Billing Policy
Invoices are mailed every four (4) weeks and include base service fees in advance, plus any usage charges for the previous 28 days. Service beginning during a billing cycle will be pro-rated.
Payment Policy
Payment is due each billing period by the "due date" on the face of the invoice. Payments not made by the due date are considered past due. Past due balances, are subject to a service charge of 2% per billing cycle ($10.00 minimum). In addition, Michigan Message Center (MMC) may without notice interrupt or terminate service if payment is not made within six weeks. Such interruption or termination does not relieve the Client of the responsibility for all accrued charges. The Client shall be liable for all collection fees, attorney's fees, and other costs incurred in the collection of moneys due MMC.
Termination Notice
MMC will provide to the Client, the telephone answering, voice messaging or associated services listed on this invoice until canceled by MMC or until canceled by the Client. Service is rendered on a four-week basis, unless a long-term contract has been signed. No credits will be given for termination during the course of a billing cycle. MMC reserves the right to terminate service without cause, upon written notification.
Limitation of Liability
MMC shall not be liable for any acts, errors, or omissions by it or its employees or agents, except for conduct, which is adjudicated, to be grossly negligent or intentional. MMC'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 MMC to or on behalf of the Client shall not exceed the fees and costs payable by the client to the Answering Service for the payment period in which the conduct giving rise to the claim took place. Notwithstanding the above, in no event shall the MMC 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, or problems with or the interruption of telephone service.
Indemnification
The Client agrees to defend, indemnify and hold MMC 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 MMC 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
Legal & Ethical Business Practices
It is MMC's expectation and understanding that the Client is conducting a legal and ethical business activity. Notwithstanding, MMC will cooperate fully with any law enforcement investigation of the Client. Furthermore, Client authorizes MMC to do so. In the event that Client asks MMC to behave in an illegal, unethical, or questionable manner, or MMC believes Client may be causing MMC to do so, MMC will immediately suspend any and all services to Client until the matter can be resolved to MMC's complete satisfaction.
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 MMC, other than those items furnished by the Client to MMC, shall be considered the sole and exclusive property of MMC and shall be retained by MMC upon the termination of this Agreement.
Retention of Orders and Messages
Orders and messages taken by MMC staff, on behalf of the Client, are only accessible to the Client for 7 days after delivery. Client may, for a fee, make arrangements for extended storage time.
Monitoring and Recording of Calls
MMC monitors and or records all system inbound and outbound calls for quality assurance purposes.
Telephone Company Authorization
As a client of MMC, you authorize and give permission to MMC to act on your behalf when dealing with the Telephone Company on matters relevant to services offered by MMC. This may include ordering circuits and features, changing or canceling services, and or initiating repair calls. This permission is granted as long as you remain a client of MMC.
Acceptance of Terms and Conditions
Unless you notify MMC in writing, your continued use of MMC services will constitute your acceptance of and agreement to these Terms and Conditions of Service. Michigan Message Center, 341 W. Lovell, Kalamazoo, MI 49007. 800-937-5996
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