Terms and Conditions
Introduction and Definitions
This Agreement sets forth the terms and conditions for the use of the Virtual Receptionist Call Answering Service (the "Service") provided by Inside Out ("the Company"). In this Agreement, "Customer" refers to any individual or entity that uses the Service, on their own behalf or on behalf of a third party. "Service Plan" denotes the specific subscription package selected by the Customer. "Subscription Period" refers to the monthly duration of the Service Plan.
Acceptance of Terms
The Customer agrees to these terms and conditions upon initiating the use of the Service. Acceptance is presumed upon completion of the service onboarding process. The terms are provided for review both prior to and after onboarding. When the Service is used on behalf of a company or client, such use constitutes acceptance of these terms on behalf of the Customer and the represented entity. Customers must be at least 18 years old and have the legal capacity to enter into this Agreement. The Customer agrees to abide by this Agreement and all applicable laws.
Service Commencement, Subscription and Modifications
The Service provided by Inside Out commences on the date we activate your account, which can be under a free trial or a standard subscription plan. The standard subscription operates on a monthly contract basis, initiating from the start date and automatically renewing each month. To make adjustments or changes to your subscription plan, including upgrades or downgrades, such requests must be communicated to Inside Out in writing before the beginning of the next billing cycle, which commences on the 1st of each month.
It is the sole responsibility of the Customer to ensure that calls are properly forwarded to Inside Out as part of utilizing the Virtual Receptionist Call Answering Service. This crucial aspect of the service setup is thoroughly discussed and outlined during the onboarding process. Inside Out emphasizes the importance of the Customer's role in implementing call forwarding to enable the effective functioning of the service.
Please be advised that Inside Out will not issue refunds or credits for service periods during which calls were not forwarded by the Customer. It is the Customer's obligation to manage and maintain the call forwarding setup as needed to ensure seamless service operation. Any lapses or oversights in call forwarding by the Customer, leading to service underutilization or non-utilization, will not be grounds for financial reimbursement from Inside Out.
Customers are encouraged to contact Inside Out promptly for any assistance or clarification needed regarding the call forwarding process to ensure optimal use of the Services.
Termination of this Agreement or any alterations to your plan requires written notice and will be conducted in accordance with the terms specified in this Agreement. Inside Out will make reasonable efforts to inform you via email and/or phone regarding any termination or changes to your service. However, Inside Out bears no responsibility for any business disruptions or damages that may result from the termination or alteration of your service plan.
Upon initiating a subscription with Inside Out, you may be eligible for an initial free trial or a money-back guarantee. The specific details of these offers, including duration and availability, are provided at the time of registration. It is the policy of Inside Out to automatically transition free trial accounts to regular paid subscriptions upon the conclusion of the trial period, unless the subscription is explicitly canceled before the trial's end. These introductory offers are exclusively available to new Customers who have not previously subscribed to our services. Customers who have previously availed of a free trial or money-back guarantee will not be eligible for these benefits again in the future.
For any service modifications, either upgrades or downgrades, Customers must submit their requests formally via email to support@insideoutva.com.
Notwithstanding any other provisions in this Agreement, Inside Out reserves the right to immediately terminate your Customer Contract or refuse service under specific circumstances. These include: (i) suspicion of requests involving fraudulent, illegal activities, or potentially illicit encounters, (ii) instances where you or your Callers demonstrate abusive, disrespectful, or inappropriate behavior towards our personnel, (iii) our determination, at our sole discretion, that our Services are not suitable for your business needs or objectives, (iv) failure to promptly pay any invoice, or (v) breach of any terms outlined in this Agreement.
Service Plan, Base Fee and Billing
Each Customer's subscription to the Inside Out Service Plan entails a Base Fee, detailed in the Rate Schedule available on our website. This Base Fee encompasses a fixed monthly service charge for calls made within the continental United States, as specified in your chosen Service Plan. In the event that the usage exceeds the number of minutes allocated in your Service Plan, a secondary rate will be charged for these additional minutes.
The Base Fee is inclusive of all regulatory and government fees, taxes, and surcharges, which encompass the regulatory recovery fees associated with the provision of services under your Service Plan. It is important to note that Inside Out’s service does not facilitate the forwarding or transferring of calls to phone numbers located outside the United States.
Billing for Inside Out’s services is meticulously calculated to the exact second, without any rounding up. For instance, a phone call lasting precisely five (5) seconds will incur a charge for those five (5) seconds. The billable duration is not limited to the talk time alone but also includes the time required by our operators or staff to perform any tasks related to the specific call.
Inside Out reserves the right to modify the Rate Schedule, including any changes to our pricing and billing practices, at our sole discretion. We may introduce new products and services at special introductory pricing, which are subject to change based on our decision. All usage charges are billed in one-second increments. Additionally, a monthly minimum base rate, as described in your Service Plan, is applicable.
For any modifications to your selected services, whether upgrades or downgrades, Customers must send their requests in writing via email to support@insideoutva.com.
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Billing and Payment
Upon registering as a Customer with Inside Out, you agree to utilize the Services in accordance with these Terms and commit to paying for the subscribed Services, including any changes you make to your service selections, as well as all applicable sales and use taxes based on the address provided at registration. All fees are charged in United States dollars. The billing for your subscription begins from the date of sign-up, which applies even to Services that may not be immediately available. Billing is calculated for each calendar day of the subscription, starting from the day of sign-up, and your initial payment covers the fees for the first month of Services.
Invoices for the Services are generated only upon request and are sent to the email address associated with your Inside Out account. It is your responsibility to ensure that the email address on your account is up-to-date and valid.
By providing payment details to Inside Out, you affirm and guarantee that this information is accurate, truthful, and that you are authorized to use the specified payment method for these transactions. You accept full responsibility for any cases of payment or credit card fraud, misuse, or unauthorized use by yourself or others. Except in cases of service downgrades or cancellations as permitted under these terms, all payments are nonrefundable, with no refunds or credits issued for partially used periods.
If payments are not made timely, or if Inside Out is unable to process a charge on the payment method on file for any reason, Inside Out reserves the right to suspend or terminate your access to the Services. In cases where a payment is more than 10 calendar days overdue, a late fee of $25 may be applied. Additionally, if overdue fees are referred to an attorney or collections agency, you will be responsible for all reasonable fees associated with the collection. Returning Customers must clear any outstanding balances, including late fees, before the reactivation of Services.
No Warranties
Inside Out expressly disclaims any and all representations or warranties, both express and implied, concerning the Services. This disclaimer includes, but is not limited to, any warranties relating to the availability, quality, reliability, suitability, timeliness, truthfulness, accuracy, or completeness of the Services. Customers choose to use the Services at their own risk.
In alignment with the maximum extent permitted by applicable law, the Services are offered on an “as is,” “as available,” and “where-is” basis. This provision explicitly excludes any implied warranties, which encompass, but are not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.
Inside Out does not assure or guarantee that the Services will meet every requirement of the Customer or that the operation of the Services will be uninterrupted or error-free. It is to be understood that no oral or written information, representation, or advice provided by Inside Out or its representatives creates any warranty not explicitly detailed in a written document signed by an authorized representative of Inside Out.
Limitation of Liability and Remedies
The exclusive remedy available to Customers in connection with the provision of Services by Inside Out is as delineated in this Agreement. Notwithstanding any other terms or agreements that may exist between the Customer and Inside Out, except as explicitly mentioned in the subsequent paragraph, Inside Out's liability is limited and does not extend to any (1) direct, indirect, special, consequential, or punitive damages, or loss of business, irrespective of whether these arise directly or indirectly from any failure, omission, error, delay, interruption, or inadequacy in the Services, (2) damages that emerge from either the usage or inability to use the Services, including but not limited to failures in message transmission or reception, inaccuracies in messages, or a total lack of message reception, (3) damages stemming from the interruption, suspension, or cancellation of Services, or (4) damages attributable to the non-discontinuation of Services following a cancellation by either the Customer or Inside Out.
Inside Out is not accountable for any failures associated with telephone, satellite communications, or wireless carriers that form an integral part of the service infrastructure. In the event of any issues or grievances, Customers must submit their claims to Inside Out in writing within 14 days following the occurrence of the incident. The liability of Inside Out in such cases is strictly confined to a credit adjustment equal to the Customer's pro-rated monthly service charge for the duration during which the issue took place, capped at a maximum of either 15 days or five hundred dollars ($500.00) USD, whichever is less (referred to as the “Liability Cap”).
Indemnification Obligation
As a Customer of Inside Out, you agree to defend, indemnify, and absolve Inside Out and its affiliates, subsidiaries, parent companies, and their respective officers, directors, employees, agents, information providers, and partners (hereinafter collectively referred to as the “Protected Parties”) from any and all liabilities. This indemnification covers protection from actual or potential legal actions, proceedings (in law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses, including but not limited to reasonable attorney fees, costs, penalties, interest, and disbursements. Such indemnification pertains to issues arising from or related to (a) your actions and conduct in relation to the Services and/or (b) any breach or purported breach of these Terms by you or any individual accessing the Site or Services using your account. It is explicitly understood and agreed that Inside Out will not bear any liability for any damages, of any nature, resulting from your use of, or inability to use, the Services. This limitation of liability includes, but is not limited to, any failures, interruptions, or operational issues with the Services provided by Inside Out.