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”).
•Overage. Each call package allows for a given amount of office administrative time (except for Growth and After Hours call packages), including call time as well as administrative time (EG: emails, calendar scheduling, notes, etc.). Usage beyond the time included with your package will be billed at the following rates:
Platinum Package Overage minutes will be billed in 15-minute increments at a rate of $35/15 minutes
Gold Package Overage minutes will be billed in 15-minute increments at a rate of $40/15 minutes
Silver Package Overage minutes will be billed in 15-minute increments at a rate of $45/15 minutes
Bronze Package Overage minutes will be billed in 15-minute increments at a rate of $50/15 minutes
Usage beyond the time included with your older package will be billed at the following rates:
Fiber Package Overage minutes will be billed in 15-minute increments at a rate of $20/15 minutes
Copper Package Overage minutes will be billed in 15-minute increments at a rate of $30/15 minutes
Tin Package Overage minutes will be billed in 15-minute increments at a rate of $35/15 minutes
String Package Overage minutes will be billed in 15-minute increments at a rate of $36/15 minutes
•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.
•Superior Force. Excluding either Party’s payment obligations under the Agreement, neither Party will be responsible or liable for any failure to perform or delay in performing to the extent resulting from any event or circumstance that is beyond that Party’s reasonable control, including without limitation any act of God; national emergency; third-party telecommunications networks; riot; war; terrorism; governmental act or direction; change in Laws; fiber, cable, or wire cut; power outage or reduction; rebellion; revolution; insurrection; earthquake; storm; hurricane; flood, fire, or other natural disaster; strike or labor disturbance; or other cause, whether similar or dissimilar to the foregoing, not resulting from the actions or inactions of such Party.
•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.
•Recording. Client and Consultant agree that all telephone and data transmissions may be recorded and retained. Company is not obligated to make or retain such recordings.
•Trial Package. Client agrees that once they sign up for the Trial Package, they will promptly respond to Consultant so that services may be started in a timely manner. Failure by Client to respond to Consultant within 5 (five) business days from the date of the last communication with Client and Consultant shall result in the forfeiture of the Trial Package payment.
•Payment Terms. Client agrees to pay Consultant via ACH Processing or a credit card an automatically billed amount agreed upon by Client and Consultant for services to be rendered. Client’s payment method will be billed automatically on or around the 1st week of each month, unless another date is agreed upon with Consultant.
•ACH Payments Preferred. Client agrees to pay Consultant via ACH Processing initiated by Consultant. If Client chooses to pay Consultant by any other means, a 4% fee will be added to Client’s invoices. This 4% fee will be added following the third month of services with Consultant. The ACH Payment Authorization form can be found here: https://callsoncall.com/wp-content/uploads/2021/06/Calls-On-Call-ACH-Authorization-Form.pdf
•Payment Terms Option. If Client does not agree to be automatically billed, Calls On Call reserves the right to add the higher of $50 or 10% of the invoice amount to each invoice as a We Are Not A Bank Fee.
•Delayed Payment Lending Fee. Calls On Call will be implementing a 4% lending fee on your next invoice for any payments not received by the 13th of the current month.
•Payment Failure. Failure to make payment does not void contract or limit financial responsibility to the Consultant by the Client.
•Package Rates When Changing Packages. Client agrees that changing packages at any time will override any previous pricing and will reflect the current pricing as shown on Consultant’s website, callsoncall.com. Increasing packages (increased call time) will negate any previous annual automatic increases in package pricing. Lowering packages will keep or return the annual increase in package pricing from the Customer start date.
•Higher Level Packages. Client understands there is no penalty to move up packages (increase call time). Client also understands that after 90 days of being a Client of Consultant, the Client agrees to give a 60-day written notice to drop packages (decrease call time) or they will be issued a $250 fee.
•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.
•Holidays. 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.
•Cancellation by Client. Client understands that Calls On Call requires a 30-day written notice for cancellation. Services will continue through the the last full billing cycle following the notice of cancellation.
•Cancellation by Consultant. Client understands that Calls On Call may cancel services with Client at anytime and for any reason. A 30-day written notice for cancellation will be supplied to Client via Client’s supplied email address and any appropriate refund, if due, will be given to Client. Services will continue through the last day of the month following 30 days. Client will be responsible for charges for all services provided.
•Updates. 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.
COLI Increase. There will be a 5% annual cost of business/cost of living increase added to rates each succeeding year, from start date of contract.
Late Fees. Invoices are sent out on or near 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 $75/hour
***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.
Terms and Conditions for use of service.
Terms and Conditions for use of website.
For website Terms and Conditions, please refer to this page: https://callsoncall.com/terms/.