Contractual Agreement Review

Please review the following contractual agreement. If you agree to the terms and would like one of our Sales Representatives to contact you about setting up an account, please click on the link to return you to our Service Request Form found at the bottom of this page. Please complete the Service Request Form and one of our professional sales representatives will contact you about your specific needs. Please allow up to 48 hours for a response when using the Service Request Form.  For faster service, please call our sales line or e-mail us.

I hereby agree to each and all of the terms contained in all pages of this agreement and acknowledge receipt of service and/or equipment and warrant that they are intended for my/our legal and proper use. I understand that this agreement is valid for 10 days from the date prepared, unless it is put into force by the signing and dating from representatives of both parties. I personally agree to pay all fees and costs to AnswerFirst, billed or incurred for the provided services, interest, collections costs, attorney fees, equipment leases, setup fees, account maintenance fees and/or deposits, upon receipt of statement or invoice. I further authorize AnswerFirst to investigate my credit history and exchange information regarding my credit history with other concerned parties. I have read and understand all of the terms contained in each of the pages of this “Agreement for Service”. Any questions I have, have been answered to my complete satisfaction and understanding.

1. “SP” shall mean and include service provider, AnswerFirst Communications, Inc., Tampa, FL., “Seller”, its agents, other company divisions, its officers, directors and employees. “You” shall mean and include “Buyer”, “Subscriber”, “Customer”, its employees, agents, officers, directors and their users of SP’s services.

2. Any and all liability of SP shall be limited to SP’s periodic/standard price charged for the particular service in question. SP receives, dispatches and/or transmits documents and messages as your agent exercising no more than ordinary care. In no event will SP’s liability exceed $500.00 in total for any one or series of instances or occasions. SP is not liable for incidental, consequential or special damages. You agree to indemnify and release SP from all liability for the contents of your messages. SP makes no warranty, whether oral, written, expressed, implied or statutory, including any warranties of fitness of any of the various services for a particular purpose. All “hold harmless” and “indemnification” clauses appearing on your purchase order and on your other writings shall be void as applied against SP.

3. Cellular, Email and Paging transmission service is provided through multiple providers, and such service as well as any other SP service is at all times subject to all rules regulations and any applicable tariffs of the Federal Communications Commission and any other governmental entity. Your access to cellular, email and paging is subject to interruption, delays, errors or defects in transmission, weather and natural phenomena, various types of interference and other causes. In view of the difficulties, which may arise in the transmission of oral messages by telephone, by eavesdropping or interception of data and /or conversations through any and all public communications means (including, but not limited to facsimile, telephone, pager and electronic mail) no liability shall in any case attach to SP and all such risks are assumed by the subscriber should any failure or interception occur.

4. SP shall not be obliged to hold your documents and messages longer than the time parameters set in your voice mail box(es) or 14 days, whichever is less. You assume the risk of service interruptions, equipment breakdowns, delays, errors or defects in transmission or failure to transmit and risk of loss and/or damage to messages. SP shall not be liable for such risks. In addition while SP will make reasonable efforts to maintain reliable and continuous service, there will be some scheduled and nonscheduled downtime, usually for maintenance reasons. SP will not be liable for any claimed damage from such downtime.

5. SP shall treat all messages and client information as confidential with the exception that it shall cooperate with all law enforcement agencies in disclosing whatever information they should require in the performance of their legal duties. You acknowledge that by reason of the relationship with SP you may have access to certain information and materials relating to SP’s business, plans, customers, software/hardware technology and marketing strategies that are confidential and of substantial value to SP; which value would be impaired if such information were disclosed to 3 rd parties. You agree not to use in any way for your own account or for the account of any 3 rd party, nor disclose to any 3 rd party any such information. You further agree to take reasonable precaution to protect the confidentiality of such information. In the event this agreement is terminated, there shall be no use or disclosure by you of any such confidential information and all confidential materials shall be returned to SP or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Any breach shall entitle SP to injunctive relief.

6. You appoint SP to act as your agent to deal with your Local Exchange Carrier and other carriers according to your requests for the purpose of arranging network configurations, ordering service and the like.

7. If SP receives such heavy telephone traffic on your assigned line(s) that access to SP’s services by other SP users becomes impaired, then SP may restrict the number of simultaneous calls allowed into SP.

8. Any and all telephone number(s) supplied by SP for your use shall remain the property of SP. This includes, but is not limited to Toll Free numbers.

9. Subscriber agrees to return to SP all equipment leased or borrowed from SP when due, at the completion of service agreement or relationship, or in the event service is disconnected by SP. Subscriber agrees to forfeit any deposits paid in lieu of any outstanding balances owed to SP.

10. If you are being billed in whole or part for voice mail and/or live operator services on a time basis, then “time basis” as used herein for live operator services means operator time and, for voice mail, it means telephone connect time. Also certain automated functions involving out dial to the network traditionally done by operators may be counted as operator time. If you are not being billed for voice mail or live operator services on a time basis, then your account is subject to additional usage charges and/or rate charges if your usage exceeds norms established by SP. All accounts are subject to billing for account maintenance, wrap and /or update time, as well as fees for research and other update and call tracking fees.

11. After 28 days following any statement & invoice date and except for questions and errors you have notified SP about in writing during the 28-day period, you agree to accept all charges shown thereon as correct. Non-use of a subscribed service does not constitute a basis for credit. You are responsible for insuring that your account information at SP is correct. You are always obligated to pay all parts of your bill that are not in question. Accounts may be canceled only at the end of the billing period. Your cancellation of any SP services must be in writing and in fact received at SP at least 28 days in advance of the cancellation date. Notwithstanding the foregoing, SP shall have the right at any time to discontinue service.

12. Statements and invoices are due and payable within 28 days from invoice date. If your statement or invoice is not promptly paid, then late charges and 18% annum and interest on the unpaid balance from the invoice date may be posted to your account and, in addition SP may terminate service without notice. Reconnection fees may apply. SP may withhold messages and or data from any subscriber who is in arrears of the payment of his/her account. Notwithstanding the foregoing if you are a new subscriber to SP services, then a payment equal to the periodic charge plus any required deposits and/or other advances must be paid on or before initiation of service.

13. At the end of any contract period SP reserves the right to raise your rates in conjunction with annual price increases.

14. Sixty days after termination of SP services, all your unclaimed personal property at SP, both tangible and intangible, shall become property of SP.

15. If SP commences collection proceedings and/or legal action to obtain payment of your account, and prevails then you agree to pay reasonable attorney’s fees, all costs of collection and repossession court costs and 18% interest on the unpaid balance from the invoice date (whether or not such interest is ever posted to any statement & invoice). In addition, you hereby grant SP the right to charge your credit card account on file at SP all amounts due, including but not limited to service and equipment rental charges, interest, bad check costs and charges for lost and damaged equipment.

16. You agree that these terms and conditions shall apply retroactively to the time you first used any SP service.

17. Prior or subsequent writings, waivers, notices and oral agreements between you and SP shall not operate to change or void these provisions, even if they state or could be construed otherwise, unless in writing signed by a duly authorized SP officer. Employees of SP have no authority to bind SP or to execute any such writings. Without limiting the foregoing notations on checks and other payments shall have no legal force and effect. Any conflict between these terms and conditions and any other writings shall be resolved in favor of the terms and conditions herein set forth. Waiver of any of these terms and conditions by SP in any one or more instances or occasions shall not operate or be construed as a waiver on any subsequent instance or occasion. Further, in the event any word, phrase, sentence, paragraph, provision or sub part of this agreement is unenforceable or void as a matter of law, this shall not affect the other provisions herein stated. Any suit, which may be brought to enforce any provision of this agreement or any remedy with respect thereto, shall be brought exclusively to the Circuit Court of Hillsborough County, Florida. The laws of Florida shall govern the force and effect of these terms and conditions.

18. Your acceptance and/or continued acceptance, as the case may be, of any SP service shall constitute acceptance of the above terms and conditions as well as complete waiver of anything to the contrary.

19. All payments must be made in U.S. dollars drawn from a U.S. bank. Money paid from a foreign bank or in a foreign currency will not be accepted.

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