Purchase of this service will constitute an agreement between Calls On Call LLC (hereafter referred to as “Consultant”) and Company Represented by Purchaser (hereafter referred to as “Client”) regarding Consultant’s work for Client in providing call answering and administrative assistant services, and the production of any deliverables in conjunction with this engagement (the “Engagement”).
•Nondisclosure. Consultant agrees to hold and maintain confidential all information Client provides Consultant in conjunction with the Engagement. The Consultant shall not knowingly use, copy, or disseminate information Client provides Consultant, or any deliverables produced, other than to the Client. This obligation of the Consultant shall survive any expiration, termination, or cancellation of this agreement, and shall remain in full force.
•Ownership. Consultant agrees that the production of deliverables shall be defined as work-for-hire, and that all ownership rights thereof shall become the property of the Client or its assigns upon satisfactory payment for services rendered.
•Return of materials. Consultant agrees, after payment in full for services rendered, to return any and all materials provided for use in the production of the deliverables.
•Independent Contractor. Consultant acknowledges that it is acting as an independent contractor with respect to any and all services performed under this Agreement. The Consultant will provide all of its own necessary equipment and supplies to complete the work. Nothing contained in this Agreement shall be construed to create the relationship of employer and employee. From any amounts due Consultant, there will be no deductions for federal income tax or FICA payments, nor for any state income tax, nor for any other purposes which are associated with an employer-employee relationship unless required by law. Payment of federal income tax, FICA payments, and state income tax are the responsibility of the Consultant.
•Dispute Resolution. Consultant and Client agree that the exclusive jurisdiction for any dispute arising from this Subcontracting Agreement shall be the Circuit Court for Dane County, Wisconsin. In the event Client fails to pay for services agreed to and/or rendered hereunder, Client agrees that Consultant may recover its actual costs of collection, including its actual and reasonable attorneys’ fees. Dispute must be submitted in writing to Consultant with a 60-day option of right to resolve before formally taking court action.
•NON-SOLICITATION. Customer will not, for a period equal to the earlier of (i) one (1) year after a person has ceased to work for Calls On Call LLC or (ii) the term of this Agreement and one (1) year thereafter, directly or indirectly, solicit for itself or any third party, any person employed by Calls On Call LLC who provided Services to Customer to leave that employment or to provide, independently or with others, services to Customer unless prior written authorization is obtained from Calls On Call LLC. Should Customer breach this Section or hire or contract with an employee of Calls On Call LLC (the “Former Employee”) during the time period set forth in the previous sentence, Customer shall pay Calls On Call LLC a placement fee amounting to the Former Employee’s salary and benefits for the prior twelve (12)-month period. Both parties agree that damages pursuant to this Section may be difficult or impossible to ascertain, and that the placement fee set forth in the previous sentence is a reasonable pre-estimate of the applicable damages and shall be deemed liquidated damages and not a penalty.
•Shared Contractor. Client understands that this is a shared receptionist. Some calls may be missed or dropped due to technical issues, unavailable receptionist, or other unforeseen circumstances.
•Limited Liability. Client understands that this is a shared human receptionist. Consultant shall not be held liable for damages arising out of an error or omission on the part of Consultant, Consultant’s employees or contractors. In providing services under this agreement, the Consultant will endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession practicing under similar circumstances.
•Severability. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision of this Agreement or the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
•Payment Terms. Client agrees to pay Consultant with a credit card an automatically billed amount agreed upon by Client and Consultant for services to be rendered. Client’s credit card will be billed automatically on the 1st of each month, unless another date is agreed upon with Consultant. Failure to make payment does not void contract or limit financial responsibility to the Consultant by the Client.
•Automatically Renewing. Client understands that this contract is automatically renewed at the same term as initially agreed upon. Automatic renewal of contract can be prevented, if desired, with a 30-day written notice at least 30 days before automatic renewal of contract.
•Receptionist will not be available on National Holidays: New Year’s Day, Memorial Day, 4th of July Independence Day, Labor Day, Thanksgiving Day, day after Thanksgiving, Christmas Day unless 24/7 service is selected.
•Client understands there is no penalty to move up packages (increase call time). Client also understands they need to give a 60-day written notice to drop packages (decrease call time) or they will be issued a $250 fee.
•Client understands that Calls On Call requires a 30-day written notice for cancellation (after the 6 month contract has expired). Services will continue through the last day of the month following 30 days.
•Updates to these Terms and Conditions may occasionally happen. Please bookmark and refer to this web page for any changes and updates made to these terms and conditions.
There will be a 5% annual cost of business/cost of living increase added to rates each succeeding year, from start date of contract.
Invoices are sent out the 1st of each month and will reflect that month’s contracted amount, as well as any additional overage time for the previous month. Invoices are due upon receipt. A 1.5% late fee will be added to any invoices 30 days past due, in 30-day increments. Setup fee is required before any work will be started. Failure to make payment does not void contract or limit financial responsibility to the Consultant by the Client. The parties above agree to be bound by the terms of the Subcontracting Agreement submitted with this proposal.
*Additional training will be billed at $50/hour
**Rates are based on signing a 6-month contract with Calls On Call, and month-to-month thereafter. Rate quotes are guaranteed up to 90 days.
***If services are put on temporary hold for 30 days or more there will be a $20/month fee to maintain the service. If services are on hold 6 months or more there will be a $250 re-training fee when re-activated.
****If service is canceled and reinstated within 6 months there will be a $150 reinstallation fee; if reinstated more than 6 months after cancellation, full set-up fee will be charged.
For website Terms and Conditions, please refer to this page: https://callsoncall.com/terms/.