Terms & Conditions
1.0 PROFESSIONAL COMMUNICATIONS MESSAGING SERVICE, INC. (“PCMSI”) agrees to supply to SUBSCRIBER services listed on page 1, for duration of agreement.
2.0 Answering service will be available to SUBSCRIBER on stated telephone line(s) on a continuous basis, twenty-four hours a day, seven days per week. All instructions for answering service must be confirmed by the appropriate PCMSI personnel, with details provided by the SUBSCRIBER in writing. Changes to these instructions must also be provided to the appropriate PCMSI personnel by the SUBSCRIBER in writing. Additional fees may apply due to the complexity of the changes.
3.0 SUBSCRIBER agrees to pay PCMSI in advance, and on the basis set forth above, all charges set forth in tariff on file, and as published by PCMSI. PCMSI may raise its fees with at least a 30-day notice to SUBSCRIBER. SUBSCRIBER further agrees to pay, at initiation of service, one-time charge for registration and first billing charges on the basis of charges set forth in current tariff and published rates. SUBSCRIBER also agrees to pay all taxes and a fair and equitable security deposit equal to the first month’s payment, if not enrolling in automatic payments.
4.0 SUBSCRIBER agrees to pay charges for the current month, as well as for excess calls incurred in the previous month, if applicable, by invoice due date. Charges computed in accordance with PCMSI’s current published rates and, if applicable, the Best Rate Guarantee.
5.0 If applicable, PCMSI will provide the SUBSCRIBER with its Best Rate Guarantee, in which PCMSI will bill SUBSCRIBER at the most cost-effective published rates.
6.0 The term “month,” referred to in this contract, shall be equal to the calendar month of the year in which the service is rendered. Cancellation of service must be in writing by the SUBSCRIBER 30 days in advance. Billings will continue through the 30-day notice period. At that time, the security deposit will be applied to the account, if applicable. Excess calls incurred during this time, in which the deposit, if applicable, does not cover, will result in one final invoice. Any excess monies remaining on the account will be credited to the SUBSCRIBER.
6.1 The term “28 Day Billing”, shall be equal to each 28-day billing cycle. Cancellation of service will be in the same manner as set forth for monthly billing.
6.2 The term “Quarter” referred to in this contract shall be equal to three calendar months, beginning with the first month of service. Cancellation of service will be in the same manner as set forth for monthly billing.
7.0 This contract is for one billing period and will be automatically renewed for succeeding billing period if not cancelled by SUBSCRIBER with at least a 30- day written notice.
8.0 If SUBSCRIBER, at the time of billing, has an unpaid balance, PCMSI will charge SUBSCRIBER a late fee of 1.5% per month to all outstanding balances. In addition, SUBSCRIBER agrees to pay PCMSI reasonable collection costs and reasonable reconnect fee if PCMSI has disconnected service. Time is of the essence herein, and upon non-payment by SUBSCRIBER of any charges within thirty (30) days after the same shall become due and payable, PCMSI shall be empowered to elect to rescind and abrogate this agreement, with notice to SUBSCRIBER. If it becomes necessary to bring suit to collect unpaid charges, SUBSCRIBER agrees to bear the cost of such suit, together with Attorney fees for preparation of suit and for the execution of judgment.
SUBSCRIBER hereby voluntarily and knowingly submits to the personal jurisdiction of the courts of Pennsylvania and thus waives any objection to any action brought in Pennsylvania on jurisdictional grounds. Subscriber further agrees that the exclusive forum for any dispute arising out of this contract shall be the Court of Common Pleas for Erie County, Pennsylvania, or the United States District Court for the Western District of Pennsylvania (Erie division).
9.0 PCMSI will not be responsible for interruptions in service beyond its control, such as, but not limited to: Telephone Company or other Public or Private Utility Companies interruptions and omissions, Acts of God, Public disaster, War or Atomic explosions, misuse, Mechanical Failures, Actions of Civil Authorities, and errors of omission by employees.
10.0 PCMSI shall not be responsible for any errors or omissions in processing Answering Service messages, except for those willfully caused or perpetrated.
11.0 If PCMSI is found liable for any loss or damage due to its negligence or the failure to perform its obligations in this agreement, including monitoring, repairing, or providing service in any respect at all, the company’s maximum liability shall not exceed an amount greater than one month or one billing cycle of SUBSCRIBER’S base rate.
SUBSCRIBER expressly waives all claims for any other loss or damage which may occur prior to, at, or after signing this agreement. This includes claims based on contract, tort, negligence, warranty (including merchantability and fitness for a particular purpose), and any other theory of liability.
This exclusion specifically releases PCMSI from liability for: lost profits, lost or damaged property, loss of use of property or the premises, governmental fines and charges, and the claims of third parties. Also covered by this exclusion are the following types of damages: direct, indirect, special, incidental, consequential (damages that result from an act, but do not directly relate to the act), and punitive (damages used to make an example of someone).
12.0 SUBSCRIBER cannot assign this Agreement without PCMSI’s consent. This Agreement is binding upon PCMSI and its successors and assigns without SUBSCRIBER’s consent.
13.0 This Agreement contains the entire understanding between SUBSCRIBER and PCMSI and replaces any other documents or discussions the parties have had. This Agreement is not binding on PCMSI until PCMSI, and its authorized agents signs it or begins installation or service. This Agreement is governed by Pennsylvania law.
14.0 If PCMSI does not approve this Agreement, PCMSI’s only obligation is to refund any payments SUBSCRIBER has made. Any services PCMSI provides to SUBSCRIBER in the future is subject to the terms of this Agreement, as so amended. This Agreement cannot be changed except by a writing that both SUBSCRIBER and PCMSI signs.
PCMSI reserves the right to amend or update these Terms and Conditions with a minimum of 30 days of notice to the SUBSCRIBER.
If any provision of the Agreement is found to be invalid, the remaining provisions are still effective.
Have Questions?
Or call us at 888.776.2661
Have Questions?
Or call us at 888.776.2661
1.0 PROFESSIONAL COMMUNICATIONS MESSAGING SERVICE, INC. (“PCMSI”) agrees to supply to SUBSCRIBER services listed on page 1, for duration of agreement.
2.0 Answering service will be available to SUBSCRIBER on stated telephone line(s) on a continuous basis, twenty-four hours a day, seven days per week. All instructions for answering service must be confirmed with the appropriate PCMSI personnel, with details provided by the SUBSCRIBER in writing. Changes to these instructions must also be provided to the appropriate PCMSI personnel by the SUBSCRIBER in writing. Additional fees may apply due to the complexity of the changes.
3.0 SUBSCRIBER agrees to pay PCMSI in advance, and on the basis set forth above, all charges set forth in tariff on file, and as published by PCMSI. PCMSI may raise its fees with at least a 30-day notice to SUBSCRIBER. SUBSCRIBER further agrees to pay, at initiation of service, one-time charge for registration and first billing charges on the basis of charges set forth in current tariff and published rates. SUBSCRIBER also agrees to pay all taxes and a fair and equitable security deposit equal to the first month payment, if not enrolling in automatic payments.
4.0 SUBSCRIBER agrees to pay charges for the current month, as well as for excess calls incurred in previous month, if applicable, by the 22nd day of the month. Charges computed in accordance with PCMSI’s current published rates and Best Rate Guarantee.
5.0 PCMSI will provide to SUBSCRIBER its Best Rate Guarantee, in which PCMSI will bill SUBSCRIBER at the most cost-effective published rates.
6.0 The term “month”, referred to in this contract, shall be equal to the calendar month of the year in which the service is rendered. Cancellation of service must be in writing by the SUBSCRIBER 30 days in advance. Billings will continue through the 30-day notice period. At that time, the security deposit will be applied to the account, if applicable. Excess calls incurred during this time, in which the deposit if applicable, does not cover will result in one final invoice. Any excess monies remaining on the account will be credited to the SUBSCRIBER.
6.1 The term “Quarter” referred to in this contract, shall be equal to three calendar months, beginning with the first month of service. Cancellation of service will be in the same manner as set forth for monthly billing.
7.0 This contract is for one billing period and will be automatically renewed for succeeding billing period if not cancelled by SUBSCRIBER with at least a 30-day written notice.
8.0 If SUBSCRIBER is more than 30 days late with payment, PCMSI will charge SUBSCRIBER a late fee of 1.5%, per month, to all outstanding balances. In addition, SUBSCRIBER agrees to pay PCMSI reasonable collection costs and reasonable reconnect fee if PCMSI has disconnected service. Time is of the essence herein, and upon non-payment by SUBSCRIBER of any charges within thirty (30) days after the same shall become due and payable, PCMSI shall be empowered to elect to rescind and abrogate this agreement, with notice to SUBSCRIBER. If it becomes necessary to bring suit to collect unpaid charges, SUBSCRIBER agrees to bear the cost of such suit, together with Attorney fees for preparation of suit and for the execution of judgment.
SUBSCRIBER hereby voluntarily and knowingly submits to the personal jurisdiction of the courts of Pennsylvania and thus waives any objection to any action brought in Pennsylvania on jurisdictional grounds. Subscriber further agrees that the exclusive forum for any dispute arising out of this contract shall be the Court of Common Pleas for Erie County, Pennsylvania or the United States District Court for the Western District of Pennsylvania (Erie division).
9.0 PCMSI will not be responsible for interruptions in service beyond its control such as, but not limited to: Telephone Company or other Public or Private Utility Companies interruptions and omissions, Acts of God, Public disaster, War or Atomic explosions, misuse, Mechanical Failures, Actions of Civil Authorities, and errors of omission by employees.
10.0 PCMSI shall not be responsible for any errors or omissions in processing Answering Service messages, excepting those willfully caused or perpetrated.
11.0 If PCMSI is found liable for any loss or damage due to its negligence or the failure to perform its obligations in this agreement, including monitoring, repairing, or providing service in any respect at all, the company’s maximum liability shall not exceed an amount greater than one month of SUBSCRIBER’S base rate.
SUBSCRIBER expressly waives all claims for any other loss or damage which may occur prior to, at, or after signing this agreement. This includes claims based on contract, tort, negligence, warranty (including merchantability and fitness for a particular purpose), and any other theory of liability.
This exclusion specifically releases PCMSI from liability for: lost profits, lost or damaged property, loss of use of property or the premises, governmental fines and charges, and the claims of third parties. Also covered by this exclusion are the following types of damages: direct, indirect, special, incidental, consequential (damages that result from an act, but do not directly relate to the act), and punitive (damages used to make an example of someone).
12.0 SUBSCRIBER cannot assign this Agreement without PCMSI’s consent. This Agreement is binding upon PCMSI and its successors and assigns without SUBSCRIBER’s consent.
13.0 This Agreement contains the entire understanding between SUBSCRIBER and PCMSI and replaces any other documents or discussions the parties have had. This Agreement is not binding on PCMSI until PCMSI, and its authorized agents signs it or begins installation or service. This Agreement is governed by Pennsylvania law.
14.0 If PCMSI does not approve this Agreement, PCMSI’s only obligation is to refund any payments SUBSCRIBER has made. Any services PCMSI provides to SUBSCRIBER in the future is subject to the terms of this Agreement, as so amended. This Agreement cannot be changed except by a writing that both SUBSCRIBER and PCMSI signs.
PCMSI reserve the right to amend or update these Terms and Conditions with a minimum of 30 days of notice to the SUBSCRIBER.
If any provision of the Agreement is found to be invalid, the remaining provisions are still effective.
Have Questions?
Or call us at 888.776.2661
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