Terms and Conditions
The following information supplements your Service Agreement with Accurate Messages, Inc. and/or Accurate Messages of Florida, 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.
Messages taken on the Subscriber's behalf are retained for a period of twenty-eight (28) days past the invoice date after which they are destroyed.
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 twenty-eight (28) days from the date of recording after which they are destroyed.
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.
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. If the Subscriber is being billed in whole or in part for live operator service then “time basis” as used herein for live operator service means all operator time accumulated when an employee is actively working in your account billed in fifteen second increments. Account maintenance and programming time, as a part of live operator time, is billed in five minute increments. 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 without notice.
Charges are due and payable at Company offices upon receipt. After the date indicated on the front of the 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.
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.
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.