B.Live Answering Service, LLC Standard Service Agreement

Terms and Conditions

B.Live Answering Service, LLC (collectively “B.Live”) appreciates the opportunity to earn your business and will strive to provide the best customer experience possible. The following terms and conditions will regulate our business relationship and comprises a legal agreement between you (The Client) and B. Live Answering Service, LLC. 

1. Services

B.Live will provide telephone answering services and/or virtual assistance services as agreed by the purchaser. By using B.Live services you agree to these terms and conditions. B.Live Answering Service will make commercially reasonable efforts to provide the services selected and agreed to by the client. B.Live answering service cannot guarantee errors will not occur and will not be held liable for them. B.Live makes all reasonable efforts to transmit communication without delays but cannot guarantee that delays may occur from time to time. B.Live strives to answer all incoming calls but does not guarantee that a call may be missed or answered timely and will not be held responsible. B. Live cannot be held accountable for unexpected increases in phone calls and ask for two weeks’ advanced notice if an increase is anticipated. Neither party is held liable for matters out of their control, including but not limited to electrical or internet outages, severe weather, natural disasters, riots or acts of violence, terrorism, war, system lockouts, computer/software issues, strikes and/or labor shortages, or any other event beyond reasonable control. It is understood that B.Live Answering Service, LLC is not a 911 dispatch and are not held responsible for medical emergencies. Calls are recorded for quality and training purposes; audio and electronic messages are stored up to 60 days. 

2. Confidentiality

Both parties agree they will not intentionally duplicate, use, or disclose confidential messages, information, or documentation unless written consent has been obtained but does reserve the right to cooperate with all law enforcement agencies in accordance with the request within their job scope. Clients in the medical and dental industries understand and agree that personal health information (PHI) must be protected under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). It is the sole responsibility of the Client to get permission from each patient if text messages are requested as a message delivery option; the patient needs to be aware of the risks involved and sign a waiver. The client agrees to provide a searchable patient list if any client refuses. B.Live is not held liable if text is your selected method of communication.

3. Third-Party Vendors

B.Live Answering Service may use other products or integrate software programs to provide services which may require separate access. By providing B.Live Answering Service such access you are granting permission to access accounts and data encompassed within. This agreement only covers B.Live and you, the Client, no third parties. 

4. Billing & Payments

4.a. Invoicing.  B.Live Answering Service, LLC  invoicing will begin from the day of the month services begin and the billing cycle is every 28 days.  Invoices are due within 7 days of date listed on the invoice and a $25.00 late fee will apply at day 14 after the date of the invoice. Automatic payments options are available, if selected, it is the client’s responsibility to ensure payment information is kept up to date.  If a payment is declined or returned by the financial institution for any reason, there will be a $35.00 fee assessed to the client.  Accounts that are not paid by 60 days of date of the invoice may be subject to termination of services.

4.b. Billing. If your plan includes all-inclusive minutes, B.Live reserves the right to upgrade you to a plan that best fits your usage.  If your plan is based on actual usage and charged per minute, calls are measured by 60 second increments. Calls that are under 20 seconds are dismissed and not billed. Calls that are over 20 seconds have a minimum of 60 seconds. Time of each call is measured by connect to the disconnect of the call and include all inbound and outbound calls.  B.Live answering services will charge a fee of $19.99 for each federally observed holiday. 

4.c. Rates. B.Live Answering Service reserves the right to increase the rates but will provide a minimum of 30 days’ notice.  

4.d. Cancellation. B.Live Answering Service, LLC is service based, and the client is free to stop using our services at any time but do require that termination of services are done in writing with 30-day notice. 

5. Alterations

B.Live reserves the right to amend and revise these terms and conditions at any time.  Effective date will be made 30 days after uploaded to the website www.bliveanswers.com and will be notated on your invoice with effective date for client’s review.

6. Indemnification

The client agrees to indemnify and hold B.Live Answering Service, its affiliates, officers, paid employees (this includes independent contractors), harmless for any omissions, errors and and/or acts from any and all claims, losses (including lost profits or revenue), demands, expenses, and/or liabilities (including attorney fees). This covers items in or out of connection with the breach of any items in these terms and conditions, the use of your content, violation of any third-party vendors, use of your services with B.Live (this includes any recordings of phone conversations). 

7. Limitations of Liability

Under no circumstances shall B.Live be liable to the client or any third-party vendor for any loss of business, use, lost profit, revenue, this includes the loss of any data and/or any direct, indirect, consequential, incidental, or punitive damages that may or may not arise from tort, performance, or failure to perform, negligence, and/or breach of agreement. Entire liability to the client shall not exceed fees and costs payable by the client for the payment period in accordance with the time of the event or claim, with a maximum of $2500.

8. Dispute Resolution

The client must provide written notification to B.Live within 10 days of when the dispute was known or arises. B.Live will acknowledge and work diligently towards a reasonable resolution within 10 business days. B.Live and the Client should make all efforts to resolve the issues working together through negotiations.

In the event both parties are unable to resolve on their own, the parties shall enter into non-binding mediation. This process should be initiated within 30 days of failed negotiations and handled by a third party. If parties cannot agree on a mediator, the two chosen mediators can refer a mediator to both parties. 

Should mediation be unsuccessful in striking an agreeable resolution, the parties shall move to binding arbitration pursuant to the rules of the American Arbitration Association.

Meetings for negotiations, mediation, and/or arbitration will take place in Wilmington, N. Carolina. 

9. Governing Law

These terms and conditions are governed, construed and executed in N Carolina and should be interpreted and enforced in accordance with the laws in the State of North Carolina.

10. Whole Agreement

These terms and conditions constitute the entire understanding of both parties related to the material within this document. This agreement supersedes any other prior agreements, discussions or representations.