Terms of Use
RELIABLE RECEPTIONIST,
Last Updated February 14, 2024
These Terms of Use (or “Terms”) are a binding contract between the signer (“you”) and Reliable Receptionist, Inc., a California corporation (collectively, “Reliable Receptionist,” “us,” “we,” or “our”).
These Terms, together with our Privacy Notice (https://reliablereceptionist.com/privacy-policy/), govern your use of our (i) telephone receptionist and communications services at published rates provided by us, which may be amended from time to time (ii) chat, visitor tracking, mobile applications, customer portals and dashboards and other software we offer (collectively, the “Software”), (iii) http://www.ReliableReceptionist.com and other websites or online channels we own or operate (collectively, the “Site”), as well as (iv) all applications, platforms, and digital properties we offer through third party platforms (altogether, with the Site and Software, the “Services”). The specific Subscription Membership Plan, privileges and pricing selected by you, which may be attached or as placed via online shopping cart or otherwise is incorporated into and is part of these Terms.
Acceptance
By accessing or using any of our Services, you agree to be unconditionally bound by these Terms. Where the option is made available to you, you may accept the Terms by electronic means or by clicking to accept or agree to the Terms. You must be of legal age and capacity to form a binding contract to accept the Terms. If you do not agree with any of these Terms, do not access the Site or use our Services. If you are using or accessing the Services on behalf of a company or other entity (“Entity”), you represent, agree, and warrant that you are authorized to act on behalf of the Entity and to bind such Entity to these Terms. ACCEPTANCE OF THESE TERMS IS REQUIRED FOR USE OF RELIABLE RECEPTIONIST’S SERVICES AND ANY USE OF RELIABLE RECEPTIONIST’S SERVICES SHALL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS.
Reliable Receptionist reserves the right to revise these Terms by updating the Terms of Use posted to our website without prior notice. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes. You are advised to periodically visit this page to determine the then-current Terms.
Subscriptions. This section governing subscriptions applies to you only if you sign up for a paid subscription plan or another paid Service (in each case as a “Customer”). You agree that your subscription begins the earlier of: either (i) the date of your initial payment; or (ii) the specific date you use the Services, and continues for 3 months and automatically renews every month unless you cancel with 30 days written notice to us. We reserve the right to change our subscription plans, membership plans and other Services offered to Customers or adjust pricing for our Services, membership plans or any components thereof in any manner and at any time. We will give you at least 15 days’ notice via email or otherwise prior to any price change or change to your membership plan.
Notwithstanding anything to the contrary herein, Reliable Receptionist reserves the right to immediately terminate your subscription or refuse to provide our Services if: (i) we suspect that a request from you or your client, customer or caller interacting with us by telephone, text, live chat, or other Software features (in each case, a “Caller”) constitutes or otherwise relates to fraudulent or otherwise illegal activity or to a sexual or otherwise potentially illicit encounter, (ii) you or your Callers are abusive, disrespectful, or otherwise inappropriate to our personnel, (iii) we determine, in our sole discretion, that our Services are not appropriate for your business or purposes, (iv) you fail to pay any invoice on time, or (v) you breach any of these Terms.
Registration. To become a Customer, you must agree to these Terms and provide us with your contact information, and select an available Service. You must maintain a valid email address and phone number on your account at all times. Some Services may not be available to all Customers. You represent and warrant that: (i) you will maintain the accuracy of that information; (ii) you will not do anything that might jeopardize the security of your account; and (iii) you will notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for maintaining the confidentiality of any login and password issued by Reliable Receptionist to you to use the Services, and you are responsible for all activities that occur using your access credentials. Reliable Receptionist reserves the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Telephone Receptionist Fees. We charge Customers fees for telephone receptionist services and related communications services including a non-refundable fixed fee and/or set-up fees due in advance for a subscription plan which includes up to a certain amount of minutes on or before the first day of each monthly billing period and any additional usage beyond what is included in such plan is billed in arrears the following month. Fees are calculated on a monthly basis. Reliable Receptionist reserves the right to release or reassign any telephone numbers we provide for you or you choose not to port back within three months after termination of the applicable subscription.
Software Service Fees. Some of our Software is provided to Customers for free while other Software is provided in exchange for a monthly fee payable by the Customer in advance. Such monthly fee is determined by the level and type of Software Services to which the Customer subscribes.
Usage Fees. Use of telephone receptionist services, software services and other communication services provided by us directly or through third-party platforms may incur usage fees for utilizing a variety of features including inbound and outbound telephone calls, sending and receiving of text messages, email communication, use of artificial intelligence services or other related usage fees (collectively, “Usage Fees”). Such usage fees are documented on our website, within our software systems, in our terms of use, or via a published rate sheet available upon request. Usage fees are subject to change at any time. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes. You are advised to periodically review or request usage fees to determine the then-current usage fees. Certain systems require you to keep a payment method on file and maintain a credit balance against future usage fees. You authorize us to charge such payment methods in regular increments or upon depletion below a certain threshold. Usage fees incurred as a result of your use of the services and not collected in advance will be billed to you in arrears and are due and payable upon request.
Payment Method. To receive the Services, you must maintain a valid payment method (credit or debit card or bank account for automated clearing house transaction) associated with your account. You authorize Reliable Receptionist to charge your payment method for the fees due herein, along with any sales and use taxes and any late fees or interest (as described herein). You represent and warrant that the payment information you provide to us is correct and accurate and you are using a payment method that you are legally authorized to use for this purpose. You agree that you are solely liable for any payment or credit card fraud, abuse, or unauthorized use by you or others. Payments are nonrefundable, and there are no refunds or credits for partially used periods.
Late Payment. If you do not pay on time or if we cannot charge the payment method you have on file for any reason, we reserve the right to either suspend or terminate your access to the Services. In addition, if any payment is not received within 30 days after the due date, then we may charge a late fee of 5% of the outstanding balance per month or the maximum rate permitted by law, whichever is lower, from 30 days after the due date until the date paid. If your unpaid fees are referred to an attorney or collections agency, you shall pay all reasonable attorney’s fees or collections agency fees. Returning Customers must pay any unpaid balance, including any late fees, before receiving Services.
Recordings
Reliable Receptionist may record calls for both quality control and message accuracy. When recording, we will play any required disclosure messages prior to the call. This allows any party to “opt out” out of the recorded call at any time by disconnecting the call or “hanging up”. Some States, Countries, Locales, etc. require “opt in” consent from callers before a recorded call may continue. If Reliable Receptionist will receive or make any calls from or to anywhere requiring “opt in” or other types of consent on your account, it is solely “your” responsibility to ensure that the first question in your “call scripts” (both inbound and outbound) ask all parties being recorded to provide their consent before continuing. Call Scripts may be accessed and viewed by requesting a “web link” to client’s “call script”
Reliable Receptionist shall not be obligated to maintain or keep original or copies of your documents, data, messages, or voice and call recordings. Reliable Receptionist is the owner of all voice and call recordings and shall determine, in our absolute and sole discretion, if and when such recordings will be shared with you or any third party. By making use of the Services, you consent to be recorded in certain circumstances, for example, such as when we announce a call to you. If you wish to “opt-out” of call recordings for your business, you may do so by notifying us in writing.
Communications. Reliable Receptionist may use your contact information to communicate with you about your use of our Services. For example, we may send you service announcements or administrative communications by email, phone, text, mail, or other means. You understand that you receive these communications as part of your use of the Services. By providing us with your wireless phone number, you consent to Reliable Receptionist sending you informational text messages related to the products, Services, or information you have requested from us.
Service Access. Reliable Receptionist will use commercially reasonable efforts to maintain availability of the Services during your subscribed-to Service times. You agree and understand that there will be times when the Services will be unavailable, such as scheduled maintenance times; outages; emergency maintenance; unavailability caused by software, hardware, or other Customers or Callers; and causes beyond our reasonable control. Reliable Receptionist will make commercially reasonable efforts to notify you of planned downtime and unavailability of the Services. Reliable Receptionist is not liable for any delays, interruptions, or other transmission errors resulting from any lack of Service, whether or not the cause is mentioned in this paragraph, or any lack of Service caused by your device or your internet or wireless service provider.
Updates. From time to time, we may, in our sole discretion, develop and provide updates to our Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may modify or delete certain features or functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when an internet-connected device is connected to the internet, either (i) the Services will automatically download and install all available Updates or (ii) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that our Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to these Terms.
Third Party Software. Some of the Services may be available through or integrated with third party software, applications, or platforms (“Third-Party Software“). In some cases, Reliable Receptionist may offer the Services using Third-Party Software, or you as a Customer may choose to integrate our Services with a Third-Party Software of your choosing. You are solely responsible for your use of the Services with any Third-Party Software. You understand and agree that: (i) the Third-Party Software may have its own terms and conditions of use and privacy policies, and you agree to use the Third-Party Software in accordance with all applicable terms and conditions and privacy policies; (ii) Reliable Receptionist does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Software or for any transaction you may enter into with the provider of any such Third-Party Software; and (iii) Reliable Receptionist does not warrant the compatibility or continuing compatibility of the Third-Party Software with our Services. Without limiting the generality of the foregoing, you understand and agree that if you use the Services to receive payments from Callers or other third parties, such payments are processed via a Third-Party Software payment processor and your use of the payment processor service is subject to the third party’s terms and conditions and privacy practices. Please review such terms and conditions and privacy notice before using those services.
License Grant. You have a revocable, non-transferable, non-exclusive license to access the Site, and, if you are a Customer, you have a revocable, non-transferable, non-exclusive license to use the Software and/or other Services to which you subscribe, in each case as set forth in these Terms.
Customer Responsibility for End Users. If you are a Customer, you agree to: (i) be responsible for compliance with these Terms by all of your employees, contractors, agents and other end users accessing or using the Services by, through or in connection with these Terms. (collectively, the “End Users”); (ii) ensure that each End User agrees to our Privacy Notice and these Terms and consents to the collection; (iii) be responsible for the accuracy and lawful collection and use of any data, including personal information of End Users or other individuals, that is provided to Reliable Receptionist or input to the Services by you as a Customer and all of your End Users; (iv) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and notify Reliable Receptionist promptly of any unauthorized access or use; and (v) use, and ensure that your End Users use, the Services only in accordance with these Terms and all applicable law.
Covered Entities. You understand and agree that if you are a Customer and a covered entity under HIPAA, it is your responsibility to ensure that you have executed and at all times comply with HIPAA.
User Content. Site visitors and users of our other Services may have the opportunity to publish, transmit, submit or otherwise post comments, Feedback, photos, or other user content via the Services (“User Content”) that may be accessible and viewable by the public or others. You represent that: (i) you created and own the rights to, or you have the owner’s express permission to post the User Content; and (ii) the User Content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks, rights of publicity or privacy rights) or violate any applicable laws, rules or regulations, these Terms, or any of our other posted policies. You are solely responsible for your User Content and the consequences of posting it online.
Proprietary Rights. Unless otherwise expressly indicated, the information contained on our Services, including but not limited to all images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, written information and screens appearing in the Services, and other materials, as well as names, logos, taglines, trade dress, and other trademarks, on the Site or in our other Services, are copyrights, trademarks, trade dress or other intellectual property (collectively, the “Contents”) owned, controlled, or licensed by Reliable Receptionist or its affiliates, or are the property of their respective owners.
Feedback. You may from time-to-time provide us materials, communications, suggestions, comments, improvements, ideas or other feedback related to the Site or our Services (“Feedback”). You hereby additionally grant us all rights, titles and interests in and to any Feedback you provide.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. RELIABLE RECEPTIONIST MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR RELATING TO THE AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. RELIABLE RECEPTIONIST DOES NOT WARRANT THAT THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY RELIABLE RECEPTIONIST SHALL CREATE A WARRANTY WITHOUT A WRITING SIGNED BY RELIABLE RECEPTIONIST REFLECTING THE CREATION OF SUCH WARRANTY.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RELIABLE RECEPTIONIST BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF LIABILITY – WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), AGENCY, WARRANTY, STATUTE, OR OTHERWISE – FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, HOWEVER ARISING, EVEN IF RELIABLE RECEPTIONIST KNEW OR SHOULD HAVE KNOWN THAT THERE WAS A POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT SHALL RELIABLE RECEPTIONIST BE LIABLE TO YOU FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE AGGREGATE OF THE FEES PAID BY YOU TO RELIABLE RECEPTIONIST FOR SERVICES DURING THE THREE MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY OR, IF NO FEES WERE PAID DURING SUCH THREE-MONTH PERIOD, ONE HUNDRED US DOLLARS ($100), IN EACH CASE, WHETHER OR NOT RELIABLE RECEPTIONIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD RELIABLE RECEPTIONIST, OUR AFFILIATES AND SUBSIDARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, PARTNERS, SHAREHOLDERS, AGENTS, INDIVIDUALS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY DIRECT OR THIRD- PARTY CLAIMS, LOSSES, LIABILITIES, COSTS, EXPENSES, DAMAGES, OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES DUE TO, RELATING TO, OR ARISING OUT OF (I) YOUR ACCESS TO OR USE OF THE SERVICES IN VIOLATION OF OUR TERMS; (II) OUR PROVISION OF THE SERVICES; (III) YOUR USER GENERATED MATERIAL; (IV) YOUR BREACH OR ALLEGED BREACH OF ANY REPRESENTATIONS OR WARRANTIES MADE BY YOU HEREUNDER OR YOUR VIOLATION OF ANY OTHER PROVISION OF THESE TERMS; OR (V) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, RELIABLE RECEPTIONIST MAY SELECT ITS OWN LEGAL COUNSEL TO REPRESENT ITS INTERESTS WHEN DEFENDING AGAINST DIRECT OR THIRD-PARTY CLAIMS OR DEMANDS, AND YOU MUST (A) REIMBURSE RELIABLE RECEPTIONIST FOR ITS COSTS AND ATTORNEYS’ FEES IMMEDIATELY UPON REQUEST AS THEY ARE INCURRED, AND (B) REMAIN RESPONSIBLE TO RELIABLE RECEPTIONIST FOR ANY LOSS, LIABILITY, COST, EXPENSE, CLAIM, DAMAGES, OR DEMAND IDENTIFIED IN THIS SECTION.
Dispute Resolution. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES, AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You agree that any dispute, controversy or claim between you and Reliable Receptionist arising out of or relating to: (i) these Terms, or the breach thereof; (ii) our provision of the Services; (iii) your access to or use of the Services; or (iv) any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy or claim, a “Dispute”) will be governed by the arbitration procedure outlined below.
Informal Dispute Resolution. Before filing a claim against Reliable Receptionist, you agree to try to resolve the Dispute informally by contacting Reliable Receptionist. Reliable Receptionist will contact you by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, you or Reliable Receptionist may bring a formal proceeding.
Arbitration Agreement. You and Reliable Receptionist each agree to resolve any Disputes through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Walnut Creek, California. The AAA rules will govern payment of all arbitration fees. Notwithstanding the foregoing, either you or Reliable Receptionist may assert claims, if they qualify, in small claims court in Contra Costa, California. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of our Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
Governing Law. These Terms is entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Contra Costa in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorney's fees.
Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim, or cause of action will be barred forever.
Assignment. You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent, but Reliable Receptionist may freely assign or transfer these Terms without restriction.
Entire Agreement. Except as otherwise stated herein, these Terms and the agreements incorporated by reference herein constitute the entire and exclusive understanding and agreement between Reliable Receptionist and you regarding the Services and supersede and replace any and all prior oral or written understandings or agreements between Reliable Receptionist and you regarding the Services.
Waiver; Severability. Reliable Receptionist’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Except as expressly set forth herein, the exercise by either Party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
Notices. Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given via email to your email address on your account or by posting to the Services. Notices from you to Reliable Receptionist will be given via email to [email protected] or to the mailing address posted on the Site. For notices made by email, the date of receipt on the message will be deemed the date on which such notice is transmitted.