ReadyChat is hereby authorized to be my answering service and to act as my agent in all matters relating to messaging, email, and telecommunication services. I agree to the terms and conditions of service, and I agree to pay all charges as per invoice terms. I understand that my use of any service provided by ReadyChat constitutes acceptance of these terms and conditions. I authorize ReadyChat to verify the information given on this application and to receive and exchange credit information concerning this account both now and in the future. Provision of service is contingent upon credit approval.
I understand that during the month ReadyChat will charge my credit card for the monthly service fee on a periodic basis. I also understand that I can work with ReadyChat to change my plan to a rate plan that more appropriately matches my usage of service. ReadyChat reserves the right to suspend service at any time in the event of a declined attempt to charge the recurring credit card. Further, I understand that I must have a valid URL with a fully operational website to prevent potential suspension/deactivation of the live chat service until such time a valid URL and/or fully functional website/s is provided. ReadyChat code installation on my website must occur within 30 days of receiving, unless otherwise advised in writing to ReadyChat of a delay and reasonable installation timeframe for code, which will be at the discretion of ReadyChat to suspend, and or deactivate my service.
ReadyChat is hereby authorized to charge the indicated credit card on a recurring basis for payment for services performed on my behalf. In the event of cancellation of service, I authorize ReadyChat to subsequently charge any credit card in my recurring authorization agreement for payment of all charges for any services performed on my behalf by ReadyChat. I agree that if I have any problems or questions regarding my service that I will contact ReadyChat for assistance, and I agree that I will not dispute any charges from ReadyChat unless I have already attempted to rectify the situation directly with ReadyChat. I agree that any credits offered by ReadyChat will not be refunded to my credit card, but will be applied to my account with ReadyChat. I agree to inform ReadyChat of any change (including expiration date) in my credit card information, which may be required in writing. I guarantee and warrant that I am the legal cardholder for this credit card and that I am legally authorized to enter into this recurring billing agreement. I agree that termination of this recurring credit card authorization must be in writing to ReadyChat.
SERVICES. Upon acceptance and approval of my Service Agreement (“Agreement”), R-CI, (DBA ReadyChat Inc.) agrees to make commercially reasonable efforts to provide the services I have selected, and I agree to use those services, in accordance with these terms and conditions of this Service Agreement. Work interactions on your account are measured from connect to conclusion of work associated withthe interaction including inbound and outbound chat sessions billed on a per lead basis. I understand that I must provide the e-mail, phone number, or other telecommunications service that will be used to deliver my messages to me, except the user login details for the CRM service that R-CI will provide upon my request at an additional charge. The service is propriety to and the property of R-CI, and the title thereto remains in R-CI. All applicable rights in copyrights, trademarks, and trade secrets in the service are owned by R-CI. I will not sell, transfer or otherwise make available the service to any third parties without the prior written approval of R-CI. Service is provided for use only by me and my authorized agents. I agree to give R-CI at least seven (7) business days prior written notice before any known increases in chat volume.
BILLING AND PAYMENT. Monthly recurring charges are billed in advance for the month when the service is to be performed. I am responsible for payment of all charges for any services performed on my behalf by R-CI. Payments are due in R-CI’s offices on or before the due date. R-CI reserves the right to require payment outside the regular monthly billing cycle. If my bill is not paid before the due date, a late fee in the amount of one and one-half percent (1.5%) of the unpaid balance will be applied to my account. I agree that a late fee is a reasonable pre-estimate of R-CI’s damages for late payments. I will be assessed a charge of twenty-five dollars ($25.00) for each check or other payment to R-CI which a financial institution refuses to honor for any reason.
TERM AND TERMINATION. This Agreement shall be in effect for a minimum term of thirty (30) days and will remain in force on a month to month basis thereafter until terminated by either party upon thirty (30) days notice. R-CI reserves the right to increase any of its rates or charges at any time upon thirty (30) days notice. If I fail to pay any bill within ten (10) days of its due date, R-CI may restrict or terminate my service. I must give R-CI written notice of cancellation. I will not use the services for any unlawful purpose and only use the services in accordance with the terms and conditions of this Agreement. I understand that R-CI may immediately restrict or disconnect my service without notice for any violation thereof. If I fail to meet my service agreement, I may be debited an early termination fee for 20 percent of my remaining recurring charges for the (30) day service agreement or $99.99, whichever is higher.
DISPUTE RESOLUTION. I will send R-CI a written notice of any dispute on my bill within thirty (30) days after the statement date, or such statement shall be deemed to be correct and payable in full. I will provide detailed information regarding any dispute, and I agree to cooperate with R-CI in an investigation of disputed matters. If R-CI initiates legal proceedings to collect any amount due hereunder and R-CI substantially prevails in such proceedings, then I will pay R-CI’s costs and reasonable attorneys’ fees in such proceedings and any appeals. I waive any and all rights I may have to a jury trial in connection with any proceedings concerning this Agreement.
LIMITED WARRANTIES, REMEDIES, AND DAMAGES. R-CI does not warrant that it will have sufficient resources to handle unexpected increases in chat volumes. R-CI does not warrant that the service is error-free, or will operate without delays or interruptions. R-CI is not responsible for transmission errors, corruption of data, or the security of information carried over telecommunication services. Subject to the foregoing limitations, R-CI will use commercially reasonable efforts to provide the services, and if R-CI fails to do so, my sole remedy will be, at R-CI’s sole discretion, either: (1) the correction of the failure to provide the services, or (2) a refund of the monthly recurring charges I paid to R-CI for such services during the period of time that the services were affected. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, R-CI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVIDED HEREUNDER. R-CI SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY LIABILITY HEREUNDER WILL BE LIMITED TO DIRECT DAMAGES, AND NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOST REVENUE, OR LOSS OF GOODWILL) FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT. R-CI’S ENTIRE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS I PAID TO R-CI FOR SUCH SERVICE DURING THE TWELVE (12) MONTHS..