Answerphone, A Better Answer — Terms of Service
These Terms of Service (“Terms”) are a binding agreement between Answerphone, Inc., operating the website abetteranswer.net (“A Better Answer,” “we,” “us,” or “our”), and each customer or user (“Customer,” “you,” or “your”). By using our answering and receptionist services, related messaging and call-handling features, and any associated websites or applications (collectively, the “Services”), you agree to these Terms.
Services
We provide live telephone answering, message taking, call transfer, basic intake, and related receptionist functions per your instructions (“Scripts”) and your selected plan. We do not provide emergency services (e.g., 911) and the Services must not be relied upon for life-safety or time-critical emergencies.
Your Responsibilities
a) Provide accurate contact info, Scripts, escalation paths, and any integrations or forwarding numbers you control.
b) Lawful use only. You will not use the Services to send unlawful, deceptive, or abusive communications; to harass; to violate privacy/consumer-protection/telemarketing laws; or to infringe third-party rights.
c) Email & SMS compliance. If we send email or SMS on your behalf, you must follow industry best practices and applicable acceptable-use policies (including our providers’ AUPs), maintain working unsubscribe/opt-out mechanisms, and send only to recipients who have provided appropriate consent.
d) Sensitive/regulated data. Do not ask us to collect or store payment card data, government ID numbers, or protected health information unless we have a separate executed written agreement covering those controls.
Confidentiality & Data
We treat your messages and caller information as confidential and use them only to deliver the Services or as required by law. See our Privacy Policy for more detail. You are responsible for retaining your own records; we may delete operational logs and messages in the ordinary course of business.
Phone Numbers & Porting
If we assign you a telephone number, it remains our or our supplier’s property. Porting out may be permitted when your account is in good standing and applicable supplier rules are met. Fees or waiting periods may apply.
Billing & Plan Usage
a) Plans bill in advance; overages (minutes, messages, transfers, add-ons) bill in arrears. Taxes and third-party pass-through fees (e.g., carrier surcharges) may apply.
b) You are responsible for monitoring usage against your plan. We may charge overage rates if your usage exceeds plan allotments.
c) Invoices are due upon receipt unless otherwise agreed in writing. Late or failed payments may incur late fees, interest where permitted by law, and suspension of Services.
Term, Changes, and Cancellation
a) Month-to-month unless otherwise stated in an order.
b) You may cancel at any time with written notice; cancellation takes effect at the end of the current billing period unless we confirm an earlier date.
c) We may update these Terms or pricing with notice (email or posting). Continued use after the effective date constitutes acceptance. If you object to material changes, you may cancel before they take effect.
Service Management
We may reasonably adapt call handling to improve service quality or comply with law or carrier policies, and may block or suspend activity we believe violates these Terms, applicable law, or acceptable-use policies of our telecommunications and email providers.
Disclaimers; Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, LOST PROFITS/REVENUE, LOSS OR CORRUPTION OF DATA, OR COSTS OF SUBSTITUTE SERVICES. EXCEPT FOR YOUR PAYMENT OBLIGATIONS, EACH PARTY’S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
Indemnity
You will defend and indemnify us from claims, fines, and costs arising from your Scripts, content, contact lists, instructions, or use of the Services in violation of law or these Terms.
Governing Law & Disputes
These Terms are governed by the laws of the State of New York (without regard to conflicts rules). Exclusive venue for any dispute is state or federal courts located in Albany County, New York, and both parties consent to personal jurisdiction there.
Miscellaneous
Neither party is liable for delays or failures caused by events beyond reasonable control (force majeure). You may not assign these Terms without our written consent; we may assign to an affiliate or in connection with a merger, acquisition, or asset transfer. If any provision is unenforceable, the remainder remains in effect. These Terms, together with any order or plan confirmation and our Privacy Policy, constitute the entire agreement for the Services.
Contact:
Answerphone, Inc. d/b/a A Better Answer
1230 Central Ave, Albany, NY 12205
[email protected]
800-234-8279
