247 Live Support Rep’s products and/or services, you agree to each of the terms and conditions below.
In exchange for the payments associated with the plan you've selected, 247 Live Support Rep will make its live call answering services (the "Services") available to you in accordance with this Agreement and the plan's terms, which are shown in the confirmation email you received following sign-up.
You agree to access and use the Services solely for lawful business or professional purposes and to abide by 247 Live Support Rep's policies regarding the use of the Services, as those policies may change from time to time. You further agree not to sell, transfer, license, or otherwise make available the Services to any third person without 247 Live Support Rep's prior written consent. You acknowledge that particular features of the Services may change from time to time, with or without prior notice.
You agree that the software and systems through which 247 Live Support Rep delivers the Services are proprietary to 247 Live Support Rep and shall in all events remain the exclusive property of 247 Live Support Rep.
After sign-up, you'll receive credentials (i.e., a username and password) with which you can access the Services and/or various features associated with the Services (e.g., the written messages that 247 Live Support Rep agents take on your behalf) (your "Credentials"). You acknowledge that it is your sole responsibility to safeguard your Credentials from unauthorized disclosure or use, and you authorize 247 Live Support Rep to provide access to the Services to any person who presents your Credentials.
247 Live Support Rep may offer integrations with various other products and services, some of which require separate credentials to access. In the event you provide your Credentials to any other product or service, you authorize 247 Live Support Rep to use those credentials and to access and use the account(s) with which they are associated and any data contained therein for any purpose reasonably related to 247 Live Support Rep's provision of the Services.
In order to deliver the Services, 247 Live Support Rep needs your permission to perform various tasks with the calls and messages that it handles on your behalf. Accordingly, you agree that 247 Live Support Rep may: (i) patch calls from third parties to you to the telephone number(s) that you provide to 247 Live Support Rep for those purposes. (ii) create and maintain written records of messages from third parties to you that 247 Live Support Rep takes on your behalf. (iii) send notifications that include the contents of, and other information related to, such messages to the email address(es) and/or telephone number(s) that you provide to 247 Live Support Rep for those purposes. (iv) collect, store, and use for business purposes whatever personal or business information you provide to 247 Live Support Rep in connection with the Services. (v) listen to and record your voice while using or interacting with the Services. (vi) contact you using the email address(es), telephone number(s), and any other contact information you provide to 247 Live Support Rep. (vii) take all other steps that are reasonably necessary in order for 247 Live Support Rep to deliver the Services.
You agree to inform 247 Live Support Rep immediately and in writing if any of your email address(es) or telephone number(s) should no longer receive patched calls or message notifications; you acknowledge that, unless and until you do so, 247 Live Support Rep will continue to patch calls and/or send such notifications to the email address(es) and/or telephone number(s) that you previously provided for those purposes.
You further agree to obtain, and acknowledge that you are solely responsible for obtaining, each of the permissions described above from your employees, agents, and all other persons who use or interact with the Services in any way on your behalf. Similarly, you agree to obtain, and acknowledge that you are solely responsible for obtaining, each of the permissions described above from third parties who use or may use the Services to communicate with you.
You agree to access and use the Services solely for lawful business or professional purposes and to abide by 247 Live Support Rep's policies regarding the use of the Services, as those policies may change from time to time. You further agree not to sell, transfer, license, or otherwise make available the Services to any third person without 247 Live Support Rep's prior written consent. You acknowledge that particular features of the Services may change from time to time, with or without prior notice.
You agree that the software and systems through which 247 Live Support Rep delivers the Services are proprietary to 247 Live Support Rep and shall in all events remain the exclusive property of 247 Live Support Rep.
After sign-up, you'll receive credentials (i.e., a username and password) with which you can access the Services and/or various features associated with the Services (e.g., the written messages that 247 Live Support Rep agents take on your behalf) (your "Credentials"). You acknowledge that it is your sole responsibility to safeguard your Credentials from unauthorized disclosure or use, and you authorize 247 Live Support Rep to provide access to the Services to any person who presents your Credentials.
247 Live Support Rep may offer integrations with various other products and services, some of which require separate credentials to access. In the event you provide your Credentials to any other product or service, you authorize 247 Live Support Rep to use those credentials and to access and use the account(s) with which they are associated and any data contained therein for any purpose reasonably related to 247 Live Support Rep's provision of the Services.
In order to deliver the Services, 247 Live Support Rep needs your permission to perform various tasks with the calls and messages that it handles on your behalf. Accordingly, you agree that 247 Live Support Rep may: (i) patch calls from third parties to you to the telephone number(s) that you provide to 247 Live Support Rep for those purposes. (ii) create and maintain written records of messages from third parties to you that 247 Live Support Rep takes on your behalf. (iii) send notifications that include the contents of, and other information related to, such messages to the email address(es) and/or telephone number(s) that you provide to 247 Live Support Rep for those purposes. (iv) collect, store, and use for business purposes whatever personal or business information you provide to 247 Live Support Rep in connection with the Services. (v) listen to and record your voice while using or interacting with the Services. (vi) contact you using the email address(es), telephone number(s), and any other contact information you provide to 247 Live Support Rep. (vii) take all other steps that are reasonably necessary in order for 247 Live Support Rep to deliver the Services.
You agree to inform 247 Live Support Rep immediately and in writing if any of your email address(es) or telephone number(s) should no longer receive patched calls or message notifications; you acknowledge that, unless and until you do so, 247 Live Support Rep will continue to patch calls and/or send such notifications to the email address(es) and/or telephone number(s) that you previously provided for those purposes.
You further agree to obtain, and acknowledge that you are solely responsible for obtaining, each of the permissions described above from your employees, agents, and all other persons who use or interact with the Services in any way on your behalf. Similarly, you agree to obtain, and acknowledge that you are solely responsible for obtaining, each of the permissions described above from third parties who use or may use the Services to communicate with you.
You will incur the monthly charge(s) associated with the plan you've selected for each whole or partial month during which this Agreement remains in effect, plus any applicable taxes, duties, or other additional payments required by law, which you authorize 247 Live Support Rep to collect from you. You are responsible for the full and on-time payment of all charges invoiced to you.
This Agreement will continue on a month-to-month basis until you or 247 Live Support Rep terminates it in accordance with this paragraph. This Agreement will be in effect for a minimum period of 90 calendar days. Following that period, either you or 247 Live Support Rep may terminate this Agreement at any time, for any or no reason, upon written notice to the other party. Notwithstanding any of the foregoing, 247 Live Support Rep may terminate this Agreement at any time if, in its sole discretion, it determines that you have violated any provision of this Agreement or 247 Live Support Rep's policies regarding the use of the Services, as those policies may change from time to time.
Notwithstanding any of the foregoing, the parties expressly acknowledge that the provisions of the following sections ("DISCLAIMER OF WARRANTIES, REMEDIES, AND INDEMNIFICATION" and "MISCELLANEOUS") will survive the termination of this Agreement, and that the termination of this Agreement will not be deemed to extinguish or construed as a waiver of 247 Live Support Rep's right to enforce any obligation that arose during the term of this Agreement.
Upon termination of this Agreement by either party as contemplated above, you will be charged and responsible for paying a prorated amount of monthly fees and charges for the month of termination, up to the point at which this Agreement is terminated. Upon termination of this Agreement for any reason, you shall immediately pay to 247 Live Support Rep all of 247 Live Support Rep’s outstanding unpaid invoices and interest.
Notwithstanding any of the foregoing, the parties expressly acknowledge that the provisions of the following sections ("DISCLAIMER OF WARRANTIES, REMEDIES, AND INDEMNIFICATION" and "MISCELLANEOUS") will survive the termination of this Agreement, and that the termination of this Agreement will not be deemed to extinguish or construed as a waiver of 247 Live Support Rep's right to enforce any obligation that arose during the term of this Agreement.
Upon termination of this Agreement by either party as contemplated above, you will be charged and responsible for paying a prorated amount of monthly fees and charges for the month of termination, up to the point at which this Agreement is terminated. Upon termination of this Agreement for any reason, you shall immediately pay to 247 Live Support Rep all of 247 Live Support Rep’s outstanding unpaid invoices and interest.
EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT, 247 LIVE SUPPORT REP FURNISHES THE SERVICES "AS IS", WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In particular, but without limiting the foregoing, 247 Live Support Rep cannot and does not warrant that it will have sufficient resources to handle unexpected increases in call volumes, that the Services will be error-free, or that the Services will operate without delays or interruptions; 247 Live Support Rep expressly disclaims any and all warranties to that effect.
247 LIVE SUPPORT REP'S ENTIRE LIABILITY ON ALL CLAIMS OF ANY NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE LIMITED, IN THE AGGREGATE, TO THE AMOUNT PAID BY YOU TO 247 LIVE SUPPORT REP OVER THE TWELVE (12) MONTHS PRECEDING THE EVENT(S) GIVING RISE TO SUCH CLAIMS.
IN NO EVENT SHALL 247 LIVE SUPPORT REP BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOST REVENUE, OR LOSS OF GOODWILL) ON ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES. THE PARTIES EXPRESSLY ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
You agree to indemnify, defend, and hold harmless 247 Live Support Rep from and against any and all claims, losses, demands, liabilities, costs, and expenses suffered or incurred by 247 Live Support Rep as a result of, or in connection with, any third party claim or cause of action against 247 Live Support Rep (including, but not limited to, all legal fees and costs incurred in defending against such claim or cause of action) where the claim or cause of action was or is alleged to have been caused, in whole or in part, by any wrongful act or omission by you, your employee(s), or your other agent(s), including, without limitation, any breach of this Agreement.
247 LIVE SUPPORT REP'S ENTIRE LIABILITY ON ALL CLAIMS OF ANY NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE LIMITED, IN THE AGGREGATE, TO THE AMOUNT PAID BY YOU TO 247 LIVE SUPPORT REP OVER THE TWELVE (12) MONTHS PRECEDING THE EVENT(S) GIVING RISE TO SUCH CLAIMS.
IN NO EVENT SHALL 247 LIVE SUPPORT REP BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOST REVENUE, OR LOSS OF GOODWILL) ON ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES. THE PARTIES EXPRESSLY ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
You agree to indemnify, defend, and hold harmless 247 Live Support Rep from and against any and all claims, losses, demands, liabilities, costs, and expenses suffered or incurred by 247 Live Support Rep as a result of, or in connection with, any third party claim or cause of action against 247 Live Support Rep (including, but not limited to, all legal fees and costs incurred in defending against such claim or cause of action) where the claim or cause of action was or is alleged to have been caused, in whole or in part, by any wrongful act or omission by you, your employee(s), or your other agent(s), including, without limitation, any breach of this Agreement.
This Agreement supersedes all previous agreements between you and 247 Live Support Rep, in whatever form, and (except for terms describing the monthly charges, overage charges, and allotted monthly minutes associated with the plan you've selected) constitutes the final and entire agreement between you and 247 Live Support Rep regarding this Agreement's subject matter. The parties expressly acknowledge that no implied terms shall be inserted into this Agreement. You acknowledge and agree that all promises, representations, statements, and other information that wholly or partly induced you to enter into this Agreement are contained expressly herein.
247 Live Support Rep shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, which shall not alter the parties’ rights and obligations under the Agreement. In the event that 247 Live Support Rep deems such a change to be necessary, 247 Live Support Rep shall promptly notify you of the change.
In delivering the Services, 247 Live Support Rep shall act solely as an independent contractor, and nothing in this Agreement shall be construed to create any partnership, joint venture, fiduciary, or employment relationship between you and 247 Live Support Rep or any of 247 Live Support Rep's employees or other agents.
A failure or delay by either party to enforce any term of this Agreement shall not constitute a waiver of that party's right to enforce that term or any other term of this Agreement. The provisions of this Agreement may be amended or waived only in a writing signed or otherwise approved by 247 Live Support Rep. The provisions of this Agreement are severable, and if any provision hereof is held to be invalid, illegal, or unenforceable in any respect, it shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall not be affected thereby and shall remain in full force and effect. 247 Live Support Rep may assign this Agreement without prior notice.
247 Live Support Rep shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, which shall not alter the parties’ rights and obligations under the Agreement. In the event that 247 Live Support Rep deems such a change to be necessary, 247 Live Support Rep shall promptly notify you of the change.
In delivering the Services, 247 Live Support Rep shall act solely as an independent contractor, and nothing in this Agreement shall be construed to create any partnership, joint venture, fiduciary, or employment relationship between you and 247 Live Support Rep or any of 247 Live Support Rep's employees or other agents.
A failure or delay by either party to enforce any term of this Agreement shall not constitute a waiver of that party's right to enforce that term or any other term of this Agreement. The provisions of this Agreement may be amended or waived only in a writing signed or otherwise approved by 247 Live Support Rep. The provisions of this Agreement are severable, and if any provision hereof is held to be invalid, illegal, or unenforceable in any respect, it shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall not be affected thereby and shall remain in full force and effect. 247 Live Support Rep may assign this Agreement without prior notice.