Call On Me hereby agrees to provide various Telecommunications Services to Client pursuant to the Terms and Conditions set forth herein and in the Service Agreement.
- Live Receptionist Subscription Services
- Live Chat Subscription Services
- Data Processing Agreement
These Terms and Conditions (“Terms”) are a binding agreement between you and Call On Me that govern your access to and use of our website, live receptionist services (including our related web portal and mobile application), live chat services, and any other products or services provided by us to you that link to these Terms (collectively, the “Services”). By accessing, using, or purchasing any Services, you agree to these Terms.
If you are accessing, using, or purchasing any of the Services on behalf of a third party (e.g., a legal entity or organization, such as your employer, customer/client, or professional association), you represent and warrant that you have the authority to bind that third party, and you accept these Terms on your own behalf and on behalf of that third party. In that case, “you” and “your” refers to both you and that third party.
These Terms contain a binding arbitration provision and class action and jury trial waiver. Please read the arbitration notice below carefully, as it governs the disputes between you and Call On Me. By agreeing to these Terms, you waive your right to participate in a class-action lawsuit or class-wide arbitration and your right to a jury trial.
In order to use and access the Services, you must be at least 18 years old, and you must have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also represent that any information you submit to us or the Services is true, accurate, complete, and lawful. You may not use or access the Services if we have previously suspended or removed you from the Services, or if your registration or your use of the Services is not in compliance with any and all applicable laws or these Terms. Also, you may not use the Services if your use would cause us to violate any applicable laws or regulations.
To access some of the Services, you might need to create an account and password (“Account Credentials”). You cannot share, transfer, or assign your Account Credentials, and any attempted transfer or assignment is void. You are solely responsible for maintaining the accuracy, truthfulness, completeness, and confidentiality of, and you agree to accept responsibility for all activities that occur under, your Account Credentials. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you agree to immediately notify us.
You may be liable for any losses we or others incur as a result of unauthorized use of your Account Credentials. We may, in our sole discretion, for any or no reason, and without penalty or notice, deny, suspend, or terminate your account, or discontinue providing access to all or any part of the Services. If we terminate your account or your right to use the Services, you agree that we will not be liable to you or any third party for any such termination. You may terminate these Terms at any time going forward by discontinuing use of all parts of the Services.
From time to time, and at any time, we may modify these Terms. If you continue to access and use the Services after such changes are effective, you acknowledge and agree to such modifications.
Live Receptionist Subscription Services
This section governs your use and purchase of our virtual receptionist subscription services (“Live Receptionist Services”) and live chat subscription services (“Live Chat Services”). These Terms refer to the Live Receptionist Services and the Live Chat Services individually as a “Subscription Service,” and together as the “Subscription Services.”
Call On Me’s Subscription Services are intended for use in the United States. Standard Live Receptionist Services are available during normal business hours: 8am-5pm MST. Standard Subscription Services are unavailable during the following U.S. holidays: Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Black Friday, Christmas Day, and New Year’s Day. Office and answering hours will be limited to 8 am – 12 pm MST on the following days: Thanksgiving Eve, Christmas Eve, and New Year’s Eve.
Subscription Term and Automatic Renewal
All Subscription Services (including Live Receptionist Pricing Plans and Custom Pricing Plans and Live Chat Pricing Plans) are month-to-month and automatically renew on a monthly basis. If you do not want your Subscription Services to renew at the end of the current subscription term, you must contact us at least 30 days before your subscription is set to renew and notify us of cancellation.
Cancellations and Refunds
During the first 30 days of a paid Subscription Service, you can cancel your paid subscription at any time. After the first 30 days of your paid Subscription Service, you must provide us with at least 30 days’ advance notice of your request to cancel the Subscription Service. Your cancellation will be effective at the end of the billing cycle during which the 30-day notice period expires. We do not prorate subscription fees, and you will remain responsible for paying for all Subscription Services that you receive prior to the effective date of termination. For the avoidance of doubt, this means that if you used any Overage Minutes or Overage Chats or incurred any additional fees during the last month of your Subscription Services for which you did yet pay, we may still bill you for those additional charges after termination.
Because of the nature of the Services, we enforce a strict no refund policy. Once you make a payment for the Subscription Services, Call On Me has no obligation to provide you a refund for any reason. That said, we want you to be happy with our Services, so please don’t hesitate to reach out to us if you are dissatisfied with the Services. We will work with you to see if we can make it right.
After your 14 day trial period if you chose to continue your services, you will be automatically billed based on the plan you chose.
Live Receptionist Services Terms
Live Receptionist Free Trial
Call On Me offers first-time Live Receptionist customers the opportunity to sign up for a 14-day free trial solely for purposes of evaluating the Live Receptionist Services. You can initiate a free trial by calling us and completing setup of your trial account. The 14-day free trial is limited to 500 Receptionist Minutes (as defined below). If you exceed 500 Receptionist Minutes during your free trial, you may continue to use the Live Receptionist Services on a paid-subscription basis.
Upon conclusion of your free trial, you will lose access to the Live Receptionist Services unless you register for a paid subscription under a Live Receptionist Pricing Plan (described below) or a Custom Plan. After your 14 day trial period if you chose NOT to continue your services, you will be automatically billed a 1.75$ per minute used fee.
Live Receptionist Fees and Pricing Plans
All Live Receptionist paid subscriptions incur a one-time setup fee of $95.00 (“Live Receptionist Setup Fee”) which will be charged to your first paid billing cycle. If you have signed up for a free trial, the Live Receptionist Setup Fee will only be charged after the expiration of your free trial and if you continue with a paid subscription. The Live Receptionist Setup Fee only applies to setup of the Live Receptionist Services and cannot be combined or credited against any other setup fees (e.g., for Live Chat).
We offer paid subscriptions for the Live Receptionist Services under the following pricing plans (“Live Receptionist Pricing Plans”):
|Business Starter||Business Development||Advanced Business Plan|
included in Plan
|Overage rate (applies if
you exceed the number
of Receptionist Minutes
included in your Plan)
Our Live Receptionist Pricing Plans are based on billing units that we call “Receptionist Minutes.” Receptionist Minutes are billed and calculated in 30-second increments. All calls are rounded up to the nearest 30-second mark. As an example, if a call is ten seconds long, it will be rounded up to the nearest 30-second mark and billed as 30 seconds (or half of a Receptionist Minute).
For inbound calls, Receptionist Minutes are calculated starting 4 seconds after the call rings into our system and is answered, excluding any potential hold time, and ending when a Call On Me receptionist transfers the call through to someone, or to voicemail, or otherwise disconnects because the call is over.
For outbound calls, Receptionist Minutes are calculated starting from the time the Call On Me receptionist initiates the outbound call, and ending when the Call On Me receptionist disconnects because the call is over. For purposes of calculating Receptionist Minutes for outbound calls, all time that a Call On Me receptionist spends connecting or connected on a call will be included, including time waiting for the caller to pick up or for the call to connect, dialing wrong numbers (if incorrect contact information is provided by a client), and time spent leaving a voicemail (if applicable).
Any telephone number assigned to you by Call On Me shall remain the property of Call On Me. Any telephone number ported to Call On Me by you shall remain your property. Call On Me will allow you to port away from the telephone numbers, so long as you have an account in good standing and, for numbers assigned to you by Call On Me, you have been assigned the number more than thirty (30) days prior to the port-away date.
Billing and Payments
When you make a purchase on the Services, you agree to pay the applicable fees in effect at the time of your purchase. You agree to use a valid and authorized payment method, and you represent and warrant that you are authorized to provide and use any payment method information that you provide to us. If Call On Me is unable to obtain payment for a purchase that you received from us (e.g., if your payment method fails or we receive a chargeback), you agree to pay us the corresponding fees within ten (10) days of notification from us. We reserve the right to terminate your access to any products or services for which we have not received adequate payment.
Your paid subscription services will begin on the day following the expiration of your free trial for each relevant Subscription Service. The day of the month that you first start paying for any Call On Me Subscription Service will become your “Billing Date.” Every month on the Billing Date, we will charge your payment method (i.e., your credit, debit card, or checking account) for the next month’s Monthly Subscription Fees and any applicable one-time fees (e.g., the Setup Fee(s)). At the end of each subscription month, we will also calculate and bill you for any Overage Receptionist Minutes or Overage Engaged Chats that you used during that month.
All payments must be received by Call On Me no later than 10 days after the applicable Billing Date. You must, at all times, maintain a valid payment method on file with Call On Me. You hereby authorize Call On Me to debit your payment method to satisfy any and all amounts due to Call On Me.
If we do not receive full payment within 30 days of the Billing Date, you will be considered to be in material default of this Agreement, and Call On Me will have the right to immediately terminate service without waiving the right to collect any and all amounts then due plus all Late Charges that may accrue thereafter.
If you need to change your Billing Date, please contact us.
Any payment(s) not received within 10 days of the Due Date, are subject to a late charge equal to 5% of the amount then due (“Late Charge”).
Call On Me reserves the right to change the prices and fees for the Services at any time. We will notify you of any changes before they take effect, and any changes to prices or fees will become effective for your next billing cycle. You must cancel your Subscription Services before they renew if you disagree with any price or fee changes.
If you provide data, content, information, or materials (but excluding your Feedback) to us (“Your Content”), it is your responsibility to ensure that you have all necessary rights and licenses to share Your Content with us. You represent and warrant that Your Content is accurate, truthful, and lawful; does not violate applicable laws or infringe, violate, or misappropriate the rights of any third party; and that its use by Call On Me as necessary to deliver the Services to you does not infringe, violate, or misappropriate the rights of any third party. You grant Call On Me a worldwide, revocable, royalty-free, right and license to use, reproduce, distribute, modify, post, display, perform and transmit Your Content to provide the Services to you.
Term and Termination
You may terminate these Terms at any time by providing written notice to Call On Me and ceasing all use of the Services, except that, notwithstanding the foregoing, these Terms will remain in effect as long as you have an active subscription to our Receptionist Services. We may suspend, terminate, or deny you access to the Services for any reason or no reason, with or without notice to you. Upon termination of these Terms, all licenses granted herein will automatically terminate.
It is your sole responsibility to retain backup copies of any of Your Content that you upload, share, or provide to the Services. If we suspend or terminate your access to the Services, we have no obligation to provide you with any further access to Your Content, and we may delete or destroy your account information and/or Your Content immediately and without notice to you.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including without limitation, Intellectual Property, Disclaimer, Limitation of Liability, Indemnification, Arbitration and Dispute Resolution, and Miscellaneous.
Acceptable Use Policy
You may not engage in any of the following on or using the Services:
- Reproducing, duplicating, copying, selling, reselling, publishing, uploading, posting, transmitting, distributing, or otherwise exploiting for any purpose, any portion of, the functionality of, or access to the Services;
- Selling or renting any part of the Services Materials, any derivative works based in whole or in part on the Services Materials, or any collective work that includes any part of the Services Materials;
- Using the Services in violation of any and all applicable laws, rules, and regulations, or in connection with pornographic, offensive, or obscene subject matter;
- Reverse engineering, modifying, altering (including by removing or disabling any security or technological safeguards, disclaimers, or legends), any portion of, the functionality of, or access to the Services;
- Deleting or modifying our Trademarks or the copyright or other proprietary rights notices on the Services;
- Removing, circumventing, disabling, damaging, or otherwise interfering with security-related features of the Services, features that prevent or restrict use or copying of any Services Materials, or features that enforce limitations on the use of the Services and Services Materials; or
- Intentionally interfering with or damaging the operation of the Services or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Any violation of these Terms may result in the immediate termination of your account, use, or access to the Services.
Call On Me will use reasonable care to maintain the confidentiality of your confidential information provided to us in the course of providing the Services. Call On Me will not disclose or use such confidential information, except as authorized by you or otherwise compelled by law. Your confidential information shall not include any information in the public domain through no fault of Call On Me, or information received from a third party having the right to transfer such information.